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

    S. 2006                                                  A. 3006

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

                            January 21, 2015
                               ___________

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, apportionment of school aid, the teachers of  tomorrow  teacher
  recruitment  and retention program and waivers from certain duties; to
  amend the state finance law, in relation to moneys  appropriated  from
  the  commercial  gaming revenue fund; to amend chapter 756 of the laws
  of 1992, relating to  funding  a  program  for  work  force  education
  conducted  by the consortium for 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 extending the  effective-
  ness  of such chapter; to amend chapter 169 of the laws of 1994 relat-
  ing to certain provisions related to the 1994-95 state operations, aid
  to localities, capital projects and debt  service  budgets;  to  amend
  chapter  82  of the laws of 1995, amending the education law and other
  laws relating to state aid to school districts and  the  appropriation
  of  funds for the support of government; to amend section 7 of chapter
  472 of the laws of 1998 amending the education  law  relating  to  the
  lease of school buses by school districts; to amend chapter 147 of the
  laws  of  2001  amending  the  education  law  relating to conditional
  appointment of school district, charter school or BOCES employees;  to
  amend  chapter  425  of  the  laws  of 2002 amending the education law
  relating  to  the  provision  of  supplemental  educational  services,
  attendance  at  a  safe public school and the suspension of pupils who
  bring a firearm to or possess a firearm at a school,  in  relation  to
  the  effectiveness  thereof;  to amend chapter 101 of the laws of 2003
  amending the education law relating to implementation of the No  Child
  Left  Behind  Act  of 2001, in relation to extending the expiration of
  certain provisions of  such  chapters;  allocates  school  bus  driver

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

                      [ ] is old law to be omitted.
                                                           LBD12572-01-5

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  training  grants  to school districts and boards of cooperative educa-
  tion services; allows for eligible school districts to receive special
  apportionments  for  salary  expenses;  allows  for  eligible   school
  districts   to  receive  special  apportionments  for  public  pension
  accruals; allows  any  moneys  appropriated  to  the  state  education
  department  to  be suballocated to other state departments or agencies
  and/or shall be made available for specific payment of aid; allows the
  city school district of the city of Rochester to purchase services  as
  a  non-component school district; specifies amounts of state funds set
  aside for each school district for the  purpose  of  the  development,
  maintenance  or expansion of magnet schools or magnet school programs;
  prohibits moneys appropriated for the support of public  libraries  to
  be used for library construction (Part A); to amend the education law,
  in  relation  to  streamlining  higher education program approvals for
  SUNY and CUNY (Part B); to amend the education  law,  in  relation  to
  creating  the New York state get on your feet loan forgiveness program
  (Part C); to amend the  education  law,  in  relation  to  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 relating thereto (Part D); to amend the education  law
  and  the  tax  law,  in relation to enacting the "education tax credit
  act" (Part E); to amend the banking law, in  relation  to  creating  a
  standard  financial  aid award letter (Part F); 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  G);  to amend the education law, in relation to the implementa-
  tion by all colleges and universities in the  state  of  New  York  of
  sexual  assault,  dating  violence,  domestic  violence,  and stalking
  prevention and response policies and procedures (Part H); to amend the
  social services law, in relation to increasing the standards of month-
  ly need for aged, blind and disabled persons living in  the  community
  (Part  I);  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 supervision;
  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 juvenile offen-
  der  without  a warrant; in relation to conditional sealing of certain
  convictions for offenses committee 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 indict-

S. 2006                             3                            A. 3006

  ments; in relation to appearances and hearings for and  placements  of
  certain  juvenile  offenders; in relation to raising the age for juve-
  nile 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 confine-
  ment of persons under the age of eighteen; to amend the education law,
  in relation to certain contracts with the office of children and fami-
  ly 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;
  to amend part K of chapter 57 of the laws of 2012, amending the educa-
  tion law, relating to authorizing the board of cooperative educational
  services to enter into contracts with the commissioner of children and
  family services to provide certain services,  in  relation  to  making
  such  provisions  permanent;  to repeal certain sections of the family
  court act relating to custody and detention of juvenile  and  youthful
  offenders;  to  repeal  section  180.75  of the criminal procedure law
  relating to proceedings upon a felony  complaint  against  a  juvenile
  offender;  and  to  repeal  certain  provisions  of the correction law
  relating to the housing of prisoners  and  other  persons  in  custody
  (Part  J);  to  amend  the  social  services law, in relation to state
  reimbursement and subsidies for the adoption of children (Part K);  to
  amend the social services law, the family court act, the public health
  law  and  the  executive  law,  in relation to implementing provisions
  required by the federal preventing sex trafficking  and  strengthening
  families  act  (Part L); to utilize reserves in the mortgage insurance
  fund for various housing purposes (Part M); to amend the labor law, in
  relation to the minimum wage (Part N); to  amend  the  labor  law,  in
  relation to authorized absences by healthcare professionals who volun-
  teer  to fight the Ebola virus disease overseas; and providing for the
  repeal of such provisions upon expiration thereof (Part O);  to  amend
  the  labor  law,  the workers' compensation law and chapter 784 of the
  laws of 1951, constituting the New York state defense  emergency  act,
  in  relation  to eliminating certain fees charged by the department of
  labor; and to repeal certain provisions of the labor law and the work-
  ers' compensation law relating thereto (Part  P);  and  to  amend  the
  education  law,  in  relation  to requiring experiential learning as a
  requirement for graduation (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 2015-2016
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

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  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
2014, is amended to read as follows:
  e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
district that submitted a contract for excellence for the  two  thousand
eight--two  thousand nine school year shall submit a contract for excel-
lence for the  two  thousand  nine--two  thousand  ten  school  year  in
conformity  with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the  district  are
identified  as  in  good  standing  and  provided further that, a school
district that submitted a contract for excellence for the  two  thousand
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
EXPENDITURE OF AN AMOUNT  WHICH  SHALL  BE  NOT  LESS  THAN  THE  AMOUNT
APPROVED  BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO

S. 2006                             5                            A. 3006

THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL  YEAR.  For  purposes  of
this  paragraph,  the  "gap  elimination adjustment percentage" shall be
calculated as the sum of one minus the quotient of the sum of the school
district's  net  gap  elimination  adjustment  for two thousand ten--two
thousand eleven computed pursuant to chapter fifty-three of the laws  of
two  thousand  ten, making appropriations for the support of government,
plus the school district's gap elimination adjustment for  two  thousand
eleven--two  thousand twelve as computed pursuant to chapter fifty-three
of the laws of  two  thousand  eleven,  making  appropriations  for  the
support  of  the  local assistance budget, including support for general
support for public schools, divided by  the  total  aid  for  adjustment
computed  pursuant  to  chapter  fifty-three of the laws of two thousand
eleven, making appropriations for the local 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  activ-
ities in the current year.
  S  2.  The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 8 of part A of chapter  57  of  the
laws of 2013, is amended to read as follows:
  For the two thousand eight--two thousand nine school year, each school
district  shall  be entitled to an apportionment equal to the product of
fifteen percent and the additional apportionment  computed  pursuant  to
this  subdivision  for the two thousand seven--two thousand eight school
year. For the two thousand nine--two thousand ten through  two  thousand
[fourteen]  FIFTEEN--two  thousand  [fifteen] SIXTEEN school years, each
school district shall be entitled  to  an  apportionment  equal  to  the
amount  set  forth  for such school district as "SUPPLEMENTAL PUB EXCESS
COST" under the heading "2008-09 BASE  YEAR  AIDS"  in  the  school  aid
computer  listing  produced by the commissioner in support of the budget
for the two thousand nine--two thousand ten  school  year  and  entitled
"SA0910".
  S  3.  Subdivision 12 of section 3602 of the education law, as amended
by section 10 of part A of chapter 57 of the laws of 2013, is amended to
read as follows:
  12. Academic enhancement aid. A school district that as of April first
of the base year has been continuously identified as a district in  need
of  improvement  for  at  least  five  years shall, for the two thousand
eight--two thousand nine school  year,  be  entitled  to  an  additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of  fifteen  million  dollars or the product of the total foundation aid
base, as defined by paragraph j of  subdivision  one  of  this  section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the  sum of the total foundation aid apportioned pursuant to subdivision
four of this section and the supplemental educational improvement grants
apportioned pursuant to subdivision eight of section thirty-six  hundred
forty-one of this article, less (ii) the total foundation aid base.
  For the two thousand nine--two thousand ten through two thousand four-
teen--two  thousand  fifteen school years, each school district shall be
entitled to an apportionment equal to the  amount  set  forth  for  such
school  district  as  "EDUCATION  GRANTS, ACADEMIC EN" under the heading
"2008-09 BASE YEAR AIDS" in the school aid computer listing produced  by
the commissioner in support of the budget for the two thousand nine--two
thousand  ten  school year and entitled "SA0910", and such apportionment
shall be deemed to satisfy the state obligation to provide an apportion-

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ment pursuant to subdivision eight of section thirty-six hundred  forty-
one of this article.
  FOR  THE  TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN 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 HEAD-
ING "2014-15 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED
BY  THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE TWO THOUSAND FOUR-
TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND ENTITLED "SA141-5", 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 11 of part A of chapter 57 of the
laws of 2013, is amended to read as follows:
  Each school district shall be eligible  to  receive  a  high  tax  aid
apportionment  in the two thousand eight--two thousand nine school year,
which shall equal the greater of (i) the sum of the tier 1 high tax  aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax  aid apportionment or (ii) the product of the apportionment received
by the school district pursuant to this subdivision in the two  thousand
seven--two  thousand  eight  school  year, multiplied by the due-minimum
factor, which shall equal, for districts with an alternate pupil  wealth
ratio  computed  pursuant  to  paragraph  b of subdivision three of this
section that is less than two, seventy percent (0.70), and for all other
districts, fifty percent (0.50). Each school district shall be  eligible
to  receive  a  high tax aid apportionment in the two thousand nine--two
thousand ten through two thousand twelve--two thousand  thirteen  school
years in the amount set forth for such school district as "HIGH TAX AID"
under  the  heading  "2008-09 BASE YEAR AIDS" in the school aid computer
listing produced by the commissioner in support of the  budget  for  the
two  thousand  nine--two thousand ten school year and entitled "SA0910".
Each school district shall be eligible to receive a high tax aid  appor-
tionment  in  the  two  thousand thirteen--two thousand fourteen [school
year and the two thousand fourteen--two thousand  fifteen]  THROUGH  TWO
THOUSAND  FIFTEEN--TWO THOUSAND SIXTEEN school [year] YEARS equal to the
greater of (1) the amount set forth for such school  district  as  "HIGH
TAX  AID"  under  the heading "2008-09 BASE YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of  the  budget
for  the  two  thousand  nine--two thousand ten school year and 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  execu-
tive budget for the 2013-14 fiscal year and entitled "BT131-4".
  S  5. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 21 of part A of chapter 56  of  the
laws of 2014, is amended to read as follows:
  Notwithstanding  any provision of law to the contrary, for aid payable
in the two thousand eight--two thousand nine school year, the  grant  to
each eligible school district for universal prekindergarten aid shall be
computed  pursuant  to this subdivision, and for the two thousand nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each school district shall be eligible for a maximum grant equal to  the
amount  computed for such school district for the base year in the elec-
tronic data file produced by the commissioner  in  support  of  the  two
thousand  nine--two  thousand ten education, labor and family assistance
budget, provided, however, that in the case of a  district  implementing

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programs  for  the  first time or implementing expansion programs in the
two thousand eight--two thousand nine school year  where  such  programs
operate  for a minimum of ninety days in any one school year as provided
in  section  151-1.4 of the regulations of the commissioner, for the two
thousand nine--two thousand ten and two thousand ten--two thousand elev-
en school years, such school district shall be eligible  for  a  maximum
grant  equal  to the amount computed pursuant to paragraph a of subdivi-
sion nine of this section in the two thousand eight--two  thousand  nine
school year, and for the two thousand eleven--two thousand twelve school
year each school district shall be eligible for a maximum grant equal to
the  amount  set forth for such school district as "UNIVERSAL PREKINDER-
GARTEN" under the heading "2011-12 ESTIMATED AIDS"  in  the  school  aid
computer  listing produced by the commissioner in support of the enacted
budget for the 2011-12 school year and entitled "SA111-2", and  for  two
thousand  twelve--two  thousand  thirteen[,  two  thousand thirteen--two
thousand fourteen  and  two  thousand  fourteen--two  thousand  fifteen]
THROUGH  TWO  THOUSAND  FIFTEEN--TWO  THOUSAND SIXTEEN school years each
school district shall be eligible for  a  maximum  grant  equal  to  the
greater  of  (i)  the  amount  set  forth  for  such  school district as
"UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
in  the  school  aid  computer  listing  produced by the commissioner in
support of the enacted budget for the 2011-12 school year  and  entitled
"SA111-2",  or  (ii)  the  amount  set forth for such school district as
"UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
in  the  school aid computer listing produced by the commissioner on May
fifteenth, two thousand eleven pursuant to paragraph  b  of  subdivision
twenty-one  of  section three hundred five of this chapter, and provided
further that the maximum grant shall not exceed the total  actual  grant
expenditures  incurred by the school district in the current school year
as approved by the commissioner.
  S 6. The opening paragraph of section 3609-a of the education law,  as
amended  by  section  4  of part A of chapter 56 of the laws of 2014, is
amended to read as follows:
  For aid payable in the two thousand seven--two thousand  eight  school
year  through  the  [two  thousand  thirteen--two thousand fourteen] TWO
THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school year, "moneys apportioned"
shall mean the lesser of (i) the sum  of  one  hundred  percent  of  the
respective amount set forth for each school district as payable pursuant
to  this section in the school aid computer listing for the current year
produced by the commissioner in support of the budget which includes the
appropriation for  the  general  support  for  public  schools  for  the
prescribed payments and individualized payments due prior to April first
for  the  current year plus the apportionment payable during the current
school year pursuant to subdivision six-a  and  subdivision  fifteen  of
section  thirty-six  hundred  two  of  this part minus any reductions to
current year aids pursuant to subdivision seven  of  section  thirty-six
hundred  four  of  this part or any deduction from apportionment payable
pursuant to this chapter for  collection  of  a  school  district  basic
contribution  as  defined  in  subdivision  eight  of section forty-four
hundred one of this  chapter,  less  any  grants  provided  pursuant  to
subparagraph  two-a  of paragraph b of subdivision four of section nine-
ty-two-c of the state finance law, LESS ANY GRANTS PROVIDED PURSUANT  TO
SUBDIVISION  SIX  OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW,
less any grants provided pursuant to subdivision twelve of section thir-
ty-six hundred forty-one of this  article,  or  (ii)  the  apportionment
calculated  by  the  commissioner  based on data on file at the time the

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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".
  S 7. The education law is amended by adding a new  section  3609-h  to
read as follows:
  S 3609-H. MONEYS APPORTIONED TO SCHOOL DISTRICTS FOR COMMERCIAL GAMING
GRANTS  PURSUANT  TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE
STATE FINANCE LAW, WHEN AND HOW PAYABLE COMMENCING JULY FIRST, TWO THOU-
SAND FOURTEEN. NOTWITHSTANDING  THE  PROVISIONS  OF  SECTION  THIRTY-SIX
HUNDRED NINE-A OF THIS PART, APPORTIONMENTS PAYABLE PURSUANT TO SUBDIVI-
SION  SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW SHALL BE
PAID PURSUANT TO THIS  SECTION.  THE  DEFINITIONS  OF  "BASE  YEAR"  AND
"CURRENT  YEAR"  AS  SET  FORTH IN SUBDIVISION ONE OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS PART SHALL APPLY TO THIS SECTION.
  1.  THE MONEYS APPORTIONED BY THE  COMMISSIONER  TO  SCHOOL  DISTRICTS
PURSUANT  TO  SUBDIVISION  SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE
FINANCE LAW FOR THE TWO THOUSAND FOURTEEN-TWO  THOUSAND  FIFTEEN  SCHOOL
YEAR  AND  THEREAFTER  SHALL  BE  PAID  AS A COMMERCIAL GAMING GRANT, AS
COMPUTED PURSUANT TO SUCH SUBDIVISION, AS FOLLOWS:
  A. FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND  FIFTEEN  SCHOOL  YEAR,
ONE  HUNDRED PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME DATE AS THE
PAYMENT COMPUTED PURSUANT TO CLAUSE (V) OF SUBPARAGRAPH THREE  OF  PARA-
GRAPH  B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS
ARTICLE.
  B. FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR  AND
THEREAFTER, SEVENTY PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME DATE
AS THE PAYMENT COMPUTED PURSUANT TO CLAUSE (II) OF SUBPARAGRAPH THREE OF
PARAGRAPH  B  OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF
THIS ARTICLE, AND THIRTY PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME
DATE AS THE PAYMENT COMPUTED PURSUANT  TO  CLAUSE  (V)  OF  SUBPARAGRAPH
THREE  OF  PARAGRAPH  B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
NINE-A OF THIS ARTICLE.
  2. ANY PAYMENT TO A SCHOOL DISTRICT PURSUANT TO THIS SECTION SHALL  BE
GENERAL  RECEIPTS OF THE DISTRICT AND MAY BE USED FOR ANY LAWFUL PURPOSE
OF THE DISTRICT.
  S 8. Paragraph b of subdivision 2 of section  3612  of  the  education
law,  as  amended  by  section  5 of part A of chapter 56 of the laws of
2014, is amended to read as follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any  shortage  of  teachers  in  the
school  district, the number of teachers employed in the school district
who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity  and
geographic  sparsity  of  the  district,  the number of new teachers the

S. 2006                             9                            A. 3006

school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district, if applicable. Grants provided pursuant to this section  shall
be used only for the purposes enumerated in this section.  Notwithstand-
ing  any  other provision of law to the contrary, a city school district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of such grant funds for any  recruitment,  retention  and  certification
costs  associated  with transitional certification of teacher candidates
for the school years two thousand one--two  thousand  two  through  [two
thousand fourteen--two thousand fifteen] TWO THOUSAND FIFTEEN--TWO THOU-
SAND SIXTEEN.
  S 9. Subdivision 6 of section 4402 of the education law, as amended by
section  9  of  part  A of chapter 56 of the laws of 2014, is amended to
read as follows:
  6. Notwithstanding any other law, rule or regulation to the  contrary,
the  board  of  education of a city school district with a population of
one hundred twenty-five thousand or more inhabitants shall be  permitted
to  establish  maximum  class  sizes  for  special  classes  for certain
students with disabilities in accordance with  the  provisions  of  this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact  from under-utilization of special education resources due to low
student attendance in  special  education  classes  at  the  middle  and
secondary level as determined by the commissioner, such boards of educa-
tion  shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [fifteen] SIXTEEN of the two
thousand [fourteen] FIFTEEN--two thousand [fifteen] SIXTEEN school year,
be authorized to increase class  sizes  in  special  classes  containing
students  with  disabilities whose age ranges are equivalent to those of
students in middle and secondary schools as defined by the  commissioner
for  purposes  of  this  section  by up to but not to exceed one and two
tenths times the applicable maximum class size specified in  regulations
of  the  commissioner  rounded  up to the nearest whole number, provided
that in a city school district having a population  of  one  million  or
more, classes that have a maximum class size of fifteen may be increased
by  no  more  than  one  student and provided that the projected average
class size shall not exceed the  maximum  specified  in  the  applicable
regulation,  provided  that  such  authorization shall terminate on June
thirtieth, two thousand. Such authorization shall be granted upon filing
of a notice by such a board of education with the  commissioner  stating
the  board's  intention to increase such class sizes and a certification
that the board will conduct  a  study  of  attendance  problems  at  the
secondary  level and will implement a corrective action plan to increase
the rate of attendance of students in such classes to at least the  rate
for students attending regular education classes in secondary schools of
the  district.  Such  corrective  action  plan  shall  be  submitted for
approval by the commissioner by a date during the school year  in  which
such  board  increases class sizes as provided pursuant to this subdivi-
sion to be prescribed by the commissioner. Upon  at  least  thirty  days
notice to the board of education, after conclusion of the school year in
which  such  board  increases  class  sizes as provided pursuant to this
subdivision, the commissioner shall  be  authorized  to  terminate  such
authorization  upon  a  finding  that the board has failed to develop or
implement an approved corrective action plan.
  S 10. The education law is amended by adding a new section  4403-a  to
read as follows:

S. 2006                            10                            A. 3006

  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  A  PARENTAL  RELATIONSHIP  TO  THE  STUDENTS  THAT WOULD BE
IMPACTED BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN  A  FORM  AND
MANNER  THAT  WOULD  ENSURE  THAT  SUCH PARENTS OR PERSONS IN A PARENTAL
RELATIONSHIP WOULD 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  WAIV-
ER.  THE  LOCAL  SCHOOL  DISTRICT,  APPROVED PRIVATE SCHOOL, OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE AT LEAST SIXTY  DAYS  FOR
SUCH  PARENTS  OR  PERSONS  IN A 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 A 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 WOULD 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   DETERMINATION,  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 A
PARENTAL RELATION TO THE STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE
WAIVER IF GRANTED.
  4. ANY LOCAL SCHOOL DISTRICT, APPROVED  PRIVATE  SCHOOL  OR  BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
PROGRAM  NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR
WHICH A WAIVER IS GRANTED.
  S 11. Subparagraph (i) of paragraph a of  subdivision  10  of  section
4410  of the education law is amended by adding a new clause (C) to read
as follows:
  (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
THE  CONTRARY, FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL
YEAR AND THEREAFTER, TO BE PHASED-IN OVER NO MORE THAN FOUR YEARS START-
ING IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL  YEAR,  THE
COMMISSIONER,  SUBJECT  TO  THE  APPROVAL OF THE DIRECTOR OF THE BUDGET,
SHALL ESTABLISH REGIONAL TUITION RATES FOR SPECIAL  EDUCATION  ITINERANT
SERVICES  BASED ON AVERAGE ACTUAL COSTS IN ACCORDANCE WITH A METHODOLOGY
ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION  FORTY-FOUR  HUNDRED
FIVE OF THIS ARTICLE.

S. 2006                            11                            A. 3006

  S  12. Section 97-nnnn of the state finance law is amended by adding a
new subdivision 6 to read as follows:
  6.  A.  MONEYS  APPROPRIATED  FROM THE FUND FOR THE TWO THOUSAND FOUR-
TEEN--TWO  THOUSAND  FIFTEEN  AND  TWO  THOUSAND  FIFTEEN--TWO  THOUSAND
SIXTEEN  SCHOOL  YEARS,  FOR  THE  PURPOSES OF PROVIDING AID PURSUANT TO
PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION  SHALL  BE  APPORTIONED
AND  PAID BY THE EDUCATION DEPARTMENT ON OR AFTER APRIL FIRST, TWO THOU-
SAND FIFTEEN.
  B. EACH SCHOOL DISTRICT  ELIGIBLE  TO  RECEIVE  TOTAL  FOUNDATION  AID
PURSUANT  TO  SECTION  THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW SHALL
RECEIVE A COMMERCIAL GAMING GRANT IN AN AMOUNT EQUAL TO THE  PRODUCT  OF
THE AMOUNT OF THE APPROPRIATION OF SUCH COMMERCIAL GAMING GRANTS FOR THE
CURRENT STATE FISCAL YEAR MULTIPLIED BY THE DISTRICT'S COMMERCIAL GAMING
RATIO.  THE  "COMMERCIAL GAMING RATIO" SHALL BE EQUAL TO THE QUOTIENT OF
THE MONEYS APPORTIONED FOR SUCH DISTRICT PURSUANT TO SECTION  THIRTY-SIX
HUNDRED  NINE-A  OF  THE  EDUCATION  LAW  AS SET FORTH IN THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  ENACTED
STATE  BUDGET  FOR  THE  CURRENT SCHOOL YEAR, DIVIDED BY THE SUM OF SUCH
MONEYS APPORTIONED FOR ALL SCHOOL DISTRICTS AS SET FORTH IN SUCH  SCHOOL
AID  COMPUTER  LISTING  IN  SUPPORT  OF THE ENACTED STATE BUDGET FOR THE
CURRENT SCHOOL YEAR.
  MONEYS TO BE APPROPRIATED FROM THE FUND  IN  ANY  STATE  FISCAL  YEAR,
COMMENCING  ON  AND  AFTER  APRIL  FIRST,  TWO THOUSAND FIFTEEN, FOR THE
PURPOSES OF PROVIDING AID PURSUANT TO THIS SUBPARAGRAPH SHALL BE  APPOR-
TIONED  AND PAID BY THE EDUCATION DEPARTMENT PURSUANT TO SECTION THIRTY-
SIX HUNDRED NINE-H OF THE EDUCATION LAW.
  S 13. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
relating  to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by  section
12  of  part  A of chapter 56 of the laws of 2014, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of this section [for the 2011--2012 school year shall not exceed 62.9
percent of the lesser of such  approvable  costs  per  contact  hour  or
twelve  dollars  and  fifteen cents per contact hour, reimbursement] for
the 2012--2013 school year shall not exceed 63.3 percent of  the  lesser
of  such approvable costs per contact hour or twelve dollars and thirty-
five cents per contact hour, reimbursement  for  the  2013--2014  school
year  shall  not  exceed  62.3  percent of the lesser of such approvable
costs per contact hour  or  twelve  dollars  and  sixty-five  cents  per
contact  hour,  [and] reimbursement for the 2014--2015 school year shall
not exceed 61.6 percent of the  lesser  of  such  approvable  costs  per
contact   hour  or  [eight]  THIRTEEN  dollars  per  contact  hour,  AND
REIMBURSEMENT FOR THE 2015--2016  SCHOOL  YEAR  SHALL  NOT  EXCEED  60.7
PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR THIR-
TEEN  DOLLARS  AND  FORTY  CENTS  PER  CONTACT HOUR where a contact hour
represents sixty minutes of instruction services provided to an eligible
adult.  Notwithstanding any other provision of law to the contrary, [for
the 2011--2012 school year such  contact  hours  shall  not  exceed  one
million  seven  hundred  one  thousand  five hundred seventy (1,701,570)
hours; whereas] for the 2012--2013 school year such contact hours  shall
not  exceed  one  million  six  hundred sixty-four thousand five hundred
thirty-two (1,664,532) hours; whereas for  the  2013--2014  school  year
such  contact  hours shall not exceed one million six hundred forty-nine
thousand seven hundred forty-six  (1,649,746)  hours;  whereas  for  the
2014--2015  school  year such contact hours shall not exceed one million

S. 2006                            12                            A. 3006

[six hundred twenty-five  thousand  (1,625,000)]  SIX  HUNDRED  EIGHTEEN
THOUSAND  NINE  HUNDRED  TWENTY-NINE  (1,618,929) hours; WHEREAS FOR THE
2015--2016 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED  ONE  MILLION
FOUR  HUNDRED FOURTEEN THOUSAND FIVE HUNDRED FOURTEEN (1,414,514) HOURS.
Notwithstanding any other provision of law to the contrary,  the  appor-
tionment calculated for the city school district of the city of New York
pursuant to subdivision 11 of section 3602 of the education law shall be
computed  as if such contact hours provided by the consortium for worker
education, not to exceed the contact hours set forth herein, were eligi-
ble for aid in accordance with the provisions of such subdivision 11  of
section 3602 of the education law.
  S  14. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker  education  in New York city, is amended by adding a new subdivi-
sion t to read as follows:
  T. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
COMPLETION  OF  PAYMENTS FOR THE 2015--2016 SCHOOL YEAR. NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION  SHALL
WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
AND  SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($11,
500,000).
  S 15. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
ing  a  program for work force education conducted by the consortium for
worker education in New York city, as amended by section 14 of part A of
chapter 56 of the laws of 2014, is amended to read as follows:
  S 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
repealed on June 30, [2015] 2016.
  S 16. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating  to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by section 15 of part A of chapter 56 of the laws of 2014, is amended to
read as follows:
  1. Sections one through seventy of this act shall be  deemed  to  have
been  in  full  force  and effect as of April 1, 1994 provided, however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only  to  hearings  commenced  prior  to September 1, 1994, and provided
further that section twenty-six of this act shall expire and  be  deemed
repealed  on  March  31,  1997;  and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed  repealed  on  March
31,  1997; and provided further that sections three, fifteen, seventeen,
twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
deemed repealed on March 31, [2016] 2017.
  S  17. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and other laws relating to state aid
to school districts and the appropriation of funds for  the  support  of
government, as amended by section 16 of part A of chapter 56 of the laws
of 2014, are amended to read as follows:
  (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act  shall
take effect on July 1, 1995; provided, however, that section one hundred

S. 2006                            13                            A. 3006

thirteen of this act shall remain in full force and effect until July 1,
[2015] 2016 at which time it shall be deemed repealed;
  (24)  sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on  and  after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred twenty-four of this act shall be deemed to be
repealed on and after July 1, [2015] 2016;
  S  18.  Section  7  of  chapter  472 of the laws of 1998, amending the
education law relating to the lease of school buses by school districts,
as amended by section 26 of part A of chapter 57 of the laws of 2013, is
amended to read as follows:
  S 7. This act shall take effect September 1, 1998,  and  shall  expire
and be deemed repealed September 1, [2015] 2017.
  S  19.  Section  12  of  chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment  of  school  district,
charter school or BOCES employees, as amended by section 18 of part A of
chapter 56 of the laws of 2014, is amended to read as follows:
  S  12.  This  act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2015] 2016 when
upon such date the provisions of this act shall be deemed repealed.
  S 20. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
education  law  relating  to  the  provision of supplemental educational
services, attendance at a safe  public  school  and  the  suspension  of
pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
amended by section 19 of part A of chapter 56 of the laws  of  2014,  is
amended to read as follows:
  S  4.  This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2015] 2016.
  S 21. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 20 of part A of chapter 56 of the laws of
2014, is amended to read as follows:
  S  5.  This  act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be  deemed  repealed  on
June 30, [2015] 2016.
  S 22. School bus driver training. In addition to apportionments other-
wise  provided  by section 3602 of the education law, for aid payable in
the 2015-2016 school year, the commissioner of education shall  allocate
school  bus  driver  training  grants  to school districts and boards of
cooperative educational services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit educational organizations for the purposes  of  this  section.  Such
payments  shall  not exceed four hundred thousand dollars ($400,000) per
school year.
  S 23. Special apportionment for salary  expenses.  a.  Notwithstanding
any  other  provision  of  law,  upon application to the commissioner of
education, not sooner than the first day of  the  second  full  business
week  of  June  2016  and  not later than the last day of the third full
business week of June 2016, a school district eligible for an apportion-
ment pursuant to section 3602 of the education law shall be eligible  to
receive  an  apportionment pursuant to this section, for the school year
ending June 30, 2016, for salary expenses incurred between April  1  and
June 30, 2015 and such apportionment shall not exceed the sum of (i) the
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)

S. 2006                            14                            A. 3006

186 percent of such amount for a city school district in a city  with  a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such  amount  for  a city school district in a city with a population of
more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census, plus  (iv)  the  net  gap  elimination
adjustment  for  2010--2011, as determined by the commissioner of educa-
tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
nation adjustment for 2011--2012 as determined by  the  commissioner  of
education  pursuant  to  subdivision 17 of section 3602 of the education
law, and provided further that such apportionment shall not exceed  such
salary  expenses.  Such  application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
graph, and any remainder to be deducted from the individualized payments
due  the  district  pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
  S 24. Special apportionment for public pension accruals.  a.  Notwith-
standing any other provision of law, upon application to the commission-
er  of education, not later than June 30, 2016, a school district eligi-
ble for an apportionment pursuant to section 3602 of the  education  law
shall  be eligible to receive an apportionment pursuant to this section,
for the school year ending June 30, 2016 and  such  apportionment  shall
not  exceed  the  additional  accruals  required  to  be  made by school
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

S. 2006                            15                            A. 3006

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

S. 2006                            16                            A. 3006

fund  local  assistance  account office of prekindergarten through grade
twelve education programs.
  S 26. Notwithstanding the provision of any law, rule, or regulation to
the  contrary,  the  city school district of the city of Rochester, upon
the consent of the board of  cooperative  educational  services  of  the
supervisory  district  serving  its  geographic region may purchase from
such board for the 2015--2016 school year,  as  a  non-component  school
district, services required by article 19 of the education law.
  S  27. The amounts specified in this section shall be a set aside from
the state funds which each such district is  receiving  from  the  total
foundation  aid:  for  the  purpose  of  the development, maintenance or
expansion of magnet schools or magnet school programs for the 2015--2016
school year. To the city school district of the city of New  York  there
shall  be  paid  forty-eight  million  one hundred seventy-five thousand
dollars ($48,175,000) including five hundred thousand dollars ($500,000)
for the Andrew Jackson High School; to the Buffalo city school district,
twenty-one million twenty-five thousand dollars  ($21,025,000);  to  the
Rochester  city  school district, fifteen million dollars ($15,000,000);
to  the  Syracuse  city  school  district,  thirteen   million   dollars
($13,000,000);  to  the Yonkers city school district, forty-nine million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district,  four  million  six  hundred   forty-five   thousand   dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred  seventy-five thousand dollars ($2,475,000); to the Mount Vernon
city school district, two  million  dollars  ($2,000,000);  to  the  New
Rochelle  city  school  district,  one million four hundred ten thousand
dollars ($1,410,000); to  the  Schenectady  city  school  district,  one
million eight hundred thousand dollars ($1,800,000); to the Port Chester
city  school  district,  one  million one hundred fifty thousand dollars
($1,150,000); to the White Plains city  school  district,  nine  hundred
thousand  dollars ($900,000); to the Niagara Falls city school district,
six hundred thousand dollars  ($600,000);  to  the  Albany  city  school
district,   three   million   five   hundred   fifty   thousand  dollars
($3,550,000); to the Utica city school  district,  two  million  dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand  dollars  ($566,000);  to  the Middletown city school district,
four hundred thousand dollars ($400,000); to  the  Freeport  union  free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh   central   school   district,   three  hundred  thousand  dollars
($300,000); to the Amsterdam city school district, eight  hundred  thou-
sand  dollars  ($800,000);  to  the  Peekskill city school district, two
hundred thousand dollars ($200,000);  and  to  the  Hudson  city  school
district,  four hundred thousand dollars ($400,000). Notwithstanding the
provisions of this section, a school district receiving a grant pursuant
to this section may use such grant funds for: (i) any  instructional  or
instructional  support  costs  associated with the operation of a magnet
school; or (ii) any instructional or instructional support costs associ-
ated with implementation of an  alternative  approach  to  reduction  of
racial  isolation  and/or  enhancement  of the instructional program and
raising of standards in  elementary  and  secondary  schools  of  school
districts  having  substantial  concentrations of minority students. The
commissioner of education shall not be  authorized  to  withhold  magnet
grant  funds  from  a school district that used such funds in accordance
with this paragraph, notwithstanding any inconsistency  with  a  request
for proposals issued by such commissioner. For the purpose of attendance
improvement  and  dropout prevention for the 2015--2016 school year, for

S. 2006                            17                            A. 3006

any city school district in a city having a population of more than  one
million,  the setaside for attendance improvement and dropout prevention
shall equal the amount set aside in the base year.  For  the  2015--2016
school  year,  it is further provided that any city school district in a
city having a population of more than  one  million  shall  allocate  at
least one-third of any increase from base year levels in funds set aside
pursuant  to  the  requirements  of  this subdivision to community-based
organizations. Any increase required pursuant  to  this  subdivision  to
community-based   organizations  must  be  in  addition  to  allocations
provided to community-based organizations in  the  base  year.  For  the
purpose  of  teacher support for the 2015--2016 school year: to the city
school district of the city of New York, sixty-two million seven hundred
seven  thousand  dollars  ($62,707,000);  to  the  Buffalo  city  school
district,   one   million   seven  hundred  forty-one  thousand  dollars
($1,741,000); to the Rochester city school district, one million  seven-
ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
district,  one  million  one  hundred   forty-seven   thousand   dollars
($1,147,000);  and  to  the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to  a  school
district  pursuant  to  this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational  and
academic  subjects in accordance with this section and shall be in addi-
tion to salaries heretofore or hereafter negotiated or  made  available;
provided,  however,  that all funds distributed pursuant to this section
for the current year shall be deemed to incorporate all  funds  distrib-
uted  pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are  repres-
ented  by  certified  or  recognized  employee organizations, all salary
increases funded pursuant to this section shall be determined  by  sepa-
rate  collective  negotiations  conducted pursuant to the provisions and
procedures of article 14 of the civil service law,  notwithstanding  the
existence  of  a  negotiated  agreement  between a school district and a
certified or recognized employee organization.
  S 28. Support of public libraries. The  moneys  appropriated  for  the
support  of  public  libraries by a chapter of the laws of 2015 enacting
the aid to localities budget shall  be  apportioned  for  the  2015-2016
state  fiscal  year  in  accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
provisions  of this chapter and the provisions of this section, provided
that library construction aid pursuant to section 273-a of the    educa-
tion law shall not be payable from the appropriations for the support of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total  system  or  program  aid  than it received for the year 2001-2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
  Notwithstanding any other provision of law to the contrary the  moneys
appropriated  for the support of public libraries for the year 2015-2016
by a chapter of the laws of 2015 enacting the education, labor and fami-
ly assistance budget shall fulfill the  state's  obligation  to  provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion  and  approved  by  the  director of the budget, the aid payable to
libraries and library systems pursuant to such appropriations  shall  be
reduced  proportionately  to assure that the total amount of aid payable
does not exceed the total appropriations for such purpose.

S. 2006                            18                            A. 3006

  S 29. Severability. The provisions of this act shall be severable, and
if the application of  any  clause,  sentence,  paragraph,  subdivision,
section  or  part  of  this  act  to any person or circumstance shall be
adjudged by any court of competent  jurisdiction  to  be  invalid,  such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of  this  act  or  remainder  thereof,  as the case may be, to any other
person or circumstance, but shall be confined in its  operation  to  the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.
  S  30.  This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2015, provided,
however, that:
  1. Sections one, eight, nine, thirteen, fourteen, twenty-two,  twenty-
six and twenty-seven of this act shall take effect July 1, 2015.
  2.  Sections  seven  and twelve of this act shall take effect April 1,
2014.
  3. Section six of this act shall take effect July 1, 2014.
  4.  Section eleven of this act shall take effect  April  1,  2015  and
shall  first  apply  to reimbursement for services and programs provided
pursuant to section 4410 of the education  law  in  the  2015-16  school
year.
  5.  The  amendments  to  chapter  756 of the laws of 1992, relating to
funding a program for work force education conducted by a consortium for
worker education in New York City, made by sections thirteen  and  four-
teen  of  this act shall not affect the repeal of such chapter and shall
be deemed repealed therewith.
  6. Section seventeen of this act shall  take  effect  immediately  and
shall  be  deemed to have been in full force and effect on and after the
effective date of section 140 of chapter 82 of the laws of 1995.

                                 PART B

  Section 1. Section 355 of the education law is amended by adding a new
subdivision 20 to read as follows:
  20. NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY,  ANY
NEW  CURRICULUM  OR  PROGRAM  OF STUDY OFFERED BY A FOUR YEAR COLLEGE OR
COMMUNITY COLLEGE THAT DOES NOT REQUIRE BOARD OF REGENTS APPROVAL  OF  A
MASTER  PLAN  AMENDMENT  AND  THAT  IS APPROVED BY THE BOARD OF TRUSTEES
SHALL BE DEEMED REGISTERED WITH THE DEPARTMENT. THE  BOARD  OF  TRUSTEES
SHALL  NOTIFY  THE  DEPARTMENT WITHIN THIRTY DAYS OF ANY SUCH APPROVALS.
NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO  LIMIT  THE  DEPARTMENT'S
EXISTING  AUTHORITY  TO  ACT  ON  COMPLAINTS CONCERNING THE INSTITUTION,
INCLUDING THE AUTHORITY TO DE-REGISTER THE PROGRAM.
  S 2. Section 6206 of the education law is  amended  by  adding  a  new
subdivision 18 to read as follows:
  18.  NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY, ANY
NEW CURRICULUM OR PROGRAM OF STUDY OFFERED BY A  FOUR  YEAR  COLLEGE  OR
COMMUNITY  COLLEGE  THAT DOES NOT REQUIRE BOARD OF REGENTS APPROVAL OF A
MASTER PLAN AMENDMENT AND THAT IS APPROVED  BY  THE  BOARD  OF  TRUSTEES
SHALL  BE  DEEMED  REGISTERED WITH THE DEPARTMENT. THE BOARD OF TRUSTEES
SHALL NOTIFY THE DEPARTMENT WITHIN THIRTY DAYS OF  ANY  SUCH  APPROVALS.
NOTHING  IN  THIS  SUBDIVISION SHALL BE DEEMED TO LIMIT THE DEPARTMENT'S
EXISTING AUTHORITY TO ACT  ON  COMPLAINTS  CONCERNING  THE  INSTITUTION,
INCLUDING THE AUTHORITY TO DE-REGISTER THE PROGRAM.

S. 2006                            19                            A. 3006

  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.

                                 PART C

  Section  1. The education law is amended by adding a new section 679-g
to read as follows:
  S 679-G. NEW YORK STATE GET ON YOUR FEET LOAN FORGIVENESS PROGRAM.  1.
PURPOSE.  THE  PRESIDENT SHALL GRANT STUDENT LOAN FORGIVENESS AWARDS FOR
THE PURPOSE OF ALLEVIATING THE BURDEN OF FEDERAL STUDENT LOAN  DEBT  FOR
RECENT NEW YORK STATE COLLEGE GRADUATES.
  2.  ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SECTION,
AN APPLICANT SHALL: (A) HAVE GRADUATED FROM A HIGH SCHOOL LOCATED IN NEW
YORK STATE OR ATTENDED AN APPROVED NEW YORK STATE PROGRAM  FOR  A  STATE
HIGH SCHOOL EQUIVALENCY DIPLOMA AND RECEIVED SUCH HIGH SCHOOL EQUIVALEN-
CY DIPLOMA; (B) HAVE GRADUATED AND OBTAINED AN UNDERGRADUATE DEGREE FROM
A  COLLEGE OR UNIVERSITY WITH ITS HEADQUARTERS LOCATED IN NEW YORK STATE
IN OR AFTER THE TWO THOUSAND FOURTEEN--FIFTEEN ACADEMIC YEAR; (C)  APPLY
FOR  THIS  PROGRAM  WITHIN  TWO  YEARS  OF  COLLEGE GRADUATION; (D) BE A
PARTICIPANT IN A FEDERAL  INCOME-DRIVEN  REPAYMENT  PLAN  WHOSE  PAYMENT
AMOUNT IS GENERALLY TEN PERCENT OF DISCRETIONARY INCOME; (E) HAVE INCOME
OF  LESS  THAN  FIFTY  THOUSAND  DOLLARS;  (F) BE A RESIDENT OF NEW YORK
STATE; AND (G) WORK IN NEW YORK STATE, IF EMPLOYED. FOR PURPOSES OF THIS
PROGRAM, "INCOME" SHALL BE THE TOTAL ADJUSTED GROSS INCOME OF THE APPLI-
CANT, THE APPLICANT'S SPOUSE AND THE APPLICANT'S PARENTS AS REPORTED  ON
THE PRIOR YEAR'S FILED NEW YORK STATE INCOME TAX RETURN.
  3.  AWARDS.  AN APPLICANT WHOSE ANNUAL INCOME IS LESS THAN FIFTY THOU-
SAND DOLLARS SHALL BE ELIGIBLE TO RECEIVE AN AWARD EQUAL TO ONE  HUNDRED
PERCENT  OF  HIS  OR  HER  MONTHLY  FEDERAL INCOME-DRIVEN REPAYMENT PLAN
PAYMENTS FOR THE FIRST TWO YEARS OF REPAYMENT UNDER THE FEDERAL PROGRAM.
  4. RULES AND REGULATIONS. THE CORPORATION IS AUTHORIZED TO  PROMULGATE
RULES  AND  REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS NECES-
SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2015.

                                 PART D

  Section  1.  This act shall be known and may be cited as the "New York
state DREAM Act".
  S 2.  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.

S. 2006                            20                            A. 3006

  (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 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:

S. 2006                            21                            A. 3006

  (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
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

S. 2006                            22                            A. 3006

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 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 2 of part O of chapter 58 of the laws of
2006, 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.  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:

S. 2006                            23                            A. 3006

  (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
applied for attendance [at an institution or  educational  unit  of  the

S. 2006                            24                            A. 3006

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  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:

S. 2006                            25                            A. 3006

  (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:
  (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-

S. 2006                            26                            A. 3006

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 FIFTEEN
THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA-
TION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION  NUMBER  SHALL  BE
ALLOWED UPON THE EXPIRATION OF THE CONTRACT;

S. 2006                            27                            A. 3006

  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  FIFTEEN  THAT  AMENDED  THIS SUBPARAGRAPH DOES NOT ALLOW FOR A
TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION
NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
  S 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, notwithstanding the foregoing, this act shall not take
effect unless the legislature enacts, by no later than March 31, 2015, a
chapter of law identical to legislation submitted by the Governor pursu-
ant to Article VII of the New York Constitution as Part E of legislative
bill  numbers  S.  2006  and A. 3006 relating to an education tax credit
program that would make available $100 million in tax  credits  annually
to  provide  a tax credit incentive to encourage individual and business
donations to support public schools' educational improvement programs as
well as public and non-public school  scholarships  for  elementary  and
secondary  school students.   Provided, that the amendments to paragraph
(a) of subdivision 7 of section 6206  of  the  education  law,  made  by
section  eight-a  of this act, shall take effect upon the expiration and
repeal of the amendments to such paragraph made by section 4 of  chapter
260  of  the  laws  of 2011 pursuant to section 16 of chapter 260 of the
laws of 2011, as amended.  Provided further, however,  that  the  amend-
ments  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;  provided  that the president of the higher education
services corporation shall notify the legislative bill drafting  commis-
sion upon the occurrence of the issuance of regulations and the develop-
ment  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.

S. 2006                            28                            A. 3006

                                 PART E

  Section  1.  Short  title. This act shall be known and may be cited as
the "education tax credit act".
  S 2. The education law is amended by adding a new article 25  to  read
as follows:
                               ARTICLE 25
                      EDUCATION TAX CREDIT PROGRAM
SECTION 1209. SHORT TITLE.
        1210. DEFINITIONS.
        1211. APPROVAL TO ISSUE CERTIFICATES OF RECEIPT.
        1212. APPLICATIONS   FOR   APPROVAL  TO  ISSUE  CERTIFICATES  OF
                RECEIPT.
        1213. APPLICATION APPROVAL FOR CERTIFICATES OF RECEIPTS.
        1214. REVOCATION OF APPROVAL TO ISSUE CERTIFICATES OF RECEIPT.
        1215. REPORTING AND RECORDKEEPING.
        1216. JOINT ANNUAL REPORT.
        1217. COMMISSIONER; POWERS.
  S 1209. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE  CITED  AS
THE "EDUCATION TAX CREDIT PROGRAM".
  S  1210.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "AUTHORIZED CONTRIBUTION" MEANS THE  CONTRIBUTION  AMOUNT  THAT  IS
LISTED ON THE CONTRIBUTION AUTHORIZATION CERTIFICATE ISSUED TO A TAXPAY-
ER.
  2.  "CONTRIBUTION"  MEANS  A  DONATION PAID BY CASH, CHECK, ELECTRONIC
FUNDS TRANSFER, DEBIT CARD OR CREDIT CARD THAT IS  MADE  BY  A  TAXPAYER
DURING THE TAXABLE YEAR.
  3.  "EDUCATIONAL  PROGRAM"  MEANS  AN ACADEMIC OR SIMILAR PROGRAM OF A
PUBLIC SCHOOL THAT ENHANCES THE CURRICULUM OR ACADEMIC  PROGRAM  OF  THE
PUBLIC  SCHOOL,  OR  PROVIDES  A  PRE-KINDERGARTEN  PROGRAM  TO A PUBLIC
SCHOOL. FOR PURPOSES OF THIS  DEFINITION,  THE  INSTRUCTION,  MATERIALS,
PROGRAMS  AND  OTHER  ACTIVITIES  OFFERED  BY  OR THROUGH AN EDUCATIONAL
PROGRAM MAY INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING FEATURES: (A)
INSTRUCTION OR MATERIALS PROMOTING HEALTH, PHYSICAL EDUCATION, AND FAMI-
LY AND CONSUMER SCIENCES; LITERARY, PERFORMING AND  VISUAL  ARTS;  MATH-
EMATICS,  SOCIAL  STUDIES,  TECHNOLOGY  AND  SCIENTIFIC ACHIEVEMENT; (B)
INSTRUCTION OR PROGRAMMING  TO  MEET  THE  EDUCATION  NEEDS  OF  AT-RISK
STUDENTS  OR  STUDENTS  WITH  DISABILITIES,  INCLUDING TUTORING OR COUN-
SELING; OR (C) THE USE OF SPECIALIZED INSTRUCTIONAL MATERIALS,  INSTRUC-
TORS OR INSTRUCTION NOT PROVIDED BY A PUBLIC SCHOOL.
  4. "EDUCATIONAL SCHOLARSHIP ORGANIZATION" MEANS AN ENTITY THAT: (A) IS
EXEMPT  FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION (C) OF SECTION
FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE; (B) USES AT LEAST  NINETY
PERCENT OF THE QUALIFIED CONTRIBUTIONS RECEIVED DURING THE CALENDAR YEAR
AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS DURING SUCH YEAR FOR
SCHOLARSHIPS;  (C)  PROVIDES MORE THAN FIFTY PERCENT OF ITS SCHOLARSHIPS
DURING A CALENDAR YEAR TO ELIGIBLE PUPILS WHO RESIDE IN A HOUSEHOLD THAT
HAS AN INCOME NOT TO EXCEED ONE HUNDRED  FIFTY  PERCENT  OF  THE  INCOME
QUALIFICATION  REQUIRED  FOR  THE REDUCED PRICE SCHOOL LUNCHES UNDER THE
NATIONAL SCHOOL LUNCH ACT, PROVIDED  HOWEVER  FOR  THE  PURPOSES  OF  AN
EDUCATIONAL  SCHOLARSHIP  ORGANIZATION  FULFILLING  SUCH REQUIREMENT, AN
EDUCATIONAL SCHOLARSHIP ORGANIZATION MAY ENTER INTO  AN  AGREEMENT  WITH
ANOTHER EDUCATIONAL SCHOLARSHIP ORGANIZATION OR ORGANIZATIONS TO JOINTLY
REPORT  THEIR  SCHOLARSHIP  INFORMATION  TO  MEET  SUCH REQUIREMENT; (D)
DEPOSITS AND HOLDS QUALIFIED CONTRIBUTIONS AND ANY INCOME  DERIVED  FROM

S. 2006                            29                            A. 3006

QUALIFIED  CONTRIBUTIONS  IN AN ACCOUNT THAT IS SEPARATE FROM THE ORGAN-
IZATION'S OPERATING OR OTHER FUNDS UNTIL SUCH QUALIFIED CONTRIBUTIONS OR
INCOME ARE WITHDRAWN FOR USE;  (E)  PROVIDES  SCHOLARSHIPS  TO  ELIGIBLE
PUPILS  FOR  USE  AT  NOT FEWER THAN THREE QUALIFIED SCHOOLS; AND (F) IS
APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTICLE.
  5. "ELIGIBLE PUPIL" MEANS A CHILD WHO  IS:  (A)  A  RESIDENT  OF  THIS
STATE;  (B)  OF SCHOOL AGE IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION
THIRTY-TWO HUNDRED TWO OF THIS CHAPTER OR WHO IS FOUR YEARS OF AGE ON OR
BEFORE DECEMBER FIRST OF THE YEAR IN WHICH SUCH CHILD IS ENROLLED  IN  A
PRE-KINDERGARTEN  PROGRAM; (C) ATTENDS OR IS ABOUT TO ATTEND A QUALIFIED
SCHOOL; AND (D) RESIDES IN A HOUSEHOLD  WHICH  HAS  A  FEDERAL  ADJUSTED
GROSS  INCOME  OF  TWO  HUNDRED FIFTY THOUSAND DOLLARS OR LESS, PROVIDED
HOWEVER, FOR HOUSEHOLDS WITH THREE  OR  MORE  DEPENDENT  CHILDREN,  SUCH
INCOME  LEVEL  SHALL  BE INCREASED BY TEN THOUSAND DOLLARS PER DEPENDENT
CHILD, NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS.
  6. "LOCAL EDUCATION FUND" MEANS A NOT-FOR-PROFIT ENTITY WHICH: (A)  IS
EXEMPT  FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION (C) OF SECTION
FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE; (B)  IS  ESTABLISHED  FOR
THE  PURPOSE OF SUPPORTING AT LEAST ONE PUBLIC SCHOOL OR A PUBLIC SCHOOL
DISTRICT LOCATED IN THIS STATE; (C) USES AT LEAST NINETY PERCENT OF  THE
QUALIFIED CONTRIBUTIONS RECEIVED DURING THE CALENDAR YEAR AND ANY INCOME
DERIVED  FROM  QUALIFIED CONTRIBUTIONS DURING SUCH MONTHS TO SUPPORT THE
PUBLIC SCHOOL OR SCHOOLS OR PUBLIC SCHOOL  DISTRICT  OR  DISTRICTS  THAT
SUCH FUND HAS BEEN ESTABLISHED TO SUPPORT; (D) DEPOSITS AND HOLDS QUALI-
FIED  CONTRIBUTIONS  AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS
IN AN ACCOUNT THAT IS SEPARATE FROM THE FUND'S OPERATING OR OTHER  FUNDS
UNTIL  SUCH QUALIFIED CONTRIBUTIONS OR INCOME ARE WITHDRAWN FOR USE; AND
(E) IS APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS  ARTI-
CLE.
  7.  "NON-PUBLIC  SCHOOL"  MEANS  ANY  NOT-FOR-PROFIT  PRE-KINDERGARTEN
PROGRAM OR ELEMENTARY OR  SECONDARY  SECTARIAN  OR  NONSECTARIAN  SCHOOL
LOCATED  IN  THIS  STATE,  OTHER  THAN  A  PUBLIC  SCHOOL, THAT PROVIDES
INSTRUCTION AT ONE OR MORE LOCATIONS TO AN ELIGIBLE PUPIL IN  ACCORDANCE
WITH SUBDIVISION TWO OF SECTION THIRTY-TWO HUNDRED FOUR OF THIS CHAPTER.
  8.  "PUBLIC  EDUCATION  ENTITY"  MEANS  A  PUBLIC SCHOOL DISTRICT OR A
PUBLIC SCHOOL IN THIS STATE, PROVIDED THAT SUCH PUBLIC  SCHOOL  DISTRICT
OR PUBLIC SCHOOL: (A) DEPOSITS AND HOLDS QUALIFIED CONTRIBUTIONS AND ANY
INCOME  DERIVED  FROM SUCH QUALIFIED CONTRIBUTIONS IN AN ACCOUNT THAT IS
SEPARATE FROM THE PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT'S OPERATING OR
OTHER FUNDS UNTIL SUCH QUALIFIED CONTRIBUTIONS OR INCOME  ARE  WITHDRAWN
FOR  USE;  AND  (B)  IS APPROVED TO RECEIVE AUTHORIZED CONTRIBUTIONS AND
ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTICLE.
  9. "PUBLIC SCHOOL" MEANS ANY FREE ELEMENTARY OR  SECONDARY  SCHOOL  IN
THIS STATE PURSUANT TO ARTICLE ELEVEN OF THE CONSTITUTION, BUT SHALL NOT
INCLUDE  A  CHARTER SCHOOL AUTHORIZED BY ARTICLE FIFTY-SIX OF THIS CHAP-
TER.
  10. "QUALIFIED CONTRIBUTION" MEANS THE AUTHORIZED CONTRIBUTION MADE BY
A TAXPAYER TO A PUBLIC EDUCATION ENTITY,  SCHOOL  IMPROVEMENT  ORGANIZA-
TION,  LOCAL  EDUCATION  FUND,  OR  EDUCATIONAL SCHOLARSHIP ORGANIZATION
LISTED IN THE  CONTRIBUTION  AUTHORIZATION  CERTIFICATE  ISSUED  TO  THE
TAXPAYER  FOR  WHICH  THE TAXPAYER HAS RECEIVED A CERTIFICATE OF RECEIPT
FROM SUCH ENTITY, FUND OR ORGANIZATION. A CONTRIBUTION DOES NOT  QUALIFY
IF  THE  TAXPAYER DESIGNATES THE TAXPAYER'S CONTRIBUTION TO AN ENTITY OR
ORGANIZATION FOR THE DIRECT  BENEFIT  OF  ANY  PARTICULAR  OR  SPECIFIED
STUDENT.

S. 2006                            30                            A. 3006

  11.  "QUALIFIED  SCHOOL"  MEANS  A  PUBLIC SCHOOL OR NON-PUBLIC SCHOOL
LOCATED IN THIS STATE.
  12.  "SCHOLARSHIP"  MEANS  AN EDUCATIONAL SCHOLARSHIP OR TUITION GRANT
AWARDED TO AN ELIGIBLE PUPIL TO ATTEND A QUALIFIED SCHOOL IN  AN  AMOUNT
NOT  TO  EXCEED THE TUITION CHARGED TO ATTEND SUCH SCHOOL LESS ANY OTHER
EDUCATIONAL SCHOLARSHIP OR TUITION GRANT RECEIVED BY SUCH ELIGIBLE PUPIL
OR HIS OR HER PARENT, PARENTS, LEGAL GUARDIAN, OR  LEGAL  GUARDIANS  FOR
SUCH  ELIGIBLE  PUPIL'S  TUITION;  PROVIDED,  HOWEVER, IN THE CASE OF AN
ELIGIBLE PUPIL ATTENDING A PUBLIC SCHOOL OF A  DISTRICT  OF  WHICH  SUCH
PUPIL  IS  NOT  A RESIDENT, THE AMOUNT OF THE EDUCATIONAL SCHOLARSHIP OR
TUITION GRANT AWARDED MAY NOT EXCEED THE TUITION CHARGED BY  THE  PUBLIC
SCHOOL PURSUANT TO PARAGRAPH D OF SUBDIVISION FOUR OF SECTION THIRTY-TWO
HUNDRED  TWO  OF  THIS CHAPTER, BUT ONLY IF THE SCHOOL DISTRICT OF WHICH
SUCH PUPIL IS A RESIDENT IS NOT REQUIRED TO PAY FOR SUCH TUITION.
  13. "SCHOOL IMPROVEMENT ORGANIZATION" MEANS  A  NOT-FOR-PROFIT  ENTITY
WHICH:   (A) IS EXEMPT FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION
(C) OF SECTION FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE;  (B)  USES
AT  LEAST  NINETY PERCENT OF THE QUALIFIED CONTRIBUTIONS RECEIVED DURING
THE CALENDAR YEAR AND ANY INCOME DERIVED  FROM  QUALIFIED  CONTRIBUTIONS
DURING  SUCH  MONTHS TO ASSIST PUBLIC SCHOOLS OR PUBLIC SCHOOL DISTRICTS
LOCATED IN THIS STATE IN THEIR PROVISION OF EDUCATIONAL PROGRAMS, EITHER
BY MAKING CONTRIBUTIONS TO ONE OR MORE PUBLIC SCHOOLS OR  PUBLIC  SCHOOL
DISTRICTS LOCATED IN THIS STATE OR PROVIDING EDUCATIONAL PROGRAMS TO, OR
IN  CONJUNCTION  WITH,  ONE  OR  MORE  PUBLIC  SCHOOLS  OR PUBLIC SCHOOL
DISTRICTS LOCATED IN  THIS  STATE;  (C)  DEPOSITS  AND  HOLDS  QUALIFIED
CONTRIBUTIONS  AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS IN AN
ACCOUNT THAT IS SEPARATE FROM  THE  ORGANIZATION'S  OPERATING  OR  OTHER
FUNDS  UNTIL  SUCH  QUALIFIED  CONTRIBUTIONS OR INCOME ARE WITHDRAWN FOR
USE; AND (D) IS APPROVED TO ISSUE CERTIFICATES OF  RECEIPT  PURSUANT  TO
THIS  ARTICLE. SUCH TERM INCLUDES A PRE-KINDERGARTEN PROGRAM OR NOT-FOR-
PROFIT ENTITY THAT ALLOWS THE TAXPAYER TO CHOOSE TO DONATE TO A PROGRAM,
PROJECT OR INITIATIVE FOR USE IN A PUBLIC SCHOOL.
  S 1211. APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. 1.  PUBLIC  SCHOOLS
AND  PUBLIC  SCHOOL  DISTRICTS.  ALL  PUBLIC  SCHOOLS  AND PUBLIC SCHOOL
DISTRICTS SHALL BE APPROVED TO ISSUE CERTIFICATES OF RECEIPT FOR  QUALI-
FIED  CONTRIBUTIONS IN ACCORDANCE WITH SECTION FORTY-TWO OF THE TAX LAW,
PROVIDED, THAT SUCH PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT SHALL NOT BE
APPROVED IF EITHER: (A) SUCH PUBLIC SCHOOL  OR  PUBLIC  SCHOOL  DISTRICT
FAILS TO DEPOSIT AND HOLD QUALIFIED CONTRIBUTIONS AND ANY INCOME DERIVED
FROM  QUALIFIED  CONTRIBUTIONS  IN  AN ACCOUNT THAT IS SEPARATE FROM THE
SCHOOL OR SCHOOL DISTRICT'S OPERATING OR OTHER FUNDS UNTIL  SUCH  QUALI-
FIED  CONTRIBUTIONS  OR INCOME ARE WITHDRAWN FOR USE; OR (B) THE COMMIS-
SIONER HAS REVOKED SUCH APPROVAL FOR SUCH PUBLIC SCHOOL OR PUBLIC SCHOOL
DISTRICT PURSUANT TO SECTION TWELVE HUNDRED FOURTEEN OF THIS ARTICLE.
  2. SCHOOL IMPROVEMENT ORGANIZATIONS, EDUCATIONAL SCHOLARSHIP ORGANIZA-
TIONS AND LOCAL EDUCATION FUNDS.  NO  SCHOOL  IMPROVEMENT  ORGANIZATION,
EDUCATIONAL SCHOLARSHIP ORGANIZATION OR LOCAL EDUCATION FUND SHALL ISSUE
ANY  CERTIFICATES  OF  RECEIPT WITHOUT FILING AN APPLICATION PURSUANT TO
SECTION TWELVE HUNDRED TWELVE OF THIS  ARTICLE  AND  RECEIVING  APPROVAL
PURSUANT TO SECTION TWELVE HUNDRED THIRTEEN OF THIS ARTICLE.
  S  1212.  APPLICATIONS  FOR APPROVAL TO ISSUE CERTIFICATES OF RECEIPT.
EACH SCHOOL IMPROVEMENT ORGANIZATION, EDUCATIONAL SCHOLARSHIP  ORGANIZA-
TION AND LOCAL EDUCATION FUND SHALL SUBMIT AN APPLICATION TO THE COMMIS-
SIONER  FOR  APPROVAL  TO  ISSUE CERTIFICATES OF RECEIPT IN THE FORM AND
MANNER PRESCRIBED BY THE COMMISSIONER, PROVIDED  THAT  SUCH  APPLICATION
SHALL INCLUDE: (A) SUBMISSION OF DOCUMENTATION THAT SUCH SCHOOL IMPROVE-

S. 2006                            31                            A. 3006

MENT  ORGANIZATION,  LOCAL  EDUCATION  FUND  OR  EDUCATIONAL SCHOLARSHIP
ORGANIZATION HAS BEEN GRANTED EXEMPTION FROM  TAXATION  UNDER  PARAGRAPH
THREE  OF  SUBSECTION  (C)  OF  SECTION FIVE HUNDRED ONE OF THE INTERNAL
REVENUE  CODE;  (B)  A LIST OF NAMES AND ADDRESSES OF ALL MEMBERS OF THE
GOVERNING BOARD OF THE SCHOOL IMPROVEMENT ORGANIZATION, LOCAL  EDUCATION
FUND  OR  EDUCATIONAL  SCHOLARSHIP  ORGANIZATION; AND (C) AN EDUCATIONAL
SCHOLARSHIP ORGANIZATION SHALL PROVIDE  CRITERIA  FOR  THE  AWARDING  OF
SCHOLARSHIPS TO ELIGIBLE STUDENTS.
  S 1213. APPLICATION APPROVAL FOR CERTIFICATES OF RECEIPT. 1. IN GENER-
AL.    THE  COMMISSIONER  SHALL REVIEW EACH APPLICATION TO ISSUE CERTIF-
ICATES OF RECEIPT PURSUANT  TO  THIS  ARTICLE.  THE  COMMISSIONER  SHALL
PUBLISH  CRITERIA  USED  TO DETERMINE SELECTION AND ESTABLISH AN APPEALS
PROCESS FOR APPLICATIONS THAT ARE NOT APPROVED.
  2. NOTIFICATION. APPLICANTS SHALL BE NOTIFIED  OF  THE  COMMISSIONER'S
DETERMINATION WITHIN FIVE BUSINESS DAYS OF THE DETERMINATION.
  S  1214.  REVOCATION OF APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. THE
COMMISSIONER, IN CONSULTATION WITH  THE  COMMISSIONER  OF  TAXATION  AND
FINANCE,  MAY  REVOKE THE APPROVAL OF A SCHOOL IMPROVEMENT ORGANIZATION,
EDUCATIONAL  SCHOLARSHIP  ORGANIZATION,  LOCAL  EDUCATION  FUND,  PUBLIC
SCHOOL OR PUBLIC SCHOOL DISTRICT TO ISSUE CERTIFICATES OF RECEIPT UPON A
FINDING  THAT  SUCH  ORGANIZATION,  FUND,  SCHOOL OR SCHOOL DISTRICT HAS
VIOLATED THIS ARTICLE  OR  SECTION  FORTY-TWO  OF  THE  TAX  LAW.  THESE
VIOLATIONS  SHALL  INCLUDE, BUT NOT BE LIMITED TO, ANY OF THE FOLLOWING:
(A) FAILURE  TO  MEET  THE  REQUIREMENTS  OF  THIS  ARTICLE  OR  SECTION
FORTY-TWO  OF THE TAX LAW; (B) THE FAILURE TO MAINTAIN FULL AND ADEQUATE
RECORDS WITH RESPECT TO THE RECEIPT OF QUALIFIED CONTRIBUTIONS; (C)  THE
FAILURE  TO SUPPLY SUCH RECORDS TO THE COMMISSIONER, DEPARTMENT OF TAXA-
TION AND FINANCE, OR THE DEPARTMENT WHEN REQUESTED; OR (D)  THE  FAILURE
TO PROVIDE NOTICE TO THE DEPARTMENT OF TAXATION AND FINANCE OF THE ISSU-
ANCE  OR  NON-ISSUANCE  OF  CERTIFICATES  OF RECEIPT PURSUANT TO SECTION
FORTY-TWO OF THE TAX LAW; PROVIDED, HOWEVER, THAT THE COMMISSIONER SHALL
NOT REVOKE APPROVAL PURSUANT TO THIS SECTION BASED UPON A  VIOLATION  OF
TAX  LAW  UNLESS  THE  COMMISSIONER  OF TAXATION AND FINANCE AGREES THAT
REVOCATION IS WARRANTED; AND  PROVIDED  FURTHER  THAT  THE  COMMISSIONER
SHALL  NOT  REVOKE APPROVAL PURSUANT TO THIS SECTION WHEN THE FAILURE TO
COMPLY IS DUE TO CLERICAL ERROR AND NOT NEGLIGENCE OR INTENTIONAL DISRE-
GARD FOR THE LAW.   WITHIN  FIVE  DAYS  OF  THE  DETERMINATION  REVOKING
APPROVAL,  THE  COMMISSIONER  SHALL PROVIDE NOTICE OF SUCH REVOCATION TO
THE EDUCATIONAL SCHOLARSHIP ORGANIZATION, SCHOOL  IMPROVEMENT  ORGANIZA-
TION, LOCAL EDUCATION FUND, PUBLIC SCHOOL, OR PUBLIC SCHOOL DISTRICT AND
TO THE DEPARTMENT OF TAXATION AND FINANCE. THE COMMISSIONER SHALL ESTAB-
LISH AN APPEALS PROCESS FOR DETERMINATIONS REVOKING APPROVALS.
  S  1215.  REPORTING  AND RECORDKEEPING. 1. REPORTING. EACH EDUCATIONAL
SCHOLARSHIP ORGANIZATION, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL  EDUCA-
TION FUND, PUBLIC SCHOOL AND PUBLIC SCHOOL DISTRICT THAT RECEIVES QUALI-
FIED  CONTRIBUTIONS  SHALL REPORT TO THE COMMISSIONER AND THE DEPARTMENT
OF TAXATION AND FINANCE BY JANUARY THIRTY-FIRST OF EACH  CALENDAR  YEAR.
SUCH  REPORT  SHALL  BE IN THE FORM AND MANNER PRESCRIBED BY THE COMMIS-
SIONER IN CONSULTATION WITH THE COMMISSIONER OF TAXATION AND FINANCE.
  2. RECORDKEEPING. EACH EDUCATIONAL  SCHOLARSHIP  ORGANIZATION,  SCHOOL
IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, PUBLIC SCHOOL AND PUBLIC
SCHOOL  DISTRICT  THAT  ISSUED AT LEAST ONE CERTIFICATE OF RECEIPT SHALL
MAINTAIN RECORDS INCLUDING: (A) NOTIFICATIONS RECEIVED FROM THE  DEPART-
MENT  OF  TAXATION AND FINANCE; (B) NOTIFICATIONS MADE TO THE DEPARTMENT
OF TAXATION AND FINANCE; (C) COPIES OF QUALIFIED CONTRIBUTIONS RECEIVED;
(D) COPIES OF THE DEPOSIT OF SUCH QUALIFIED CONTRIBUTIONS; (E) COPIES OF

S. 2006                            32                            A. 3006

ISSUED CERTIFICATES OF RECEIPT; (F) ANNUAL FINANCIAL STATEMENTS; (G)  IN
THE  CASE  OF  SCHOOL IMPROVEMENT ORGANIZATIONS, EDUCATIONAL SCHOLARSHIP
ORGANIZATIONS AND  LOCAL  EDUCATION  FUNDS,  THE  APPLICATION  SUBMITTED
PURSUANT  TO  SECTION  TWELVE  HUNDRED  TWELVE  OF  THIS ARTICLE AND THE
APPROVAL ISSUED BY THE  COMMISSIONER;  AND  (H)  ANY  OTHER  INFORMATION
PRESCRIBED  BY THE COMMISSIONER. SUCH RECORDS SHALL BE MAINTAINED BY THE
ENTITY OR ORGANIZATION FOR FIVE YEARS.
  S 1216. JOINT ANNUAL REPORT. ON OR BEFORE THE LAST DAY OF MAY FOR EACH
CALENDAR YEAR, THE COMMISSIONER OF TAXATION AND FINANCE AND THE  COMMIS-
SIONER,  JOINTLY,  SHALL SUBMIT A WRITTEN REPORT AS PROVIDED IN SUBDIVI-
SION (K) OF SECTION FORTY-TWO OF THE TAX LAW.
  S 1217. COMMISSIONER; POWERS. THE COMMISSIONER SHALL PROMULGATE ON  AN
EMERGENCY  BASIS  REGULATIONS  NECESSARY  FOR THE IMPLEMENTATION OF THIS
SECTION. THE COMMISSIONER SHALL MAKE  ANY  APPLICATION  REQUIRED  TO  BE
FILED PURSUANT TO THIS ARTICLE AVAILABLE TO APPLICANTS WITHIN SIXTY DAYS
OF THE EFFECTIVE DATE OF THIS ARTICLE.
  S  3.  The  education law is amended by adding a new section 1503-a to
read as follows:
  S 1503-A. POWER TO ACCEPT AND SOLICIT GIFTS AND  DONATIONS.  1.    THE
TRUSTEES  OR  BOARDS  OF  EDUCATION OF ALL SCHOOL DISTRICTS ORGANIZED BY
SPECIAL LAWS OR PURSUANT TO THE PROVISIONS OF A GENERAL LAW  ARE  HEREBY
AUTHORIZED  AND  EMPOWERED TO ACCEPT GIFTS, DONATIONS, AND CONTRIBUTIONS
TO THE DISTRICT AND TO SOLICIT THE SAME.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY OTHER
GENERAL OR SPECIAL LAW TO THE  CONTRARY,  THE  RECEIPT  OF  SUCH  GIFTS,
DONATIONS AND CONTRIBUTIONS MADE PURSUANT TO ARTICLE TWENTY-FIVE OF THIS
CHAPTER,  AND ANY INCOME DERIVED THEREFROM, SHALL BE DISREGARDED FOR THE
PURPOSES OF ALL  APPORTIONMENTS,  COMPUTATIONS,  AND  DETERMINATIONS  OF
STATE AID.
  S  4.  The  tax  law  is amended by adding a new section 42 to read as
follows:
  S 42. EDUCATION TAX CREDIT. (A) DEFINITIONS. FOR THE PURPOSES OF  THIS
SECTION,  THE  FOLLOWING  TERMS  HAVE  THE SAME DEFINITION AS IN SECTION
TWELVE HUNDRED TEN OF  THE  EDUCATION  LAW:  "AUTHORIZED  CONTRIBUTION",
"CONTRIBUTION",  "EDUCATIONAL  PROGRAM", "EDUCATIONAL SCHOLARSHIP ORGAN-
IZATION", "ELIGIBLE PUPIL", "LOCAL EDUCATION FUND", "NON-PUBLIC SCHOOL",
"PUBLIC EDUCATION ENTITY", "PUBLIC  SCHOOL",  "QUALIFIED  CONTRIBUTION",
"QUALIFIED  SCHOOL",  "SCHOLARSHIP",  AND  "SCHOOL IMPROVEMENT ORGANIZA-
TION".
  (B) ALLOWANCE OF CREDIT. A  TAXPAYER  SUBJECT  TO  TAX  UNDER  ARTICLE
NINE-A  OR  TWENTY-TWO OF THIS CHAPTER SHALL BE ALLOWED AN EDUCATION TAX
CREDIT AGAINST SUCH TAX, PURSUANT TO THE PROVISIONS REFERENCED IN SUBDI-
VISION (1) OF THIS SECTION, WITH RESPECT TO QUALIFIED CONTRIBUTIONS MADE
DURING THE TAXABLE YEAR.
  (C) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE THE LESSER  OF
SEVENTY-FIVE  PERCENT OF THE TAXPAYER'S TOTAL QUALIFIED CONTRIBUTIONS OR
ONE MILLION DOLLARS. IF THE TAXPAYER IS A PARTNER IN  A  PARTNERSHIP  OR
SHAREHOLDER  OF  A  NEW  YORK S CORPORATION, THEN THE CAP IMPOSED BY THE
PRECEDING SENTENCE SHALL BE APPLIED AT THE ENTITY  LEVEL,  SO  THAT  THE
AGGREGATE  CREDIT  ALLOWED  TO  ALL THE PARTNERS OR SHAREHOLDERS OF EACH
SUCH ENTITY IN THE TAXABLE YEAR DOES NOT EXCEED ONE MILLION DOLLARS.
  (D) INFORMATION TO BE POSTED ON THE DEPARTMENT'S WEBSITE. BEGINNING ON
THE SIXTEENTH DAY OF JANUARY OF EACH YEAR, THE COMMISSIONER SHALL  MAIN-
TAIN ON THE DEPARTMENT'S WEBSITE A RUNNING TOTAL OF THE AMOUNT OF AVAIL-
ABLE  CREDIT  FOR  WHICH  TAXPAYERS  MAY APPLY PURSUANT TO THIS SECTION.
ADDITIONALLY,  THE  COMMISSIONER  SHALL  MAINTAIN  ON  THE  DEPARTMENT'S

S. 2006                            33                            A. 3006

WEBSITE  A LIST OF THE SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION
FUNDS  AND  EDUCATIONAL  SCHOLARSHIP  ORGANIZATIONS  APPROVED  TO  ISSUE
CERTIFICATES OF RECEIPT PURSUANT TO ARTICLE TWENTY-FIVE OF THE EDUCATION
LAW.  THE COMMISSIONER SHALL ALSO MAINTAIN ON THE DEPARTMENT'S WEBSITE A
LIST OF PUBLIC EDUCATION  ENTITIES,  SCHOOL  IMPROVEMENT  ORGANIZATIONS,
LOCAL  EDUCATION  FUNDS  AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS WHOSE
APPROVAL TO ISSUE CERTIFICATES OF RECEIPT HAS BEEN  REVOKED  ALONG  WITH
THE DATE OF SUCH REVOCATION.
  (E) APPLICATIONS FOR CONTRIBUTION AUTHORIZATION CERTIFICATES. PRIOR TO
MAKING  A  CONTRIBUTION TO A PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT
ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZA-
TION, THE TAXPAYER SHALL APPLY TO  THE  DEPARTMENT  FOR  A  CONTRIBUTION
AUTHORIZATION  CERTIFICATE FOR SUCH CONTRIBUTION. SUCH APPLICATION SHALL
BE IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT.  THE  DEPARTMENT
MAY  ALLOW  TAXPAYERS  TO  MAKE  MULTIPLE APPLICATIONS ON THE SAME FORM,
PROVIDED THAT EACH CONTRIBUTION LISTED  ON  SUCH  APPLICATION  SHALL  BE
TREATED  AS  A  SEPARATE APPLICATION AND THAT THE DEPARTMENT SHALL ISSUE
SEPARATE CONTRIBUTION AUTHORIZATION CERTIFICATES FOR EACH SUCH  APPLICA-
TION.
  (F)  CONTRIBUTION  AUTHORIZATION  CERTIFICATES. 1. ISSUANCE OF CERTIF-
ICATES. THE COMMISSIONER SHALL ISSUE CONTRIBUTION AUTHORIZATION  CERTIF-
ICATES  IN  TWO  PHASES.  IN PHASE ONE, WHICH BEGINS ON THE FIRST DAY OF
JANUARY AND ENDS ON THE FIFTEENTH DAY OF JANUARY, THE COMMISSIONER SHALL
ACCEPT APPLICATIONS  FOR  CONTRIBUTION  AUTHORIZATION  CERTIFICATES  BUT
SHALL  NOT  ISSUE  ANY SUCH CERTIFICATES. COMMENCING AFTER THE SIXTEENTH
DAY OF JANUARY, THE COMMISSIONER SHALL ISSUE CONTRIBUTION  AUTHORIZATION
CERTIFICATES  FOR  APPLICATIONS RECEIVED DURING PHASE ONE, PROVIDED THAT
IF THE AGGREGATE TOTAL OF THE CONTRIBUTIONS FOR WHICH APPLICATIONS  HAVE
BEEN  RECEIVED  DURING PHASE ONE EXCEEDS THE AMOUNT OF THE CREDIT CAP IN
SUBDIVISION (H) OF THIS  SECTION,  THE  AUTHORIZED  CONTRIBUTION  AMOUNT
LISTED  ON  EACH  CONTRIBUTION AUTHORIZATION CERTIFICATE SHALL EQUAL THE
PRO-RATA SHARE OF THE CREDIT CAP. IF THE CREDIT  CAP  IS  NOT  EXCEEDED,
PHASE TWO COMMENCES ON JANUARY SIXTEENTH AND ENDS ON NOVEMBER FIRST. THE
COMMISSIONER  SHALL  ISSUE  CONTRIBUTION AUTHORIZATION CERTIFICATES ON A
FIRST-COME FIRST SERVE BASIS BASED UPON THE DATE THE DEPARTMENT RECEIVED
THE TAXPAYER'S APPLICATION FOR SUCH CERTIFICATE; PROVIDED, HOWEVER, THAT
IF ON ANY DAY THE DEPARTMENT RECEIVES APPLICATIONS  REQUESTING  CONTRIB-
UTION AUTHORIZATION CERTIFICATES FOR CONTRIBUTIONS THAT IN THE AGGREGATE
EXCEED  THE  AMOUNT  OF  THE REMAINING AVAILABLE CREDIT ON SUCH DAY, THE
AUTHORIZED CONTRIBUTION AMOUNT LISTED IN EACH CONTRIBUTION AUTHORIZATION
CERTIFICATE SHALL BE THE TAXPAYER'S  PRO-RATA  SHARE  OF  THE  REMAINING
AVAILABLE  CREDIT.  FOR  PURPOSES  OF  DETERMINING A TAXPAYER'S PRO-RATA
SHARE OF REMAINING AVAILABLE CREDIT, THE COMMISSIONER SHALL MULTIPLY THE
AMOUNT OF REMAINING AVAILABLE CREDIT BY A  FRACTION,  THE  NUMERATOR  OF
WHICH  EQUALS  THE  TOTAL  CONTRIBUTION  AMOUNT LISTED ON THE TAXPAYER'S
APPLICATION AND THE DENOMINATOR OF WHICH EQUALS THE AGGREGATE AMOUNT  OF
CONTRIBUTIONS  LISTED ON THE APPLICATIONS FOR CONTRIBUTION AUTHORIZATION
CERTIFICATES RECEIVED ON SUCH DAY.  CONTRIBUTION  AUTHORIZATION  CERTIF-
ICATES  FOR  APPLICATIONS  RECEIVED  DURING PHASE ONE SHALL BE MAILED NO
LATER THAN THE FIFTH DAY OF FEBRUARY. CONTRIBUTION AUTHORIZATION CERTIF-
ICATES FOR APPLICATIONS RECEIVED DURING PHASE TWO SHALL BE MAILED WITHIN
TWENTY DAYS OF RECEIPT OF SUCH APPLICATIONS. PROVIDED, HOWEVER, THAT  NO
CONTRIBUTION AUTHORIZATION CERTIFICATES FOR APPLICATIONS RECEIVED DURING
PHASE  TWO  SHALL  BE ISSUED UNTIL ALL OF THE CONTRIBUTION AUTHORIZATION
CERTIFICATES FOR  APPLICATIONS  RECEIVED  DURING  PHASE  ONE  HAVE  BEEN
ISSUED.

S. 2006                            34                            A. 3006

  2.  CONTRIBUTION AUTHORIZATION CERTIFICATE CONTENTS. EACH CONTRIBUTION
AUTHORIZATION CERTIFICATE SHALL STATE: (I) THE DATE SUCH CERTIFICATE WAS
ISSUED; (II) THE DATE BY WHICH THE AUTHORIZED  CONTRIBUTIONS  LISTED  IN
THE  CERTIFICATE  MUST  BE  MADE,  WHICH SHALL BE NO LATER THAN NOVEMBER
THIRTIETH  OF  THE YEAR FOR WHICH THE CONTRIBUTION AUTHORIZATION CERTIF-
ICATE WAS ISSUED; (III) THE TAXPAYER'S NAME AND ADDRESS; (IV) THE AMOUNT
OF AUTHORIZED CONTRIBUTIONS; (V) THE CONTRIBUTION AUTHORIZATION  CERTIF-
ICATE'S  CERTIFICATE  NUMBER;  (VI)  THE  NAME AND ADDRESS OF THE PUBLIC
EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION  FUND
OR  EDUCATIONAL SCHOLARSHIP ORGANIZATION FOR WHICH THE TAXPAYER MAY MAKE
THE AUTHORIZED CONTRIBUTION; AND (VII) ANY OTHER  INFORMATION  THAT  THE
COMMISSIONER DEEMS NECESSARY.
  3.  NOTIFICATION  OF  THE  ISSUANCE  OF  A  CONTRIBUTION AUTHORIZATION
CERTIFICATE. UPON ISSUANCE OF A CONTRIBUTION AUTHORIZATION  CERTIFICATE,
THE  COMMISSIONER SHALL NOTIFY THE EDUCATIONAL SCHOLARSHIP ORGANIZATION,
PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION OR LOCAL EDUCA-
TION FUND OF THE ISSUANCE OF THE CONTRIBUTION AUTHORIZATION  CERTIFICATE
TO  A TAXPAYER. SUCH NOTIFICATION SHALL INCLUDE: (I) THE TAXPAYER'S NAME
AND ADDRESS; (II) THE DATE SUCH CERTIFICATE WAS ISSUED; (III)  THE  DATE
BY  WHICH THE AUTHORIZED CONTRIBUTION LISTED IN THE NOTIFICATION MUST BE
MADE BY THE TAXPAYER; (IV) THE AMOUNT OF  THE  AUTHORIZED  CONTRIBUTION;
(V)  CONTRIBUTION AUTHORIZATION CERTIFICATE; AND (VI) ANY OTHER INFORMA-
TION THAT THE COMMISSIONER DEEMS NECESSARY.
  (G) CERTIFICATE OF RECEIPT. 1. IN GENERAL. NO PUBLIC EDUCATION ENTITY,
SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION  FUND,  OR  EDUCATIONAL
SCHOLARSHIP  ORGANIZATION  SHALL  ISSUE A CERTIFICATE OF RECEIPT FOR ANY
CONTRIBUTION MADE BY A TAXPAYER UNLESS  SUCH  PUBLIC  EDUCATION  ENTITY,
SCHOOL  IMPROVEMENT  ORGANIZATION,  LOCAL EDUCATION FUND, OR EDUCATIONAL
SCHOLARSHIP ORGANIZATION HAS BEEN  APPROVED  TO  ISSUE  CERTIFICATES  OF
RECEIPT  PURSUANT TO ARTICLE TWENTY-FIVE OF THE EDUCATION LAW. NO PUBLIC
EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND,
OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL  ISSUE  A  CERTIFICATE  OF
RECEIPT  FOR A CONTRIBUTION MADE BY A TAXPAYER UNLESS SUCH PUBLIC EDUCA-
TION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION  FUND,  OR
EDUCATIONAL  SCHOLARSHIP  ORGANIZATION  HAS  RECEIVED  NOTICE  FROM  THE
DEPARTMENT THAT THE DEPARTMENT ISSUED A CREDIT AUTHORIZATION CERTIFICATE
TO THE TAXPAYER FOR SUCH CONTRIBUTION.
  2. TIMELY CONTRIBUTION. IF A TAXPAYER MAKES AN AUTHORIZED CONTRIBUTION
TO THE PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT  ORGANIZATION,  LOCAL
EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SET FORTH ON THE
AUTHORIZATION  CERTIFICATE ISSUED TO THE TAXPAYER NO LATER THAN THE DATE
BY WHICH SUCH AUTHORIZED CONTRIBUTION  IS  REQUIRED  TO  BE  MADE,  SUCH
PUBLIC  EDUCATION  ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCA-
TION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL, WITHIN  THIRTY
DAYS  OF RECEIPT OF THE AUTHORIZED CONTRIBUTION, ISSUE TO THE TAXPAYER A
WRITTEN CERTIFICATE OF RECEIPT; PROVIDED, HOWEVER, THAT IF THE  TAXPAYER
CONTRIBUTES AN AMOUNT THAT IS LESS THAN THE AMOUNT LISTED ON THE TAXPAY-
ER'S  CONTRIBUTION  AUTHORIZATION CERTIFICATE, THE TAXPAYER SHALL NOT BE
ISSUED A CERTIFICATE OF RECEIPT FOR SUCH CONTRIBUTION.
  3. CERTIFICATE OF RECEIPT CONTENTS. EACH CERTIFICATE OF RECEIPT  SHALL
STATE:  (I) THE NAME AND ADDRESS OF THE ISSUING PUBLIC EDUCATION ENTITY,
SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION  FUND,  OR  EDUCATIONAL
SCHOLARSHIP  ORGANIZATION;  (II)  THE TAXPAYER'S NAME AND ADDRESS; (III)
THE DATE FOR EACH CONTRIBUTION; (IV) THE AMOUNT OF EACH CONTRIBUTION AND
THE CORRESPONDING CONTRIBUTION AUTHORIZATION CERTIFICATE NUMBER; (V) THE

S. 2006                            35                            A. 3006

TOTAL AMOUNT OF CONTRIBUTIONS; AND (VI) ANY OTHER INFORMATION  THAT  THE
COMMISSIONER DEEMS NECESSARY.
  4. NOTIFICATION TO THE DEPARTMENT FOR THE ISSUANCE OF A CERTIFICATE OF
RECEIPT.  UPON  THE  ISSUANCE  OF  A CERTIFICATE OF RECEIPT, THE ISSUING
PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION,  LOCAL  EDUCA-
TION  FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL, WITHIN THIRTY
DAYS OF ISSUING THE CERTIFICATE OF RECEIPT, PROVIDE THE DEPARTMENT  WITH
NOTIFICATION  OF THE ISSUANCE OF SUCH CERTIFICATE IN THE FORM AND MANNER
PRESCRIBED BY THE DEPARTMENT.
  5. NOTIFICATION TO THE DEPARTMENT OF THE NON-ISSUANCE OF A CERTIFICATE
OF RECEIPT. EACH PUBLIC EDUCATION ENTITY, SCHOOL  IMPROVEMENT  ORGANIZA-
TION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION THAT
RECEIVED NOTIFICATION FROM THE DEPARTMENT PURSUANT TO SUBDIVISION (D) OF
THIS  SECTION  REGARDING  THE  ISSUANCE  OF A CONTRIBUTION AUTHORIZATION
CERTIFICATE TO A TAXPAYER SHALL, WITHIN THIRTY DAYS  OF  THE  EXPIRATION
DATE  FOR  SUCH  AUTHORIZED  CONTRIBUTION,  PROVIDE  NOTIFICATION TO THE
DEPARTMENT FOR EACH TAXPAYER THAT FAILED TO MAKE THE AUTHORIZED CONTRIB-
UTION TO SUCH PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT  ORGANIZATION,
LOCAL  EDUCATION  FUND,  OR  EDUCATIONAL SCHOLARSHIP ORGANIZATION IN THE
FORM AND MANNER PRESCRIBED BY THE DEPARTMENT.
  6. FAILURE TO NOTIFY THE DEPARTMENT. WITHIN THIRTY DAYS  OF  DISCOVERY
OF THE FAILURE OF ANY PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGAN-
IZATION,  LOCAL  EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION
TO COMPLY WITH THE NOTIFICATION REQUIREMENTS  PRESCRIBED  BY  PARAGRAPHS
FOUR AND FIVE OF THIS SUBDIVISION, THE COMMISSIONER SHALL ISSUE A NOTICE
OF COMPLIANCE FAILURE TO SUCH ENTITY, PROGRAM FUND OR ORGANIZATION. SUCH
ENTITY,  PROGRAM  FUND  OR  ORGANIZATION SHALL HAVE THIRTY DAYS FROM THE
DATE OF SUCH NOTICE TO MAKE THE NOTIFICATIONS PRESCRIBED  BY  PARAGRAPHS
FOUR  AND  FIVE  OF THIS SUBDIVISION. SUCH PERIOD MAY BE EXTENDED FOR AN
ADDITIONAL THIRTY DAYS UPON THE REQUEST OF THE ENTITY, PROGRAM  FUND  OR
ORGANIZATION. UPON THE EXPIRATION OF THE PERIOD FOR COMPLIANCE SET FORTH
IN THE NOTICE PRESCRIBED BY THIS PARAGRAPH, THE COMMISSIONER SHALL NOTI-
FY  THE  COMMISSIONER  OF  EDUCATION  THAT  SUCH ENTITY, PROGRAM FUND OR
ORGANIZATION FAILED TO MAKE THE NOTIFICATIONS PRESCRIBED  BY  PARAGRAPHS
FOUR AND FIVE OF THIS SUBDIVISION.
  (H)  CREDIT  CAP.  THE  MAXIMUM  PERMITTED  CREDITS UNDER THIS SECTION
AVAILABLE ANNUALLY TO ALL  TAXPAYERS  FOR  QUALIFIED  CONTRIBUTIONS  FOR
CALENDAR  YEAR TWO THOUSAND SIXTEEN AND ALL FOLLOWING YEARS SHALL BE ONE
HUNDRED MILLION  DOLLARS.  THE  MAXIMUM  PERMITTED  CREDITS  UNDER  THIS
SECTION  FOR QUALIFIED CONTRIBUTIONS SHALL BE ALLOCATED FIFTY PERCENT TO
PUBLIC EDUCATION ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS,  AND  LOCAL
EDUCATION  FUNDS  AND FIFTY PERCENT TO EDUCATIONAL SCHOLARSHIP ORGANIZA-
TIONS.
  (I) ADDITIONS TO THE CREDIT CAP. UNISSUED CERTIFICATES OF RECEIPT. ANY
AMOUNTS FOR WHICH THE DEPARTMENT RECEIVES NOTIFICATION  OF  NON-ISSUANCE
OF  A  CERTIFICATE  OF  RECEIPT  SHALL BE ADDED TO THE CAP PRESCRIBED IN
SUBDIVISION (H) OF THIS SECTION FOR THE IMMEDIATELY FOLLOWING YEAR.
  (J) OTHER REQUIREMENTS; MISCELLANEOUS. 1. RECORD KEEPING. EACH TAXPAY-
ER SHALL, FOR EACH TAXABLE YEAR  FOR  WHICH  THE  EDUCATION  TAX  CREDIT
PROVIDED  FOR  UNDER  THIS  SECTION  IS CLAIMED, MAINTAIN RECORDS OF THE
FOLLOWING  INFORMATION:  (I)  CONTRIBUTION  AUTHORIZATION   CERTIFICATES
OBTAINED  PURSUANT  TO SUBDIVISION (F) OF THIS SECTION, AND (II) CERTIF-
ICATES OF RECEIPT OBTAINED PURSUANT TO SUBDIVISION (G) OF THIS SECTION.
  2. REGULATIONS. THE COMMISSIONER IS HEREBY  AUTHORIZED  TO  PROMULGATE
AND  ADOPT ON AN EMERGENCY BASIS REGULATIONS NECESSARY FOR THE IMPLEMEN-
TATION OF THIS SECTION.

S. 2006                            36                            A. 3006

  (K) JOINT ANNUAL REPORT. ON OR BEFORE THE LAST DAY  OF  MAY  FOR  EACH
CALENDAR  YEAR, FOR THE IMMEDIATELY PRECEDING YEAR, THE COMMISSIONER AND
THE COMMISSIONER OF EDUCATION SHALL JOINTLY SUBMIT A WRITTEN  REPORT  TO
THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY,  THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN
OF THE ASSEMBLY WAYS AND MEANS  COMMITTEE  REGARDING  THE  CREDIT.  SUCH
REPORT  SHALL  CONTAIN INFORMATION FOR ARTICLES NINE-A AND TWENTY-TWO OF
THIS CHAPTER, RESPECTIVELY, REGARDING: (I) THE  NUMBER  OF  APPLICATIONS
RECEIVED;  (II)  THE  NUMBER  OF AND AGGREGATE VALUE OF THE CONTRIBUTION
AUTHORIZATION CERTIFICATES ISSUED FOR CONTRIBUTIONS TO PUBLIC  EDUCATION
ENTITIES,  SCHOOL  IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS, AND
EDUCATIONAL SCHOLARSHIP ORGANIZATIONS, RESPECTIVELY; (III) THE GEOGRAPH-
ICAL DISTRIBUTION BY COUNTY, TO THE EXTENT FEASIBLE, OF (A) THE APPLICA-
TIONS FOR CONTRIBUTION AUTHORIZATION CERTIFICATES, DISTRIBUTION  BY  THE
COUNTY,  TO  THE  EXTENT FEASIBLE, OF (B) THE PUBLIC EDUCATION ENTITIES,
SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS, AND EDUCATIONAL
SCHOLARSHIP ORGANIZATIONS LISTED ON  THE  ISSUED  CONTRIBUTION  AUTHORI-
ZATION   CERTIFICATES;  AND  (IV)  INFORMATION,  INCLUDING  GEOGRAPHICAL
DISTRIBUTION BY COUNTY, TO THE EXTENT FEASIBLE, OF THE NUMBER OF  ELIGI-
BLE  PUPILS  THAT RECEIVED SCHOLARSHIPS, THE NUMBER OF QUALIFIED SCHOOLS
ATTENDED BY ELIGIBLE PUPILS THAT RECEIVED  SUCH  SCHOLARSHIPS,  AND  THE
AVERAGE  VALUE  OF  SCHOLARSHIPS  RECEIVED  BY SUCH ELIGIBLE PUPILS. THE
COMMISSIONER AND DESIGNATED EMPLOYEES OF THE DEPARTMENT AND THE  COMMIS-
SIONER OF EDUCATION AND DESIGNATED EMPLOYEES OF THE DEPARTMENT OF EDUCA-
TION SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE INFORMATION
REGARDING  THE  SCHOOL  IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS
AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS THAT APPLIED FOR  APPROVAL  TO
BE  AUTHORIZED TO RECEIVE QUALIFIED CONTRIBUTIONS; AND THE PUBLIC EDUCA-
TION ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION  FUNDS,
AND  EDUCATIONAL  SCHOLARSHIP  ORGANIZATIONS AUTHORIZED TO ISSUE CERTIF-
ICATES OF RECEIPT, INCLUDING INFORMATION CONTAINED IN  OR  DERIVED  FROM
APPLICATION  FORMS  AND REPORTS SUBMITTED TO THE DEPARTMENT OF EDUCATION
OR THE COMMISSIONER OF EDUCATION.
  (L) CROSS REFERENCES. FOR APPLICATION OF THE CREDIT  PROVIDED  FOR  IN
THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
  (1) ARTICLE 9-A: SECTION 210-B; SUBDIVISION 50;
  (2) ARTICLE 22: SECTION 606, SUBSECTION (CCC);
  S  5.  Paragraph (b) of subdivision 9 of section 208 of the tax law is
amended by adding a new subparagraph 22 to read as follows:
  (22) THE AMOUNT OF ANY FEDERAL DEDUCTION FOR CHARITABLE  CONTRIBUTIONS
ALLOWED  UNDER  SECTION ONE HUNDRED SEVENTY OF THE INTERNAL REVENUE CODE
TO THE EXTENT SUCH CONTRIBUTIONS ARE USED AS THE  BASIS  OF  THE  CALCU-
LATION  OF  THE  EDUCATION TAX CREDIT ALLOWED UNDER SUBDIVISION FIFTY OF
SECTION TWO HUNDRED TEN-B OF THIS ARTICLE.
  S 6. Section 210-B of the tax law is amended by adding a new  subdivi-
sion 50 to read as follows:
  50. EDUCATION TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE
ALLOWED  A  CREDIT,  TO  BE COMPUTED AS PROVIDED IN SECTION FORTY-TWO OF
THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE.
  (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
FOR  ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR THAT YEAR TO LESS
THAN THE AMOUNT PRESCRIBED  IN  PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF
SECTION  TWO HUNDRED TEN OF THIS ARTICLE. IF THE AMOUNT OF CREDIT ALLOW-
ABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH
AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX ON THE FIXED DOLLAR MINIMUM
THE EXCESS ALLOWED FOR A TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOW-

S. 2006                            37                            A. 3006

ING YEAR OR YEARS FOR UP TO FIVE YEARS AND  MAY  BE  DEDUCTED  FROM  THE
TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
  S  7. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding  a  new  clause  (xli)  to  read  as
follows:

(XLI) EDUCATION TAX CREDIT              AMOUNT OF CREDIT UNDER
UNDER SUBSECTION (CCC)                  SUBDIVISION FIFTY OF SECTION
                                        TWO HUNDRED TEN-B
  S  8. Section 606 of the tax law is amended by adding a new subsection
(ccc) to read as follows:
  (CCC) EDUCATION TAX CREDIT. ALLOWANCE OF CREDIT. A TAXPAYER  SHALL  BE
ALLOWED A CREDIT TO BE COMPUTED AS PROVIDED IN SECTION FORTY-TWO OF THIS
CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE. IF THE AMOUNT OF CRED-
IT ALLOWABLE UNDER THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE
TAXPAYER'S  TAX FOR SUCH YEAR, THE EXCESS ALLOWED FOR A TAXABLE YEAR MAY
BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS FOR UP TO FIVE YEARS  AND
MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
  S 9. Subsection (g) of section 615 of the tax law is amended by adding
a new paragraph 3 to read as follows:
  (3)  WITH  RESPECT  TO AN INDIVIDUAL WHO HAS CLAIMED THE EDUCATION TAX
CREDIT FOR QUALIFIED CONTRIBUTIONS  PURSUANT  TO  SUBDIVISION  (CCC)  OF
SECTION  SIX  HUNDRED SIX OF THIS ARTICLE, THE TAXPAYER'S NEW YORK ITEM-
IZED DEDUCTION SHALL BE REDUCED BY ANY CHARITABLE CONTRIBUTION DEDUCTION
ALLOWED UNDER SECTION ONE HUNDRED SEVENTY OF THE INTERNAL  REVENUE  CODE
WITH RESPECT TO SUCH QUALIFIED CONTRIBUTIONS.
  S  10.  Severability. If any provision of this section or the applica-
tion thereof to any person or circumstances is held invalid, such  inva-
lidity  shall not affect other provisions or applications of the section
which can be given effect without the invalid provision or  application,
and to this end the provisions of this section are declared to be sever-
able.
  S  11. This act shall take effect immediately and shall apply to taxa-
ble years beginning on or  after  January  1,  2016;  provided  however,
notwithstanding the foregoing, this act shall not take effect unless the
legislature  enacts,  by  no later than March 31, 2015, a chapter of law
identical to legislation submitted by the Governor pursuant  to  Article
VII  of  the New York Constitution as Part D of legislative bill numbers
S.2006 and A.3006 relating to the establishment by the president of  the
higher  education services corporation of an application form and proce-
dures 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 for applica-
ble  awards  without  having to submit information to any other state or
federal agency.

                                 PART F

  Section 1. The banking law is amended by adding a new section  9-w  to
read as follows:
  S  9-W.  STANDARD  FINANCIAL  AID  AWARD LETTER. THE SUPERINTENDENT OF
FINANCIAL SERVICES IN CONSULTATION WITH  THE  PRESIDENT  OF  THE  HIGHER
EDUCATION  SERVICES  CORPORATION  SHALL DEVELOP A STANDARD FINANCIAL AID
AWARD LETTER WHICH SHALL CLEARLY DELINEATE (A)  THE  ESTIMATED  COST  OF
ATTENDANCE,  (B)  ALL  FINANCIAL  AID OFFERED, WITH AN EXPLANATION AS TO

S. 2006                            38                            A. 3006

WHICH COMPONENTS WILL REQUIRE REPAYMENT, (C) ANY EXPECTED STUDENT AND/OR
FAMILY CONTRIBUTION, (D) CAMPUS-SPECIFIC GRADUATION,  MEDIAN  BORROWING,
AND  LOAN  DEFAULT RATES, AND (E) ANY OTHER INFORMATION AS DETERMINED BY
THE  SUPERINTENDENT  IN CONSULTATION WITH THE PRESIDENT. THE SUPERINTEN-
DENT SHALL PUBLISH AND MAKE AVAILABLE SUCH STANDARD LETTER  BY  DECEMBER
THIRTY-FIRST,  TWO  THOUSAND FIFTEEN AND THEREAFTER. EACH COLLEGE, VOCA-
TIONAL INSTITUTION, AND ANY OTHER INSTITUTION THAT  OFFERS  AN  APPROVED
PROGRAM AS DEFINED IN SECTION SIX HUNDRED ONE OF THE EDUCATION LAW SHALL
UTILIZE  THE  STANDARD  LETTER  ISSUED  BY  THE  DEPARTMENT OF FINANCIAL
SERVICES IN RESPONDING TO ALL FINANCIAL AID APPLICANTS FOR THE TWO THOU-
SAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR AND  THEREAFTER.  THE
SUPERINTENDENT SHALL PROMULGATE REGULATIONS IMPLEMENTING THIS SECTION.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.

                                 PART G

  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. 2006                            39                            A. 3006

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. 2006                            40                            A. 3006

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. 2006                            41                            A. 3006

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. 2006                            42                            A. 3006

  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. 2006                            43                            A. 3006

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. 2006                            44                            A. 3006

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. 2006                            45                            A. 3006

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. 2006                            46                            A. 3006

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. 2006                            47                            A. 3006

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. 2006                            48                            A. 3006

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. 2006                            49                            A. 3006

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. 2006                            50                            A. 3006

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. 2006                            51                            A. 3006

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. 2006                            52                            A. 3006

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. 2006                            53                            A. 3006

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. 2006                            54                            A. 3006

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. 2006                            55                            A. 3006

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. 2006                            56                            A. 3006

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. 2006                            57                            A. 3006

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. 2006                            58                            A. 3006

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. 2006                            59                            A. 3006

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 H

  Section 1. The education law is amended by adding a new article  129-B
to read as follows:
                              ARTICLE 129-B
          IMPLEMENTATION BY COLLEGES AND UNIVERSITIES OF SEXUAL
        ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE, AND STALKING
             PREVENTION AND RESPONSE POLICIES AND PROCEDURES

SECTION 6439. GENERAL PROVISIONS.
        6440. DEFINITION OF AFFIRMATIVE CONSENT TO SEXUAL ACTIVITY.
        6441. POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY IN SEXUAL VIOLENCE
                CASES.
        6442. VICTIM AND SURVIVOR BILL OF RIGHTS.
        6443  RESPONSE TO REPORTS.
        6444. CAMPUS CLIMATE ASSESSMENTS.
        6445. OPTIONS FOR CONFIDENTIAL DISCLOSURE.
        6446. STUDENT ONBOARDING AND ONGOING EDUCATION.
        6447. PRIVACY IN LEGAL CHALLENGES TO CONDUCT FINDINGS.
  S  6439.  GENERAL PROVISIONS. 1. THE TRUSTEES OR OTHER GOVERNING BOARD
OF EACH COLLEGE AND UNIVERSITY CHARTERED BY THE REGENTS OR  INCORPORATED
BY  SPECIAL  ACT OF THE LEGISLATURE AND WHICH MAINTAINS A CAMPUS, UNLESS
OTHERWISE PROVIDED, SHALL ADOPT WRITTEN RULES FOR IMPLEMENTING ALL POLI-
CIES REQUIRED PURSUANT TO THIS ARTICLE AND FOR THE MAINTENANCE OF PUBLIC
ORDER ON COLLEGE CAMPUSES AND OTHER COLLEGE  PROPERTY  USED  FOR  EDUCA-
TIONAL  PURPOSES AND PROVIDE A PROGRAM FOR THE ENFORCEMENT THEREOF. SUCH
POLICIES SHALL ALSO APPLY TO CONDUCT THAT HAS A NEXUS TO  A  COLLEGE  OR
UNIVERSITY PROGRAM AND/OR TAKES PLACE OUTSIDE OF A COLLEGE OR UNIVERSITY
PROPERTY BUT IS IN VIOLATION OF FEDERAL, STATE OR LOCAL LAW.
  2.  SEXUAL  ASSAULT,  DOMESTIC  VIOLENCE, DATING VIOLENCE AND STALKING
AFFECT THOUSANDS OF COLLEGE AND UNIVERSITY STUDENTS IN  NEW  YORK  STATE
AND  ACROSS  THE  NATION.  IN  ADDITION  TO  THE  TRAUMA  CAUSED BY SUCH
VIOLENCE, MANY VICTIMS AND SURVIVORS  DROP  OUT  OF  SCHOOL,  EXPERIENCE
DIFFICULTY  WORKING, AND SEE PROMISING OPPORTUNITIES CUT SHORT. WHILE IT
IS NOT JUST COLLEGE OR UNIVERSITY STUDENTS THAT EXPERIENCE THESE CRIMES,
THESE INSTITUTIONS HAVE UNIQUE OPPORTUNITIES TO EDUCATE MEMBERS  OF  THE
COLLEGE COMMUNITY ABOUT THESE CRIMES AND INCIDENTS SO THAT WE CAN BETTER
SAFEGUARD  STUDENTS. THEREFORE, EACH COLLEGE AND UNIVERSITY MUST DEVELOP
AND IMPLEMENT THE POLICIES REQUIRED PURSUANT TO THIS ARTICLE.
  3. EACH COLLEGE AND UNIVERSITY SHALL ANNUALLY FILE WITH THE DEPARTMENT
ON OR BEFORE THE FIRST DAY OF JULY A CERTIFICATE OF COMPLIANCE WITH  THE
PROVISIONS OF THIS ARTICLE.

S. 2006                            60                            A. 3006

  4.  IF  A COLLEGE OR UNIVERSITY FAILS TO FILE A CERTIFICATE OF COMPLI-
ANCE PURSUANT TO SUBDIVISION THREE OF THIS SECTION WITHIN SIXTY DAYS  OF
THE  TIME  REQUIRED, SUCH COLLEGE OR UNIVERSITY SHALL NOT BE ELIGIBLE TO
RECEIVE ANY STATE AID OR ASSISTANCE UNTIL SUCH CERTIFICATE OF COMPLIANCE
IS DULY FILED.
  5.  EACH COLLEGE AND UNIVERSITY SHALL FILE A COPY OF ALL WRITTEN RULES
AND POLICIES ADOPTED AS REQUIRED IN THIS ARTICLE WITH THE DEPARTMENT  ON
OR  BEFORE  THE  FIRST DAY OF JULY, TWO THOUSAND SIXTEEN, AND ONCE EVERY
TEN YEARS THEREAFTER, EXCEPT THAT THE SECOND FILING SHALL COINCIDE  WITH
THE  REQUIRED  FILING  UNDER  ARTICLE  ONE HUNDRED TWENTY-NINE-A OF THIS
CHAPTER, AND CONTINUE ON THE SAME CYCLE THEREAFTER.
  6. A COPY OF SUCH RULES AND POLICIES SHALL BE GIVEN  BY  EACH  COLLEGE
AND  UNIVERSITY  TO ALL STUDENTS ENROLLED IN SAID COLLEGE OR UNIVERSITY.
EACH COLLEGE AND UNIVERSITY SHALL ALSO POST SUCH RULES AND  POLICIES  ON
ITS WEBSITE IN AN EASILY ACCESSIBLE MANNER TO THE PUBLIC.
  7.  COLLEGES  AND  UNIVERSITIES  SHALL  REFER  TO APPLICABLE STATE AND
FEDERAL LAW, REGULATIONS AND POLICY GUIDANCE IN  DEVELOPING  AND  IMPLE-
MENTING THE POLICIES REQUIRED PURSUANT TO THIS ARTICLE, INCLUDING REFER-
ENCE  TO STATE AND FEDERAL DEFINITIONS OF TERMS NOT SPECIFICALLY DEFINED
HEREIN.
  S 6440. DEFINITION OF AFFIRMATIVE CONSENT  TO  SEXUAL  ACTIVITY.  EACH
COLLEGE  AND  UNIVERSITY SHALL ADOPT A UNIFORM DEFINITION OF AFFIRMATIVE
CONSENT IN THEIR CODE OF STUDENT CONDUCT OR SIMILAR  DOCUMENT  GOVERNING
STUDENT  BEHAVIOR. THIS DEFINITION SHALL STATE THAT "AFFIRMATIVE CONSENT
IS A CLEAR, UNAMBIGUOUS,  KNOWING,  INFORMED,  AND  VOLUNTARY  AGREEMENT
BETWEEN  ALL  PARTICIPANTS  TO  ENGAGE  IN SEXUAL ACTIVITY.   CONSENT IS
ACTIVE, NOT PASSIVE. SILENCE OR LACK OF RESISTANCE CANNOT BE INTERPRETED
AS CONSENT. SEEKING AND HAVING CONSENT ACCEPTED IS THE RESPONSIBILITY OF
THE PERSON(S) INITIATING EACH SPECIFIC SEXUAL ACT REGARDLESS OF  WHETHER
THE  PERSON  INITIATING  THE  ACT IS UNDER THE INFLUENCE OF DRUGS AND/OR
ALCOHOL. CONSENT TO ANY SEXUAL ACT OR PRIOR CONSENSUAL  SEXUAL  ACTIVITY
BETWEEN OR WITH ANY PARTY DOES NOT CONSTITUTE CONSENT TO ANY OTHER SEXU-
AL  ACT.  THE  DEFINITION  OF CONSENT DOES NOT VARY BASED UPON A PARTIC-
IPANT'S SEX, SEXUAL ORIENTATION, GENDER IDENTITY OR  GENDER  EXPRESSION.
CONSENT  MAY  BE INITIALLY GIVEN BUT WITHDRAWN AT ANY TIME. WHEN CONSENT
IS WITHDRAWN OR CANNOT BE GIVEN,  SEXUAL  ACTIVITY  MUST  STOP.  CONSENT
CANNOT  BE  GIVEN  WHEN A PERSON IS INCAPACITATED. INCAPACITATION OCCURS
WHEN AN INDIVIDUAL LACKS THE ABILITY TO FULLY AND  KNOWINGLY  CHOOSE  TO
PARTICIPATE  IN  SEXUAL ACTIVITY. INCAPACITATION INCLUDES IMPAIRMENT DUE
TO DRUGS OR ALCOHOL (WHETHER SUCH USE IS VOLUNTARY OR INVOLUNTARY),  THE
LACK  OF  CONSCIOUSNESS OR BEING ASLEEP, BEING INVOLUNTARILY RESTRAINED,
IF ANY OF THE PARTIES ARE UNDER THE AGE  OF  17,  OR  IF  AN  INDIVIDUAL
OTHERWISE  CANNOT CONSENT. CONSENT CANNOT BE GIVEN WHEN IT IS THE RESULT
OF ANY COERCION, INTIMIDATION, FORCE, OR THREAT OF HARM."
  S 6441. POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY IN SEXUAL  VIOLENCE
CASES.  1.  A  BYSTANDER WHO REPORTS IN GOOD FAITH OR A VICTIM REPORTING
SEXUAL VIOLENCE TO COLLEGE OR UNIVERSITY OFFICIALS  OR  LAW  ENFORCEMENT
SHALL  NOT BE SUBJECT TO CAMPUS CONDUCT ACTION FOR VIOLATIONS OF ALCOHOL
AND DRUG USE POLICIES OCCURRING AT OR NEAR THE  TIME  OF  THE  INCIDENT.
EACH  COLLEGE  AND  UNIVERSITY  SHALL  ADOPT AND IMPLEMENT THE FOLLOWING
POLICY:     "THE  HEALTH  AND   SAFETY   OF   EVERY   STUDENT   AT   THE
(COLLEGE/UNIVERSITY)   IS  OF  UTMOST  IMPORTANCE.  (COLLEGE/UNIVERSITY)
RECOGNIZES THAT STUDENTS WHO  HAVE  BEEN  DRINKING  AND/OR  USING  DRUGS
(WHETHER  SUCH  USE  IS  VOLUNTARY  OR INVOLUNTARY) AT THE TIME A SEXUAL
VIOLENCE INCIDENT OCCURS MAY BE HESITANT TO REPORT SUCH INCIDENTS DUE TO
FEAR   OF   POTENTIAL    CONSEQUENCES    FOR    THEIR    OWN    CONDUCT.

S. 2006                            61                            A. 3006

(COLLEGE/UNIVERSITY) STRONGLY ENCOURAGES STUDENTS TO REPORT INCIDENTS OF
SEXUAL VIOLENCE TO CAMPUS OFFICIALS. A BYSTANDER REPORTING IN GOOD FAITH
OR   A   VICTIM/SURVIVOR   REPORTING   A  SEXUAL  VIOLENCE  INCIDENT  TO
(COLLEGE/UNIVERSITY) OFFICIALS OR LAW ENFORCEMENT WILL NOT BE SUBJECT TO
CAMPUS CONDUCT ACTION FOR VIOLATIONS OF ALCOHOL AND/OR DRUG USE POLICIES
OCCURRING AT OR NEAR THE TIME OF THE SEXUAL VIOLENCE INCIDENT."
  2. FOR PURPOSES OF THIS ARTICLE, THE TERM "SEXUAL VIOLENCE" SHALL MEAN
PHYSICAL  SEXUAL ACTS PERPETRATED AGAINST A PERSON'S WILL OR PERPETRATED
WHERE A PERSON IS INCAPABLE OF GIVING CONSENT INCLUDING, BUT NOT LIMITED
TO, RAPE, SEXUAL ASSAULT, SEXUAL BATTERY, SEXUAL ABUSE, AND SEXUAL COER-
CION.  THE TERM "BYSTANDER" SHALL MEAN A PERSON WHO  OBSERVES  A  CRIME,
IMPENDING  CRIME, CONFLICT, UNACCEPTABLE BEHAVIOR, OR CONDUCT THAT IS IN
VIOLATION OF RULES OR POLICIES OF A COLLEGE OR UNIVERSITY.
  S 6442. VICTIM AND SURVIVOR  BILL  OF  RIGHTS.  1.  EACH  COLLEGE  AND
UNIVERSITY  SHALL  ADOPT A VICTIM AND SURVIVOR BILL OF RIGHTS. THIS BILL
OF RIGHTS SHALL STATE THE FOLLOWING: "ALL VICTIMS AND SURVIVORS HAVE THE
RIGHT TO: (A) MAKE A  REPORT  TO  LOCAL  LAW  ENFORCEMENT  AND/OR  STATE
POLICE;  (B)  HAVE DISCLOSURES OF SEXUAL VIOLENCE TREATED SERIOUSLY; (C)
MAKE A DECISION ABOUT WHETHER OR NOT TO DISCLOSE A CRIME OR INCIDENT AND
PARTICIPATE IN THE CONDUCT OR CRIMINAL JUSTICE PROCESS FREE FROM OUTSIDE
PRESSURES FROM COLLEGE/UNIVERSITY OFFICIALS; (D) BE TREATED WITH DIGNITY
AND TO RECEIVE FROM COLLEGE/UNIVERSITY OFFICIALS  COURTEOUS,  FAIR,  AND
RESPECTFUL  HEALTH  CARE  AND  COUNSELING SERVICES; (E) BE FREE FROM ANY
SUGGESTION THAT THE VICTIM/SURVIVOR IS AT FAULT WHEN  THESE  CRIMES  AND
VIOLATIONS  ARE COMMITTED, OR SHOULD HAVE ACTED IN A DIFFERENT MANNER TO
AVOID SUCH A CRIME; (F) DESCRIBE THE INCIDENT TO AS FEW  INDIVIDUALS  AS
PRACTICABLE AND NOT TO BE REQUIRED TO UNNECESSARILY REPEAT A DESCRIPTION
OF THE INCIDENT; (G) BE FREE FROM RETALIATION BY THE COLLEGE/UNIVERSITY,
THE  ACCUSED,  AND/OR  THEIR  FRIENDS, FAMILY AND ACQUAINTANCES; AND (H)
EXERCISE CIVIL RIGHTS AND PRACTICE OF RELIGION WITHOUT  INTERFERENCE  BY
THE   INVESTIGATIVE,   CRIMINAL  JUSTICE,  OR  CONDUCT  PROCESS  OF  THE
COLLEGE/UNIVERSITY."
  2. IN ACCORDANCE WITH PROVISIONS OF THIS  SECTION,  EACH  COLLEGE  AND
UNIVERSITY SHALL LIST THE FOLLOWING OPTIONS IN BRIEF: VICTIMS AND SURVI-
VORS HAVE MANY OPTIONS THAT CAN BE PURSUED SIMULTANEOUSLY, INCLUDING ONE
OR  MORE OF THE FOLLOWING: (A) RECEIVE RESOURCES, SUCH AS COUNSELING AND
MEDICAL ATTENTION; (B) CONFIDENTIALLY OR ANONYMOUSLY DISCLOSE A CRIME OR
VIOLATION; (C) MAKE A REPORT  TO  AN  EMPLOYEE  WITH  THE  AUTHORITY  TO
ADDRESS  COMPLAINTS,  INCLUDING  THE  TITLE  IX  COORDINATOR,  A STUDENT
CONDUCT EMPLOYEE, A  HUMAN  RESOURCES  EMPLOYEE,  UNIVERSITY  POLICE  OR
CAMPUS  SECURITY,  OR FAMILY COURT OR CIVIL COURT; AND (D) MAKE A REPORT
TO LOCAL LAW ENFORCEMENT AND/OR STATE POLICE.
  3. THIS BILL OF RIGHTS SHALL BE DISTRIBUTED ANNUALLY TO STUDENTS, MADE
AVAILABLE ON EACH COLLEGE AND UNIVERSITY WEBSITE,  AND  POSTED  IN  EACH
CAMPUS  RESIDENCE  HALL, DINING HALL, AND STUDENT UNION OR CAMPUS CENTER
AND SHALL INCLUDE LINKS OR INFORMATION TO  FILE  A  REPORT  AND  SEEK  A
RESPONSE,  PURSUANT  TO  SECTION  SIXTY-FOUR HUNDRED FORTY-THREE OF THIS
ARTICLE, AND THE OPTIONS FOR CONFIDENTIAL DISCLOSURE PURSUANT TO SECTION
SIXTY-FOUR HUNDRED FORTY-FOUR OF THIS ARTICLE.
  S 6443. RESPONSE TO REPORTS. 1. IN ACCORDANCE WITH THE VICTIM/SURVIVOR
BILL OF RIGHTS SET FORTH IN SECTION SIXTY-FOUR HUNDRED FORTY-TWO OF THIS
ARTICLE AND THE RIGHT OF VICTIMS AND SURVIVORS TO MAKE A REPORT TO LOCAL
LAW ENFORCEMENT AND/OR STATE POLICE, EACH COLLEGE AND  UNIVERSITY  SHALL
ENSURE THAT VICTIMS AND SURVIVORS ARE PROVIDED WITH THE FOLLOWING INFOR-
MATION:
  A. THE RIGHT TO NOTIFY LOCAL LAW ENFORCEMENT AND/OR STATE POLICE;

S. 2006                            62                            A. 3006

  B.  THE  RIGHT  TO  REPORT  CONFIDENTIALLY  THE INCIDENT TO COLLEGE OR
UNIVERSITY OFFICIALS,  WHO  MAY  MAINTAIN  CONFIDENTIALITY  PURSUANT  TO
APPLICABLE  LAWS,  AND  CAN ASSIST IN OBTAINING SERVICES FOR THE VICTIMS
AND SURVIVORS;
  C.  THE  RIGHT  TO  DISCLOSE  CONFIDENTIALLY  THE  INCIDENT AND OBTAIN
SERVICES FROM NEW YORK STATE, NEW YORK CITY, OR COUNTY SERVICES;
  D. THE RIGHT TO REPORT THE INCIDENT TO COLLEGE OR UNIVERSITY OFFICIALS
WHO CAN OFFER PRIVACY AND CAN ASSIST IN OBTAINING RESOURCES;
  E. THE RIGHT TO FILE  A  CRIMINAL  COMPLAINT  WITH  UNIVERSITY  POLICE
AND/OR CAMPUS SECURITY;
  F.  THE  RIGHT  TO FILE A REPORT OF SEXUAL ASSAULT, DOMESTIC VIOLENCE,
DATING VIOLENCE, AND/OR STALKING, AND THE RIGHT TO CONSULT THE TITLE  IX
COORDINATOR  FOR  INFORMATION  AND ASSISTANCE. REPORTS SHALL BE INVESTI-
GATED  IN  ACCORDANCE  WITH  COLLEGE  OR   UNIVERSITY   POLICY   AND   A
VICTIM/SURVIVOR'S  IDENTITY  SHALL  REMAIN  PRIVATE AT ALL TIMES IF SAID
VICTIM/SURVIVOR WISHES TO MAINTAIN CONFIDENTIALITY;
  G. WHEN THE ACCUSED IS AN EMPLOYEE, THE RIGHT TO REPORT  THE  INCIDENT
TO  THE  COLLEGE OR UNIVERSITY HUMAN RESOURCES AUTHORITY OR THE RIGHT TO
REQUEST THAT A CONFIDENTIAL OR PRIVATE EMPLOYEE ASSIST IN  REPORTING  TO
THE APPROPRIATE HUMAN RESOURCES AUTHORITY. DISCIPLINARY PROCEEDINGS WILL
BE  CONDUCTED IN ACCORDANCE WITH APPLICABLE COLLECTIVE BARGAINING AGREE-
MENTS. WHEN THE ACCUSED IS AN EMPLOYEE OF AN AFFILIATED ENTITY OR VENDOR
OF THE COLLEGE, COLLEGE OR UNIVERSITY OFFICIALS WILL, AT THE REQUEST  OF
THE  VICTIM/SURVIVOR,  ASSIST  IN REPORTING TO THE APPROPRIATE OFFICE OF
THE VENDOR OR AFFILIATED ENTITY AND, IF THE RESPONSE OF  THE  VENDOR  OR
AFFILIATED  ENTITY IS NOT DEEMED SUFFICIENT BY THE COLLEGE OR UNIVERSITY
OFFICIALS, ASSIST IN OBTAINING A PERSONA NON GRATA  LETTER,  SUBJECT  TO
LEGAL REQUIREMENTS AND COLLEGE POLICY;
  H.  THE  RIGHT TO WITHDRAW A COMPLAINT OR INVOLVEMENT FROM THE COLLEGE
OR UNIVERSITY PROCESS AT ANY TIME.
  2. EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT VICTIMS AND SURVIVORS
HAVE INFORMATION ABOUT RESOURCES, INCLUDING INTERVENTION, MENTAL  HEALTH
COUNSELING,  AND  MEDICAL.  THE POLICY SHALL ALSO PROVIDE INFORMATION ON
SEXUALLY TRANSMITTED INFECTIONS, SEXUAL ASSAULT  FORENSIC  EXAMINATIONS,
AND  RESOURCES  AVAILABLE  THROUGH THE OFFICE OF VICTIM SERVICES, ESTAB-
LISHED PURSUANT TO SECTION SIX HUNDRED TWENTY-TWO OF THE EXECUTIVE LAW.
  3. EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT VICTIMS AND SURVIVORS
HAVE THE FOLLOWING PROTECTIONS AND ACCOMMODATIONS:
  A. WHEN THE ACCUSED IS A STUDENT, TO HAVE  THE  COLLEGE  ISSUE  A  "NO
CONTACT  ORDER," WHEREBY CONTINUED CONTACT WITH THE PROTECTED INDIVIDUAL
WOULD BE A VIOLATION OF COLLEGE OR UNIVERSITY POLICY  SUBJECT  TO  ADDI-
TIONAL  CONDUCT  CHARGES;  IF THE ACCUSED AND A PROTECTED PERSON OBSERVE
EACH OTHER IN A PUBLIC PLACE, IT IS THE RESPONSIBILITY OF THE ACCUSED TO
LEAVE THE AREA IMMEDIATELY AND WITHOUT DIRECTLY CONTACTING THE PROTECTED
PERSON;
  B. TO HAVE ASSISTANCE FROM UNIVERSITY POLICE  OR  CAMPUS  SECURITY  OR
OTHER   COLLEGE  OR  UNIVERSITY  OFFICIALS  IN  OBTAINING  AN  ORDER  OF
PROTECTION OR, IF OUTSIDE OF NEW YORK STATE, AN EQUIVALENT PROTECTIVE OR
RESTRAINING ORDER;
  C. TO RECEIVE A COPY OF THE ORDER OF PROTECTION OR EQUIVALENT AND HAVE
AN OPPORTUNITY TO MEET OR SPEAK WITH A COLLEGE  OR  UNIVERSITY  OFFICIAL
WHO  CAN  EXPLAIN  THE  ORDER  AND  ANSWER QUESTIONS ABOUT IT, INCLUDING
INFORMATION FROM THE ORDER ABOUT THE ACCUSED'S  RESPONSIBILITY  TO  STAY
AWAY  FROM THE PROTECTED PERSON OR PERSONS; THAT BURDEN DOES NOT REST ON
THE PROTECTED PERSON OR PERSONS;

S. 2006                            63                            A. 3006

  D. A RIGHT TO AN EXPLANATION OF THE CONSEQUENCES FOR  VIOLATING  THESE
ORDERS, INCLUDING BUT NOT LIMITED TO ARREST, ADDITIONAL CONDUCT CHARGES,
AND INTERIM SUSPENSION;
  E.  TO RECEIVE ASSISTANCE FROM UNIVERSITY POLICE OR CAMPUS SECURITY IN
EFFECTING AN ARREST WHEN AN INDIVIDUAL VIOLATES AN ORDER  OF  PROTECTION
OR,  IF  UNIVERSITY POLICE OR CAMPUS SECURITY DOES NOT POSSESS ARRESTING
POWERS, THEN TO CALL ON AND ASSIST LOCAL LAW ENFORCEMENT IN EFFECTING AN
ARREST FOR VIOLATING SUCH AN ORDER;
  F. WHEN THE ACCUSED IS A STUDENT AND PRESENTS A CONTINUING  THREAT  TO
THE HEALTH AND SAFETY OF THE COMMUNITY, TO SUBJECT THE ACCUSED TO INTER-
IM SUSPENSION PENDING THE OUTCOME OF A CONDUCT PROCESS;
  G.  WHEN  THE  ACCUSED IS NOT A STUDENT BUT IS A MEMBER OF THE COLLEGE
COMMUNITY AND PRESENTS A CONTINUING THREAT TO THE HEALTH AND  SAFETY  OF
THE  COMMUNITY, TO SUBJECT THE ACCUSED TO INTERIM MEASURES IN ACCORDANCE
WITH APPLICABLE COLLECTIVE BARGAINING  AGREEMENTS,  EMPLOYEE  HANDBOOKS,
AND RULES AND POLICIES OF THE COLLEGE OR UNIVERSITY;
  H.  WHEN THE ACCUSED IS NOT A MEMBER OF THE COLLEGE COMMUNITY, TO HAVE
ASSISTANCE FROM UNIVERSITY POLICE OR CAMPUS SECURITY OR OTHER COLLEGE OR
UNIVERSITY OFFICIALS IN OBTAINING A PERSONA NON GRATA LETTER, SUBJECT TO
APPLICABLE LEGAL REQUIREMENTS AND POLICIES; AND
  I. TO OBTAIN REASONABLE AND AVAILABLE INTERIM  MEASURES  AND  ACCOMMO-
DATIONS THAT EFFECT A CHANGE IN ACADEMIC, HOUSING, EMPLOYMENT, TRANSPOR-
TATION,  OR  OTHER  APPLICABLE  ARRANGEMENTS  IN ORDER TO ENSURE SAFETY,
PREVENT RETALIATION, AND AVOID AN ONGOING HOSTILE ENVIRONMENT.
  4. EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT STUDENTS  PARTICIPAT-
ING IN THE STUDENT CONDUCT OR JUDICIAL PROCESS BE AFFORDED THE FOLLOWING
RIGHTS AND RESPONSIBILITIES:
  A.  THE  RIGHT  TO  FILE  STUDENT CONDUCT CHARGES AGAINST THE ACCUSED.
CONDUCT PROCEEDINGS ARE GOVERNED BY THE PROCEDURES SET FORTH IN  COLLEGE
OR  UNIVERSITY  RULES AS WELL AS FEDERAL AND NEW YORK STATE LAW, INCLUD-
ING, WHERE APPLICABLE, THE DUE PROCESS PROVISIONS OF THE  UNITED  STATES
CONSTITUTION AND NEW YORK STATE CONSTITUTION.
  B. THROUGHOUT CONDUCT PROCEEDINGS, THE ACCUSED AND THE VICTIM/SURVIVOR
SHALL BE PROVIDED:
  (1) THE SAME OPPORTUNITY TO HAVE ACCESS TO AN ADVISOR OF THEIR CHOICE,
WHERE PARTICIPATION OF THE ADVISOR IN ANY PROCEEDING SHALL BE IN COMPLI-
ANCE WITH APPLICABLE FEDERAL LAWS AND THE STUDENT CODE OF CONDUCT.
  (2)  THE  RIGHT  TO A PROMPT RESPONSE TO ANY COMPLAINT AND TO HAVE THE
COMPLAINT INVESTIGATED AND ADJUDICATED  IN  AN  IMPARTIAL,  TIMELY,  AND
THOROUGH MANNER BY INDIVIDUALS WHO RECEIVE ANNUAL TRAINING IN CONDUCTING
INVESTIGATIONS  OF  SEXUAL  VIOLENCE,  THE  EFFECTS OF TRAUMA, AND OTHER
ISSUES RELATED TO SEXUAL VIOLENCE INCLUDING BUT NOT  LIMITED  TO  SEXUAL
ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING.
  (3) THE RIGHT TO AN INVESTIGATION AND PROCESS THAT IS FAIR, IMPARTIAL,
AND PROVIDES A MEANINGFUL OPPORTUNITY TO BE HEARD.
  (4)  THE  RIGHT TO RECEIVE WRITTEN OR ELECTRONIC NOTICE OF ANY MEETING
OR HEARING THEY ARE REQUIRED TO OR ARE ELIGIBLE TO ATTEND.
  (5) THE RIGHT TO HAVE A CONDUCT PROCESS RUN CONCURRENTLY WITH A CRIMI-
NAL JUSTICE INVESTIGATION AND PROCEEDING, EXCEPT FOR TEMPORARY DELAYS AS
REQUESTED BY EXTERNAL MUNICIPAL ENTITIES WHILE LAW  ENFORCEMENT  GATHERS
EVIDENCE.  TO  COMPLY WITH FEDERAL LAW, TEMPORARY DELAYS SHOULD NOT LAST
MORE THAN TEN DAYS EXCEPT WHEN LAW ENFORCEMENT SPECIFICALLY REQUESTS AND
JUSTIFIES A LONGER DELAY.
  (6) THE RIGHT TO REVIEW AVAILABLE EVIDENCE IN THE CASE FILE.

S. 2006                            64                            A. 3006

  (7) THE RIGHT TO A RANGE OF OPTIONS FOR PROVIDING TESTIMONY VIA ALTER-
NATIVE ARRANGEMENTS, INCLUDING TELEPHONE/VIDEOCONFERENCING OR TESTIFYING
WITH A ROOM PARTITION.
  (8)  THE  RIGHT  TO EXCLUDE PRIOR SEXUAL HISTORY OR PAST MENTAL HEALTH
HISTORY FROM ADMITTANCE IN THE COLLEGE DISCIPLINARY  STAGE  THAT  DETER-
MINES RESPONSIBILITY. PAST SEXUAL VIOLENCE FINDINGS MAY BE ADMISSIBLE IN
THE DISCIPLINARY STAGE THAT DETERMINES SANCTION.
  (9) THE RIGHT TO ASK QUESTIONS OF THE DECISION MAKER AND VIA THE DECI-
SION MAKER INDIRECTLY REQUEST RESPONSES FROM OTHER PARTIES AND ANY OTHER
WITNESSES PRESENT.
  (10)  THE  RIGHT  TO  MAKE AN IMPACT STATEMENT DURING THE POINT OF THE
PROCEEDING WHERE THE DECISION MAKER IS DELIBERATING ON APPROPRIATE SANC-
TIONS.
  (11) THE RIGHT TO SIMULTANEOUS (AMONG THE PARTIES)  WRITTEN  OR  ELEC-
TRONIC  NOTIFICATION  OF  THE OUTCOME OF A CONDUCT PROCEEDING, INCLUDING
THE SANCTION OR SANCTIONS.
  (12) THE RIGHT TO KNOW THE SANCTION OR SANCTIONS THAT MAY  BE  IMPOSED
ON  THE ACCUSED BASED UPON THE OUTCOME OF THE CONDUCT PROCEEDING AND THE
REASON FOR THE ACTUAL SANCTION IMPOSED. FOR STUDENTS  FOUND  RESPONSIBLE
FOR  COMMITTING  SEXUAL ASSAULT, THE AVAILABLE SANCTIONS SHALL BE EITHER
IMMEDIATE SUSPENSION WITH ADDITIONAL REQUIREMENTS OR EXPULSION.
  C. THE RIGHT TO CHOOSE WHETHER TO DISCLOSE OR DISCUSS THE OUTCOME OF A
CONDUCT HEARING.
  S 6444. CAMPUS CLIMATE ASSESSMENTS. 1.  EACH  COLLEGE  AND  UNIVERSITY
SHALL  CONDUCT A CAMPUS CLIMATE ASSESSMENT AIMED AT ASCERTAINING GENERAL
AWARENESS AND KNOWLEDGE OF PROVISIONS OF THIS ARTICLE,  DEVELOPED  USING
STANDARD  AND  COMMONLY  RECOGNIZED  RESEARCH METHODS, AND SHALL CONDUCT
SUCH ASSESSMENT NO LESS THAN EVERY OTHER YEAR.
  2. THE ASSESSMENT  SHALL  INCLUDE  QUESTIONS  COVERING  AT  LEAST  THE
FOLLOWING  TOPICS REGARDING STUDENT AND EMPLOYEE KNOWLEDGE ABOUT (A) THE
TITLE IX COORDINATOR'S ROLE; (B) CAMPUS POLICIES AND PROCEDURES ADDRESS-
ING SEXUAL ASSAULT; (C) HOW AND WHERE TO REPORT  SEXUAL  VIOLENCE  AS  A
VICTIM,  SURVIVOR  OR  WITNESS; (D) THE AVAILABILITY OF RESOURCES ON AND
OFF CAMPUS, SUCH AS COUNSELING, HEALTH, AND ACADEMIC ASSISTANCE; (E) THE
PREVALENCE OF VICTIMIZATION AND PERPETRATION OF SEXUAL ASSAULT, DOMESTIC
VIOLENCE, DATING VIOLENCE, AND STALKING ON AND OFF CAMPUS DURING  A  SET
TIME  PERIOD;  (F)  BYSTANDER  ATTITUDES  AND  BEHAVIOR; AND (G) WHETHER
VICTIMS AND SURVIVORS REPORTED  TO  THE  COLLEGE  OR  UNIVERSITY  AND/OR
POLICE, AND REASONS WHY THEY DID OR DID NOT REPORT.
  3. EACH COLLEGE AND UNIVERSITY SHALL TAKE STEPS TO ENSURE THAT ANSWERS
TO  SUCH  ASSESSMENTS  REMAIN  ANONYMOUS AND NO INDIVIDUAL RESPONDENT IS
IDENTIFIED.
  4. EACH COLLEGE AND UNIVERSITY SHALL PUBLISH DETAILED RESULTS OF  SUCH
SURVEYS  ON THEIR INTERNET WEBSITE PROVIDED THAT NO PERSONALLY IDENTIFI-
ABLE INFORMATION OR INFORMATION WHICH CAN REASONABLY LEAD  A  READER  TO
IDENTIFY AN INDIVIDUAL RESPONDENT SHALL BE SHARED.
  5.  NOTHING  IN THIS SECTION SHALL BE SUBJECT TO DISCOVERY OR ADMITTED
INTO EVIDENCE IN A FEDERAL OR STATE COURT PROCEEDING OR  CONSIDERED  FOR
OTHER  PURPOSES  IN  ANY  ACTION  FOR DAMAGES BROUGHT BY A PRIVATE PARTY
AGAINST A COLLEGE OR UNIVERSITY.
  S 6445. OPTIONS FOR CONFIDENTIAL DISCLOSURE. IN  ACCORDANCE  WITH  THE
VICTIM/SURVIVOR  BILL  OF RIGHTS SET FORTH IN SECTION SIXTY-FOUR HUNDRED
FORTY-TWO OF THIS ARTICLE, EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT
VICTIMS AND SURVIVORS HAVE THE FOLLOWING  INFORMATION:  (A)  INFORMATION
REGARDING PRIVILEGED AND CONFIDENTIAL RESOURCES THEY MAY CONTACT REGARD-
ING  VIOLENCE;  (B)  INFORMATION  ABOUT  NON-PROFESSIONAL COUNSELORS AND

S. 2006                            65                            A. 3006

ADVOCATES THEY MAY CONTACT REGARDING  VIOLENCE;  (C)  A  PLAIN  LANGUAGE
EXPLANATION  OF THE DIFFERENCES BETWEEN PRIVACY AND CONFIDENTIALITY; (D)
INFORMATION ABOUT HOW THE COLLEGE OR UNIVERSITY WILL WEIGH A REQUEST FOR
CONFIDENTIALITY AND RESPOND TO SUCH A REQUEST. SUCH INFORMATION SHALL AT
MINIMUM  INCLUDE  THAT  IF  A VICTIM/SURVIVOR DISCLOSES AN INCIDENT TO A
COLLEGE OR UNIVERSITY EMPLOYEE WHO IS RESPONSIBLE FOR RESPONDING  TO  OR
REPORTING  SEXUAL  VIOLENCE OR SEXUAL HARASSMENT, BUT WISHES TO MAINTAIN
CONFIDENTIALITY OR DOES NOT CONSENT  TO  THE  INSTITUTION'S  REQUEST  TO
INITIATE  AN  INVESTIGATION,  THE  TITLE  IX  COORDINATOR MUST WEIGH THE
REQUEST AGAINST THE COLLEGE OR  UNIVERSITY'S  OBLIGATION  TO  PROVIDE  A
SAFE,  NON-DISCRIMINATORY  ENVIRONMENT FOR ALL MEMBERS OF ITS COMMUNITY.
THE COLLEGE OR UNIVERSITY WILL ASSIST WITH ACADEMIC, HOUSING,  TRANSPOR-
TATION,  EMPLOYMENT,  AND  OTHER REASONABLE AND AVAILABLE ACCOMMODATIONS
REGARDLESS OF REPORTING CHOICES. THE  COLLEGE  OR  UNIVERSITY  MAY  TAKE
PROACTIVE STEPS, SUCH AS TRAINING OR AWARENESS EFFORTS, TO COMBAT SEXUAL
VIOLENCE  IN  A GENERAL WAY THAT DOES NOT IDENTIFY THOSE WHO DISCLOSE OR
THE INFORMATION DISCLOSED. THE COLLEGE OR UNIVERSITY  MAY  SEEK  CONSENT
FROM  THOSE WHO DISCLOSE PRIOR TO CONDUCTING AN INVESTIGATION. DECLINING
TO CONSENT TO AN INVESTIGATION WILL BE HONORED  UNLESS  THE  COLLEGE  OR
UNIVERSITY DETERMINES IN GOOD FAITH THAT FAILURE TO INVESTIGATE DOES NOT
ADEQUATELY MITIGATE A POTENTIAL RISK OF HARM TO THE DISCLOSING PERSON OR
OTHER  MEMBERS  OF  THE COMMUNITY. HONORING SUCH A REQUEST MAY LIMIT THE
COLLEGE OR UNIVERSITY'S ABILITY TO MEANINGFULLY INVESTIGATE  AND  PURSUE
CONDUCT  ACTION AGAINST AN ACCUSED INDIVIDUAL. IF THE COLLEGE OR UNIVER-
SITY DETERMINES THAT AN INVESTIGATION IS REQUIRED, IT  WILL  NOTIFY  THE
DISCLOSING  PERSON AND TAKE IMMEDIATE ACTION AS NECESSARY TO PROTECT AND
ASSIST THEM. FACTORS USED TO DETERMINE WHETHER TO HONOR A CONFIDENTIALI-
TY REQUEST INCLUDE, BUT ARE NOT LIMITED TO: (1) WHETHER THE ACCUSED  HAS
A  HISTORY  OF VIOLENT BEHAVIOR OR IS A REPEAT OFFENDER; (2) WHETHER THE
INCIDENT REPRESENTS ESCALATION IN UNLAWFUL  CONDUCT  ON  BEHALF  OF  THE
ACCUSED  FROM PREVIOUSLY NOTED BEHAVIOR; (3) THE INCREASED RISK THAT THE
ACCUSED WILL COMMIT ADDITIONAL ACTS OF VIOLENCE; (4) WHETHER THE ACCUSED
USED A WEAPON OR FORCE; (5) WHETHER THE VICTIM/SURVIVOR IS A MINOR;  AND
(6)  WHETHER  THE  COLLEGE OR UNIVERSITY POSSESSES OTHER MEANS TO OBTAIN
EVIDENCE SUCH AS SECURITY FOOTAGE,  AND  WHETHER  AVAILABLE  INFORMATION
REVEALS A PATTERN OF PERPETRATION AT A GIVEN LOCATION OR BY A PARTICULAR
GROUP;  (E)  INFORMATION  ABOUT  PUBLIC  AWARENESS  AND ADVOCACY EVENTS,
INCLUDING GUARANTEES THAT IF AN INDIVIDUAL DISCLOSES INFORMATION THROUGH
A PUBLIC AWARENESS EVENT SUCH AS CANDLELIGHT VIGILS, PROTESTS, OR  OTHER
PUBLIC  EVENT,  THE  COLLEGE  OR UNIVERSITY IS NOT OBLIGATED TO BEGIN AN
INVESTIGATION BASED ON SUCH INFORMATION. THE COLLEGE OR  UNIVERSITY  MAY
USE  THE INFORMATION PROVIDED AT SUCH AN EVENT TO INFORM ITS EFFORTS FOR
ADDITIONAL EDUCATION AND PREVENTION EFFORTS; (F) INFORMATION ABOUT METH-
ODS TO ANONYMOUSLY DISCLOSE INCLUDING BUT NOT LIMITED TO INFORMATION  ON
RELEVANT  CONFIDENTIAL  HOTLINES PROVIDED BY NEW YORK STATE AGENCIES AND
NOT-FOR-PROFIT ENTITIES; (G) INFORMATION REGARDING  INSTITUTIONAL  CRIME
REPORTING INCLUDING BUT NOT LIMITED TO: REPORTS OF CERTAIN CRIMES OCCUR-
RING  IN  SPECIFIC  GEOGRAPHIC  LOCATIONS  THAT SHALL BE INCLUDED IN THE
COLLEGE OR UNIVERSITY ANNUAL SECURITY REPORT PURSUANT TO THE CLERY  ACT,
20  U.S.C.  1092(F), IN AN ANONYMIZED MANNER THAT NEITHER IDENTIFIES THE
SPECIFICS OF THE CRIME OR THE IDENTITY OF THE VICTIM/SURVIVOR; THAT  THE
COLLEGE  OR  UNIVERSITY  IS OBLIGATED TO ISSUE TIMELY WARNINGS OF CRIMES
ENUMERATED IN THE CLERY ACT OCCURRING  WITHIN  RELEVANT  GEOGRAPHY  THAT
REPRESENT  A  SERIOUS  OR  CONTINUING  THREAT TO STUDENTS AND EMPLOYEES,
EXCEPT IN THOSE CIRCUMSTANCES WHERE ISSUING SUCH A WARNING  MAY  COMPRO-
MISE  CURRENT  LAW  ENFORCEMENT EFFORTS OR WHEN THE WARNING ITSELF COULD

S. 2006                            66                            A. 3006

POTENTIALLY IDENTIFY THE VICTIM/SURVIVOR;  THAT  A  VICTIM  OR  SURVIVOR
SHALL NOT BE IDENTIFIED IN A TIMELY WARNING; THAT THE FAMILY EDUCATIONAL
RIGHTS  AND PRIVACY ACT, 20 U.S.C. 1232(G), ALLOWS INSTITUTIONS TO SHARE
INFORMATION WITH PARENTS WHEN (1) THERE IS A HEALTH OR SAFETY EMERGENCY,
OR  (2)  WHEN  THE  STUDENT IS A DEPENDENT ON EITHER PARENT'S PRIOR YEAR
FEDERAL INCOME TAX RETURN, AND THAT GENERALLY, THE COLLEGE OR UNIVERSITY
SHALL NOT SHARE INFORMATION ABOUT  A  REPORT  OF  SEXUAL  VIOLENCE  WITH
PARENTS WITHOUT THE PERMISSION OF THE VICTIM/SURVIVOR.
  S  6446. STUDENT ONBOARDING AND ONGOING EDUCATION. 1. EACH COLLEGE AND
UNIVERSITY SHALL ADOPT A COMPREHENSIVE STUDENT  ONBOARDING  AND  ONGOING
EDUCATION  CAMPAIGN  TO  EDUCATE  MEMBERS  OF  THE COLLEGE OR UNIVERSITY
COMMUNITY ABOUT SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING  VIOLENCE  AND
STALKING,  IN  COMPLIANCE  WITH  APPLICABLE  FEDERAL LAWS, INCLUDING THE
CLERY ACT AS AMENDED BY THE VIOLENCE AGAINST WOMEN  ACT  REAUTHORIZATION
OF 2013, 20 U.S.C. 1092(F).
  2.  INCLUDED  IN  THIS CAMPAIGN IT SHALL BE A REQUIREMENT THAT ALL NEW
FIRST-YEAR AND TRANSFER STUDENTS  SHALL,  DURING  THE  COURSE  OF  THEIR
ONBOARDING  TO  THEIR  COLLEGE  OR  UNIVERSITY,  RECEIVE TRAINING ON THE
FOLLOWING TOPICS, USING A METHOD AND MANNER APPROPRIATE TO THE  INSTITU-
TIONAL CULTURE OF EACH COLLEGE OR UNIVERSITY: (A) THE COLLEGE OR UNIVER-
SITY  PROHIBITS  SEXUAL  HARASSMENT,  INCLUDING  SEXUAL  VIOLENCE, OTHER
VIOLENCE OR THREATS OF VIOLENCE, AND WILL OFFER RESOURCES TO ANY VICTIMS
AND SURVIVORS OF SUCH VIOLENCE WHILE TAKING ADMINISTRATIVE  AND  CONDUCT
ACTION  REGARDING  ANY ACCUSED INDIVIDUAL WITHIN THE JURISDICTION OF THE
COLLEGE OR UNIVERSITY;  (B)  RELEVANT  DEFINITIONS  INCLUDING,  BUT  NOT
LIMITED TO, THE DEFINITIONS OF SEXUAL VIOLENCE AND CONSENT; (C) POLICIES
APPLY  EQUALLY  TO ALL STUDENTS REGARDLESS OF SEXUAL ORIENTATION, GENDER
IDENTITY, OR GENDER EXPRESSION; (D) THE ROLE OF THE TITLE  IX  COORDINA-
TOR,  UNIVERSITY  POLICE  OR CAMPUS SECURITY, AND OTHER RELEVANT OFFICES
THAT ADDRESS SEXUAL VIOLENCE PREVENTION AND RESPONSE; (E)  AWARENESS  OF
VIOLENCE,  ITS  IMPACT  ON  VICTIMS  AND SURVIVORS AND THEIR FRIENDS AND
FAMILY, AND ITS LONG-TERM IMPACT; (F) THE POLICIES REQUIRED BY  SECTIONS
SIXTY-FOUR HUNDRED FORTY-THREE AND SIXTY-FOUR HUNDRED FORTY-FOUR OF THIS
ARTICLE,  INCLUDING:  (1) HOW TO REPORT SEXUAL VIOLENCE AND OTHER CRIMES
CONFIDENTIALLY TO COLLEGE OR UNIVERSITY OFFICIALS, CAMPUS  LAW  ENFORCE-
MENT  AND  SECURITY,  AND  LOCAL  LAW ENFORCEMENT; AND (2) HOW TO OBTAIN
SERVICES AND SUPPORT; (G) BYSTANDER INTERVENTION AND THE  IMPORTANCE  OF
TAKING  ACTION,  WHEN ONE CAN SAFELY DO SO, TO PREVENT VIOLENCE; (H) THE
PROTECTIONS OF THE POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY IN  SEXUAL
VIOLENCE  CASES  AS  OUTLINED IN SECTION SIXTY-FOUR HUNDRED FORTY-ONE OF
THIS ARTICLE; (I) RISK  ASSESSMENT  AND  REDUCTION  INCLUDING,  BUT  NOT
LIMITED  TO,  STEPS  THAT POTENTIAL VICTIMS AND SURVIVORS AND BYSTANDERS
CAN TAKE TO LOWER THE INCIDENCE OF SEXUAL VIOLENCE; AND (J) CONSEQUENCES
AND SANCTIONS FOR INDIVIDUALS WHO COMMIT THESE CRIMES.
  3. EACH COLLEGE AND UNIVERSITY SHALL CONDUCT THESE TRAININGS  FOR  ALL
NEW  STUDENTS,  WHETHER FIRST-YEAR OR TRANSFER, UNDERGRADUATE, GRADUATE,
OR PROFESSIONAL.
  4. EACH COLLEGE AND UNIVERSITY SHALL USE MULTIPLE METHODS  TO  EDUCATE
STUDENTS  ABOUT  VIOLENCE  PREVENTION AND WILL ALSO SHARE INFORMATION ON
SEXUAL VIOLENCE PREVENTION WITH PARENTS OF ENROLLING STUDENTS.
  5. EACH COLLEGE AND UNIVERSITY SHALL OFFER TO ALL STUDENTS GENERAL AND
SPECIALIZED TRAINING IN SEXUAL VIOLENCE  PREVENTION.  EACH  COLLEGE  AND
UNIVERSITY  SHALL CONDUCT A CAMPAIGN, COMPLIANT WITH THE REQUIREMENTS OF
THE VIOLENCE AGAINST WOMEN ACT, 20  U.S.C.    1092(F),  TO  EDUCATE  THE
STUDENT  POPULATION.  FURTHER,  EACH  COLLEGE  AND  UNIVERSITY SHALL, AS
APPROPRIATE, PROVIDE OR EXPAND SPECIFIC TRAINING TO INCLUDE GROUPS  SUCH

S. 2006                            67                            A. 3006

AS INTERNATIONAL STUDENTS, STUDENTS THAT ARE ALSO EMPLOYEES, LEADERS AND
OFFICERS  OF  REGISTERED OR RECOGNIZED STUDENT ORGANIZATIONS, AND ONLINE
AND DISTANCE EDUCATION STUDENTS. EACH COLLEGE AND UNIVERSITY SHALL  ALSO
PROVIDE  SPECIFIC  TRAINING TO MEMBERS OF GROUPS IDENTIFIED AS LIKELY TO
ENGAGE IN HIGH-RISK BEHAVIOR.
  6. EACH COLLEGE AND UNIVERSITY SHALL REQUIRE THAT STUDENT LEADERS  AND
OFFICERS  OF  STUDENT ORGANIZATIONS RECOGNIZED BY OR REGISTERED WITH THE
COLLEGE OR UNIVERSITY, AS WELL  AS  THOSE  SEEKING  RECOGNITION  BY  THE
COLLEGE  OR  UNIVERSITY, COMPLETE TRAINING ON SEXUAL VIOLENCE PREVENTION
AS PART OF THE APPROVAL PROCESS, AND EACH COLLEGE AND  UNIVERSITY  SHALL
REQUIRE  THAT  STUDENT-ATHLETES  COMPLETE  TRAINING  ON  SEXUAL VIOLENCE
PREVENTION PRIOR TO PARTICIPATING IN INTERCOLLEGIATE  ATHLETIC  COMPETI-
TION.
  7. METHODS OF TRAINING AND EDUCATING STUDENTS MAY INCLUDE, BUT ARE NOT
LIMITED TO: (A) PRESIDENT'S WELCOME MESSAGING; (B) PEER THEATER AND PEER
EDUCATIONAL  PROGRAMS;  (C)  ONLINE TRAINING; (D) SOCIAL MEDIA OUTREACH;
(E) FIRST-YEAR SEMINARS AND TRANSITIONAL COURSES;  (F)  COURSE  SYLLABI;
(G)  FACULTY TEACH-INS; (H) INSTITUTION-WIDE READING PROGRAMS; (I) POST-
ERS, BULLETIN BOARDS, AND OTHER TARGETED PRINT AND EMAIL MATERIALS;  (J)
PROGRAMMING  SURROUNDING  LARGE  RECURRING CAMPUS EVENTS; (K) PARTNERING
WITH NEIGHBORING COLLEGES AND UNIVERSITIES TO OFFER TRAINING AND  EDUCA-
TION;  (L)  PARTNERING WITH STATE AND LOCAL COMMUNITY ORGANIZATIONS THAT
PROVIDE OUTREACH, SUPPORT, CRISIS  INTERVENTION,  COUNSELING  AND  OTHER
RESOURCES  TO  VICTIMS  AND  SURVIVORS  OF  CRIMES TO OFFER TRAINING AND
EDUCATION; AND (M) OUTREACH AND PARTNERING WITH  LOCAL  BUSINESSES  THAT
ATTRACT STUDENTS TO ADVERTISE AND EDUCATE ABOUT THESE POLICIES.
  8. EACH COLLEGE AND UNIVERSITY MUST ENGAGE IN AN OCCASIONAL ASSESSMENT
OF  ITS  PROGRAM AND POLICIES ESTABLISHED PURSUANT TO PROVISIONS OF THIS
ARTICLE, IN ORDER TO DETERMINE EFFECTIVENESS AND RELEVANCE FOR STUDENTS,
BY EITHER ASSESSING ITS OWN PROGRAMMING OR BY  CONDUCTING  A  REVIEW  OF
POLICIES OF OTHER COLLEGES AND UNIVERSITIES AND PUBLISHED STUDIES.
  S  6447.  PRIVACY  IN  LEGAL  CHALLENGES  TO  CONDUCT FINDINGS. IN ANY
PROCEEDING BROUGHT AGAINST A COLLEGE  OR  UNIVERSITY  CHARTERED  BY  THE
REGENTS  OR  INCORPORATED  BY  SPECIAL  ACT OF THE LEGISLATURE AND WHICH
MAINTAINS A CAMPUS, CHALLENGING A FINDING THAT A STUDENT WAS RESPONSIBLE
FOR A VIOLATION OF THE COLLEGE OR UNIVERSITY RULES,  THE  PLEADINGS  AND
OTHER  PAPERS OF SUCH A PROCEEDING SHALL NOT NAME OR PROVIDE IDENTIFYING
INFORMATION ABOUT TESTIFYING WITNESSES (INCLUDING A VICTIM  OR  SURVIVOR
OF A CRIME) WITH THE EXCEPTION OF THE PETITIONER, INDIVIDUALS TESTIFYING
IN  THEIR  PROFESSIONAL OR EXPERT CAPACITY, AND WITNESSES WHO WAIVE THIS
RIGHT TO PRIVACY IN A  NOTARIZED  INSTRUMENT  PRESENTED  TO  THE  COURT.
WITNESSES SHALL BE IDENTIFIED ONLY AS NUMBERED WITNESSES.
  S  2.  This act shall take effect immediately; provided, however, that
sections  sixty-four  hundred  thirty-nine,  sixty-four  hundred  forty,
sixty-four  hundred  forty-two, sixty-four hundred forty-four and sixty-
four hundred forty-five of article 29-B of the education law,  as  added
by  section one of this act, shall take effect on the one hundred eight-
ieth day after it shall have become a law; sections  sixty-four  hundred
forty-one and sixty-four hundred forty-six of article 29-B of the educa-
tion  law, as added by section one of this act, shall take effect on the
sixtieth day after it shall have become a law,  and  section  sixty-four
hundred  forty-three  of  article 29-B of the education law, as added by
section one of this act, shall take effect on the four  hundred  twenty-
fifth day after it shall have become a law.

                                 PART I

S. 2006                            68                            A. 3006

  Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
section 131-o of the social services law, as amended  by  section  1  of
part  E  of  chapter  58  of  the  laws  of 2014, are amended to read as
follows:
  (a)  in  the  case of each individual receiving family care, an amount
equal to at least [$139.00] $141.00 for each month beginning on or after
January first, two thousand [fourteen] FIFTEEN.
  (b) in the case of each  individual  receiving  residential  care,  an
amount  equal  to at least [$160.00] $163.00 for each month beginning on
or after January first, two thousand [fourteen] FIFTEEN.
  (c) in the case of  each  individual  receiving  enhanced  residential
care,  an  amount  equal  to  at  least [$190.00] $193.00 for each month
beginning on or after January first, two thousand [fourteen] FIFTEEN.
  (d) for the period commencing January first,  two  thousand  [fifteen]
SIXTEEN,  the  monthly personal needs allowance shall be an amount equal
to the sum of the amounts set forth in subparagraphs one and two of this
paragraph:
  (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
subdivision; and
  (2)  the  amount  in subparagraph one of this paragraph, multiplied by
the percentage of any  federal  supplemental  security  income  cost  of
living adjustment which becomes effective on or after January first, two
thousand  [fifteen]  SIXTEEN,  but prior to June thirtieth, two thousand
[fifteen] SIXTEEN, rounded to the nearest whole dollar.
  S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
section  209 of the social services law, as amended by section 2 of part
E of chapter 58 of the laws of 2014, are amended to read as follows:
  (a) On and after January first, two thousand [fourteen]  FIFTEEN,  for
an  eligible  individual  living  alone,  [$808.00]  $820.00; and for an
eligible couple living alone, [$1186.00] $1204.00.
  (b) On and after January first, two thousand [fourteen]  FIFTEEN,  for
an  eligible  individual  living  with  others  with  or without in-kind
income, [$744.00] $756.00; and for an eligible couple living with others
with or without in-kind income, [$1128.00] $1146.00.
  (c) On and after January first, two thousand [fourteen]  FIFTEEN,  (i)
for  an  eligible individual receiving family care, [$987.48] $999.48 if
he or she is receiving such care in the city of New York or  the  county
of  Nassau,  Suffolk,  Westchester or Rockland; and (ii) for an eligible
couple receiving family care in the city of New York or  the  county  of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual  receiving  such  care  in  any other county in the state, [$949.48]
$961.48; and (iv) for an eligible couple  receiving  such  care  in  any
other  county  in  the state, two times the amount set forth in subpara-
graph (iii) of this paragraph.
  (d) On and after January first, two thousand [fourteen]  FIFTEEN,  (i)
for  an  eligible  individual  receiving  residential  care,  [$1156.00]
$1168.00 if he or she is receiving such care in the city of New York  or
the  county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
eligible couple receiving residential care in the city of  New  York  or
the  county  of  Nassau, Suffolk, Westchester or Rockland, two times the
amount set forth in subparagraph (i) of this paragraph; or (iii) for  an
eligible  individual  receiving  such  care  in  any other county in the
state, [$1126.00] $1138.00; and (iv) for an  eligible  couple  receiving
such  care  in  any  other county in the state, two times the amount set
forth in subparagraph (iii) of this paragraph.

S. 2006                            69                            A. 3006

  (e) (i) On and after January first, two thousand  [fourteen]  FIFTEEN,
for   an   eligible  individual  receiving  enhanced  residential  care,
[$1415.00] $1427.00; and (ii) for an eligible couple receiving  enhanced
residential  care, two times the amount set forth in subparagraph (i) of
this paragraph.
  (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision  shall  be  increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which  become
effective  on or after January first, two thousand [fifteen] SIXTEEN but
prior to June thirtieth, two thousand [fifteen] SIXTEEN.
  S 3. This act shall take effect December 31, 2015.

                                 PART J

  Section 1. 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 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
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

S. 2006                            70                            A. 3006

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.
  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 125.27 (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
EIGHTEEN, 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   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-

S. 2006                            71                            A. 3006

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  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);  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 years of age; or such conduct committed as a sexually  motivated
felony,  where  authorized  pursuant to section 130.91 of the penal law;
(iii) defined in the penal law as an attempt to  commit  murder  in  the
first  or second degree or kidnapping in the first degree committed by a
person thirteen, fourteen or fifteen  years  of  age;  or  such  conduct
committed  as  a sexually 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 years of age but only where there has been a prior
finding by a court that such person  has  previously  committed  an  act
which,  if  committed  by an adult, would be the crime of assault in the
second degree, robbery in the second degree or any designated felony act
specified in paragraph (i), (ii), or (iii) of this  subdivision  regard-
less  of  the  age  of  such person at the time of the commission of the
prior act; [or] (vi) other than a misdemeanor committed by a  person  at
least  [seven] TWELVE but less than [sixteen] SEVENTEEN years of age, OR
COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN 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 felo-
ny; OR (VII) THAT CONSTITUTES A CLASS A FELONY; A VIOLENT FELONY OFFENSE
AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW; A FELO-
NY  OFFENSE  DEFINED  IN ARTICLE ONE HUNDRED TWENTY-FIVE OR FOUR HUNDRED
NINETY OF THE PENAL LAW; VEHICULAR  ASSAULT  IN  THE  SECOND  DEGREE  AS
DEFINED  IN  SECTION  120.03  OF THE PENAL LAW; VEHICULAR ASSAULT IN THE
FIRST DEGREE AS DEFINED IN SECTION 120.04 OF THE PENAL  LAW;  AGGRAVATED
VEHICULAR  ASSAULT  AS  DEFINED  IN  SECTION  120.04-A OF THE PENAL LAW;
MURDER IN THE SECOND DEGREE AS DEFINED IN SUBDIVISIONS ONE  AND  TWO  OF
SECTION 125.25 OF THE PENAL LAW 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; A SPECIFIED OFFENSE DEFINED
IN SUBDIVISION TWO OF SECTION 130.90 OF THE PENAL LAW WHEN COMMITTED  AS

S. 2006                            72                            A. 3006

A  SEXUALLY  MOTIVATED  FELONY;  TAMPERING  WITH  A WITNESS IN THE THIRD
DEGREE AS DEFINED BY SECTION 215.11, TAMPERING WITH  A  WITNESS  IN  THE
SECOND  DEGREE AS DEFINED BY SECTION 215.12, OR TAMPERING WITH A WITNESS
IN  THE  FIRST  DEGREE  AS  DEFINED  BY SECTION 215.13 OF THE PENAL LAW,
PROVIDED SUCH OFFENSE IS COMMITTED IN RELATION TO A CRIMINAL  PROCEEDING
FOR  AN  OFFENSE OR AN ATTEMPT OR CONSPIRACY TO COMMIT AN OFFENSE SPECI-
FIED IN THIS SUBDIVISION; AGGRAVATED CRIMINAL  CONTEMPT  AS  DEFINED  IN
SECTION  215.52  OF THE PENAL LAW; OR AN ATTEMPT OR CONSPIRACY TO COMMIT
ANY OFFENSE SPECIFIED IN THIS  SUBDIVISION,  PROVIDED  SUCH  ATTEMPT  OR
CONSPIRACY  IS  A  FELONY  COMMITTED  BY  A PERSON SIXTEEN YEARS OLD OR,
COMMENCING JANUARY FIRST, TWO THOUSAND  EIGHTEEN  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 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.
  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 care or, if such legally  responsible
person  is  unavailable  the person with whom the child resides, that he
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-

S. 2006                            73                            A. 3006

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 may take the child to a facility designated by the chief  admin-
istrator  of the courts as a suitable place for the questioning of chil-
dren or, upon the consent of a parent or other person legally  responsi-
ble  for  the  care  of  the  child,  to the child's residence and there
question him 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)  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

S. 2006                            74                            A. 3006

release a child in custody before the filing of a petition to the custo-
dy of his parents or other person legally responsible for his  care,  or
if such legally responsible person is unavailable, to a person with whom
he  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 parents or other person legally
responsible for his care, or  if  such  legally  responsible  person  is
unavailable, to a person with whom he resides, when the events occasion-
ing 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 HARM 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 HARM 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.
  3. If a child is released under this section, the child and the person
legally  responsible for his care shall be issued a family court appear-
ance 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. Paragraph (c) of subdivision 4 of section 307.4  of  the  family
court  act,  as  added by chapter 920 of the laws of 1982, is amended to
read as follows:
  (c) the events occasioning the taking into custody appear  to  involve
acts  which  constitute juvenile delinquency, unless the court finds and
states facts and reasons which would support a detention order  pursuant
to  section  320.5, OR, IN THE CASE OF A JUVENILE WHO IS CHARGED WITH AN
ACT ALLEGEDLY COMMITTED WHEN HE OR SHE WAS SIXTEEN YEARS OF AGE OR OLDER
THAT WOULD CONSTITUTE A CRIME IF COMMITTED BY AN  ADULT,  AN  ORDER  FOR
BAIL PURSUANT TO SECTION 320.5 OF THIS ARTICLE.

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  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,] 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
YOUTH  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 YOUTH 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 ARTICLE.
  (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.
  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

S. 2006                            76                            A. 3006

degree),  subdivision one or two of section 130.65, (sexual abuse in the
first degree), section 135.65, (coercion in the first  degree),  section
140.20,  (burglary  in  the third degree), section 150.10, (arson in the
third  degree),  section 160.05, (robbery in the third degree), subdivi-
sion two, three or four of section 265.02,  (criminal  possession  of  a
weapon  in  the third degree), section 265.03, (criminal possession of a
weapon in the second degree), or section 265.04, (criminal possession of
a [dangerous] weapon in the first degree) of the  penal  law  where  the
child has previously had one or more adjustments of a case in which such
child  allegedly  committed  an  act which would be a crime specified in
this subdivision unless it has received written approval from the  court
and the appropriate presentment agency.
  5. The fact that a child is detained prior to the filing of a petition
shall  not  preclude  the  probation service from adjusting a case; upon
adjusting such a case the probation service shall notify  the  detention
facility to release the child.
  6.  The  probation service shall not transmit or otherwise communicate
to the presentment agency any statement made by the child to a probation
officer. However,  the  probation  service  may  make  a  recommendation
regarding  adjustment  of the case to the presentment agency and provide
such information, including any report made by the arresting officer and
record of previous adjustments and arrests, as it shall deem relevant.
  7. No statement made to the probation service prior to the filing of a
petition may be admitted into evidence at a fact-finding hearing or,  if
the  proceeding is transferred to a criminal court, at any time prior to
a conviction.
  8. The probation service may not prevent  any  person  who  wishes  to
request  that  a petition be filed from having access to the appropriate
presentment agency for that purpose.
  9. Efforts at adjustment [pursuant  to  rules  of  court]  under  this
section  may  not extend for a period of more than two months [without],
OR, FOR A PERIOD OF MORE THAN  FOUR  MONTHS  IF  THE  PROBATION  SERVICE
DETERMINES  THAT  ADJUSTMENT  BEYOND  THE  FIRST TWO MONTHS IS WARRANTED
BECAUSE DOCUMENTED BARRIERS TO ADJUSTMENT EXIST OR CHANGES  NEED  TO  BE
MADE TO THE CHILD'S SERVICES PLAN, EXCEPT UPON leave of the court, which
may extend the ADJUSTMENT period for an additional two months.
  10.  If  a case is not adjusted by the probation service, such service
shall notify the appropriate presentment  agency  of  that  fact  within
forty-eight hours or the next court day, whichever occurs later.
  11.  The probation service may not be authorized under this section to
compel any person to appear at any conference, produce  any  papers,  or
visit any place.
  12.  The  probation  service shall certify to the division of criminal
justice services  and  to  the  appropriate  police  department  or  law
enforcement  agency  whenever  it  adjusts a case in which the potential
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-

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five  of  the  criminal procedure law UNLESS IT HAS RECEIVED THE WRITTEN
APPROVAL OF THE COURT.
  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, OR,  (C)  IN  THE
CASE OF A RESPONDENT WHO IS CHARGED WITH AN ACT ALLEGEDLY COMMITTED WHEN
HE  OR  SHE  WAS  SIXTEEN YEARS OF AGE OR OLDER THAT WOULD BE A CRIME IF
COMMITTED BY AN ADULT, OR IN THE CASE OF SUCH A  RESPONDENT  WHOSE  CASE
HAS  BEEN  REMOVED TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED
TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW, FIX BAIL  PURSUANT  TO  PARA-
GRAPH (E) OF SUBDIVISION THREE OF THIS SECTION.
  S  18.  Subdivision  3  of  section  320.5  of the family court act is
amended by adding two new paragraphs (a-1) and (e) 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 HARM 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.
  (E) IN THE CASE OF A RESPONDENT WHO IS CHARGED WITH AN  ACT  ALLEGEDLY
COMMITTED WHEN HE OR SHE WAS SIXTEEN YEARS OF AGE OR OLDER THAT WOULD BE
A  CRIME  IF  COMMITTED BY AN ADULT OR IN THE CASE OF A RESPONDENT WHOSE
CASE HAS BEEN REMOVED TO THE FAMILY  COURT  PURSUANT  TO  ARTICLE  SEVEN
HUNDRED  TWENTY-FIVE  OF  THE CRIMINAL PROCEDURE LAW, IF THE COURT FINDS
THAT THE RESPONDENT  OTHERWISE  MEETS  THE  CRITERIA  FOR  PLACEMENT  IN
DETENTION  AS SET FORTH IN PARAGRAPH (A) OF THIS SECTION AND THAT AVAIL-
ABLE ALTERNATIVES TO DETENTION, INCLUDING CONDITIONAL RELEASE, WOULD NOT
PREVENT SUCH RISK, THE COURT MAY CONSIDER THE RESPONDENT TO BE A PRINCI-
PAL UNDER SUBDIVISION ONE OF SECTION 500.10 OF  THE  CRIMINAL  PROCEDURE
LAW;  FIX  BAIL IN ACCORDANCE WITH SECTION 510.30 OF THE CRIMINAL PROCE-
DURE LAW, AND ORDER BAIL IN ACCORDANCE WITH SECTION 530.10 OF THE CRIMI-
NAL PROCEDURE LAW AND THE RESPONDENT MAY POST BAIL IN  ACCORDANCE  WITH,
AND  OTHERWISE  BE  SUBJECT  TO THE APPLICABLE PROVISIONS OF, TITLE P OF
SUCH LAW.

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  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] 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  expira-
tion  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 repres-
enting  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.
  (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

S. 2006                            79                            A. 3006

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
5 as added by chapter 920 of the laws of 1982, is  amended  to  read  as
follows:
  1.  At  the  initial  appearance,  if  the  respondent denies a charge
contained in the petition and the court determines  IN  ACCORDANCE  WITH
THE  REQUIREMENTS OF SECTION 320.5 OF THIS PART that [he] THE RESPONDENT
shall be detained for more than three days pending a fact-finding  hear-
ing,  the court shall schedule a probable-cause hearing to determine the
issues specified in section 325.3 OF THIS PART.
  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] 722.20  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.
  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  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-
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:

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  (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 HARM 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  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;
  (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.  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

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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
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-

S. 2006                            82                            A. 3006

CATION  SHALL BE PROVIDED ONLY IF THE ACT UPON WHICH THE ADJUDICATION IS
BASED WOULD CONSTITUTE A CLASS A OR B FELONY.
  2.  If  a  person  whose  fingerprints, palmprints or photographs were
taken pursuant to section 306.1 or  was  initially  fingerprinted  as  a
juvenile offender and the action is subsequently removed to family court
pursuant  to article seven hundred twenty-five of the criminal procedure
law has had all petitions disposed of by the family court in any  manner
other  than an adjudication of juvenile delinquency for a felony, but in
the case of acts committed when such person was eleven [or twelve] years
of age which would constitute a class [A or B] A-1 felony only,  OR,  IN
THE  CASE  OF  ACTS  COMMITTED  WHEN SUCH PERSON WAS TWELVE YEARS OF AGE
WHICH WOULD CONSTITUTE A CLASS A OR B  FELONY  ONLY,  all  such  finger-
prints, palmprints, photographs, and copies thereof, and all information
relating  to  such  allegations  obtained  by  the  division of criminal
justice services pursuant to section 306.1 shall be destroyed forthwith.
The clerk of the court shall notify the commissioner of the division  of
criminal  justice  services  and the heads of all police departments and
law enforcement agencies  having  copies  of  such  records,  who  shall
destroy such records without unnecessary delay.
  3. If the appropriate presentment agency does not originate a proceed-
ing  under  section 310.1 for a case in which the potential respondent's
fingerprints were taken pursuant to section 306.1, the presentment agen-
cy shall serve a certification of such action upon the division of crim-
inal justice services, and upon the appropriate police department or law
enforcement agency.
  4. If, following the taking into custody of a person alleged to  be  a
juvenile  delinquent  and  the  taking and forwarding to the division of
criminal justice services of such person's  fingerprints  but  prior  to
referral  to the probation department or to the family court, an officer
or agency, elects not to proceed further, such officer or  agency  shall
serve  a  certification  of  such election upon the division of criminal
justice services.
  5. Upon certification pursuant to subdivision twelve of section  308.1
or  subdivision  three or four of this section, the department or agency
shall destroy forthwith all fingerprints, palmprints,  photographs,  and
copies  thereof, and all other information obtained in the case pursuant
to section 306.1. Upon receipt of such certification,  the  division  of
criminal justice services and all police departments and law enforcement
agencies having copies of such records shall destroy them.
  6. If a person fingerprinted pursuant to section 306.1 and subsequent-
ly  adjudicated  a  juvenile delinquent for a felony, but in the case of
acts committed when such a person was eleven [or twelve]  years  of  age
which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
CONSTITUTE  A  CLASS  A OR B FELONY ONLY, is subsequently convicted of a
crime, all fingerprints and related information obtained by the division
of criminal justice services pursuant to such section and not  destroyed
pursuant  to  subdivisions  two, five and seven or subdivision twelve of
section 308.1 shall become part of such division's permanent adult crim-
inal record for that person, notwithstanding section 381.2 or 381.3.
  7. When a person fingerprinted pursuant to section  306.1  and  subse-
quently  adjudicated a juvenile delinquent for a felony, but in the case
of acts committed when such person was eleven [or twelve] years  of  age
which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
CONSTITUTE  A CLASS A OR B FELONY, reaches the age of twenty-one, or has

S. 2006                            83                            A. 3006

been discharged from placement under this act for at least three  years,
whichever occurs later, and has no criminal convictions or pending crim-
inal  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  agen-
cies  which  forwarded fingerprints to such division pursuant to section
306.1 of their obligation to destroy those records in their  possession.
In  the  case of a pending criminal action which does not terminate in a
criminal conviction, such records shall be destroyed forthwith upon such
determination.
  S 28. Subdivisions 1 and 6 of section 355.3 of the family  court  act,
subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
6  as amended by chapter 663 of the laws of 1985, are amended to read as
follows:
  1. In any case in which the respondent has  been  placed  pursuant  to
section  353.3  the  respondent, the person with whom the respondent has
been placed, the commissioner of social services, or the  [division  for
youth]  OFFICE OF CHILDREN AND FAMILY SERVICES may petition the court to
extend such placement. Such petition shall be filed at least sixty  days
prior  to  the  expiration  of  the period of placement, except for good
cause shown but in no event shall  such  petition  be  filed  after  the
original expiration date.
  6. Successive extensions of placement under this section may be grant-
ed,  but  no  placement may be made or continued beyond the respondent's
eighteenth birthday without the child's consent and in no event past the
child's twenty-first birthday EXCEPT AS PROVIDED FOR IN PARAGRAPH (D) OF
SUBDIVISION TWO 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 first appearance following the filing of a peti-
tion of violation the court must:  (a)  advise  the  respondent  of  the

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contents of the petition and furnish him with a copy thereof; (b) deter-
mine  whether  the respondent should be released or detained pursuant to
section 320.5, PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE  A
RESPONDENT  TO BE DETAINED FOR A VIOLATION OF A CONDITION THAT WOULD NOT
CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT  DETERMINES
(I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFE-
TY  AND  STATES  THE  REASONS  FOR THE FINDING ON THE RECORD OR (II) THE
RESPONDENT IS ON PROBATION FOR AN ACT THAT WOULD  CONSTITUTE  A  VIOLENT
FELONY  AS  DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN
ADULT AND THE USE OF GRADUATED SANCTIONS  HAVE  BEEN  EXHAUSTED  WITHOUT
SUCCESS; and (c) ask the respondent whether he wishes to make any state-
ment with respect to the violation. If the respondent makes a statement,
the court may accept it and base its decision thereon; the provisions of
subdivision  two  of  section 321.3 shall apply in determining whether a
statement should be accepted. If the court does not accept  such  state-
ment  or  if  the  respondent does not make a statement, the court shall
proceed with the hearing. Upon request, the court shall grant a  reason-
able  adjournment  to  the  respondent  to enable him to prepare for the
hearing.
  6. At the conclusion of the hearing the court may revoke, continue  or
modify  the  order  of  probation or conditional discharge. If the court
revokes the order, it shall order a different  disposition  pursuant  to
section  352.2,  PROVIDED,  HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE
THE PLACEMENT OF A RESPONDENT FOR A VIOLATION OF A CONDITION THAT  WOULD
NOT  CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETER-
MINES (I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC
SAFETY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II)  THE
RESPONDENT  IS  ON  PROBATION FOR AN ACT THAT WOULD CONSTITUTE A VIOLENT
FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED  BY  AN
ADULT  AND  THE  USE  OF GRADUATED SANCTIONS HAVE BEEN EXHAUSTED WITHOUT
SUCCESS.  If the court continues the order of probation  or  conditional
discharge, it shall dismiss the petition of violation.
  S  32.  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.

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  (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 violated a law or is
incorrigible, ungovernable or  habitually  disobedient  and  beyond  the
control of his 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
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.

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  S 33. The part heading of part 2 of article 7 of the family court  act
is amended to read as follows:
                         CUSTODY [AND DETENTION]
  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
section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c)
of  subdivision  5  as added by section 8 of part G of chapter 58 of the
laws of 2010, is added to read as follows:
  S 720. Detention 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
forty-seven-a  of  the  social  services  law  as  an   alternative   to
detention.]
  S 35. Section 727 of the family court act is REPEALED.
  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

S. 2006                            87                            A. 3006

419 of the laws of 1987, subdivision (d) as added by chapter 145 of  the
laws  of  2000, paragraph (i) as added and paragraph (ii) of subdivision
(d) as renumbered by section 5 of part E of chapter 57 of  the  laws  of
2005,  and  paragraph (iii) as amended and paragraph (iv) of subdivision
(d) as added by section 10 of subpart B of part Q of chapter 58  of  the
laws of 2011, is amended to read as follows:
  S  728.  Discharge[,] OR 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 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 37. Section 729 of the family court act is REPEALED.
  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, and paragraph (i) of subdivision (d)  as
amended  by  chapter  535  of  the  laws  of 2011, is amended to read as
follows:
  S 735. Preliminary procedure; diversion services. (a) Each county  and
any  city  having a population of one million or more shall offer diver-

S. 2006                            88                            A. 3006

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
appropriate 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 diver-
sion 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] 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.
  (c) Any person or agency seeking to file a petition pursuant  to  this
article  which does not have attached thereto the documentation required
by subdivision (g) of this section shall be referred by the clerk of the
court to the designated lead agency which shall schedule  and  hold,  on
reasonable  notice to the potential petitioner, the youth and his or her
parent or other person legally responsible for his or her care, at least
one conference in order  to  determine  the  factual  circumstances  and
determine  whether the youth and his or her family should receive diver-
sion services pursuant to this section. Diversion services shall include
clearly documented diligent attempts to provide appropriate services  to
the youth and his or her family unless it is determined that there is no
substantial likelihood that the youth and his or her family will benefit
from  further  diversion  attempts.  Notwithstanding  the  provisions of
section two hundred sixteen-c of this act, the clerk  shall  not  accept
for  filing  under  this  part  any petition that does not have attached
thereto the documentation required by subdivision (g) of this section.

S. 2006                            89                            A. 3006

  (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
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.

S. 2006                            90                            A. 3006

No petition may be filed pursuant to this article by the parent or other
person  legally  responsible for the youth where diversion services have
been terminated because of the failure of the  parent  or  other  person
legally responsible for the youth to consent to or actively participate.
  (ii) The clerk of the court shall accept a petition for filing only if
it has attached thereto the following:
  (A)  if the potential petitioner is the parent or other person legally
responsible for the youth, a notice  from  the  designated  lead  agency
indicating  there  is no bar to the filing of the petition as the poten-
tial petitioner consented to  and  actively  participated  in  diversion
services; and
  (B)  a  notice  from  the  designated  lead agency stating that it has
terminated diversion services because it has determined that there is no
substantial likelihood that the youth and his or her family will benefit
from further attempts, and that  the  case  has  not  been  successfully
diverted.
  (h)  No  statement made to the designated lead agency or to any agency
or organization to which the potential respondent, prior to  the  filing
of  the  petition,  or if the petition has been filed, prior to the time
the respondent has been notified that attempts at diversion will not  be
made  or  have  been terminated, or prior to the commencement of a fact-
finding hearing if attempts at diversion have not terminated previously,
may be admitted into evidence at  a  fact-finding  hearing  or,  if  the
proceeding  is  transferred  to a criminal court, at any time prior to a
conviction.
  S 39. 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

S. 2006                            91                            A. 3006

  (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  40.  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 41. Section 747 of the family court act is REPEALED.
  S 42. Section 748 of the family court act is REPEALED.
  S  43.  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 44. Paragraph (a) of subdivision 2 of  section  754  of  the  family
court  act,  as  amended by chapter 7 of the laws of 1999, is amended to
read as follows:
  (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-

S. 2006                            92                            A. 3006

stances, the court order shall include such a finding; and (ii)  in  the
case  of a child who has attained the age of sixteen, the services need-
ed, if any, to assist the child to make the transition from foster  care
to  independent  living. [Nothing in this subdivision shall be construed
to modify the standards for directing detention  set  forth  in  section
seven hundred thirty-nine of this article.]
  S  45.  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
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

S. 2006                            93                            A. 3006

specialized  treatment  or  placement  and  the  diligent efforts by the
commissioner of social services to locate an appropriate placement.]
  S  46. 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 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
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

S. 2006                            94                            A. 3006

motion of any party or the agency, hold a hearing to  determine  whether
the [placement] CONDITION should be altered or modified.
  S  47.  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 parents and other persons.
  S 48. 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  SEVENTEEN,  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 FIFTEEN THAT  INCREASED  THE  AGE  OF  JUVENILE
JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
  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.
  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 CHILDREN
AND FAMILIES WITH THE GOAL OF PREVENTING A CHILD FROM BEING  ADJUDICATED
A  PERSON IN NEED OF SUPERVISION 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;

S. 2006                            95                            A. 3006

  (C) FAMILY MEDIATION AND SKILLS BUILDING;
  (D)  MENTAL  AND BEHAVIORAL HEALTH SERVICES INCLUDING COGNITIVE INTER-
VENTIONS;
  (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, 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 458-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;
  (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  51.  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]:

S. 2006                            96                            A. 3006

  (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
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-

S. 2006                            97                            A. 3006

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].
  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 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

S. 2006                            98                            A. 3006

year for which the social  services  district  does  not  receive  state
reimbursement  from  the  annual appropriation for the approved close to
home initiative may not be claimed against that district's appropriation
for the initiative for the next or any subsequent state fiscal year.
  (i)  State  funding  for  reimbursement shall be, subject to appropri-
ation,  in  the  following  amounts:  for  state  fiscal  year  2013-14,
$35,200,000  adjusted by any changes in such amount required by subpara-
graphs (ii) and (iii) of this paragraph; for state fiscal year  2014-15,
$41,400,000  adjusted  to  include the amount of any changes made to the
state fiscal year 2013-14 appropriation  under  subparagraphs  (ii)  and
(iii)  of  this  paragraph  plus any additional changes required by such
subparagraphs; and, such reimbursement shall be,  subject  to  appropri-
ation,  for all subsequent state fiscal years in the amount of the prior
year's actual appropriation adjusted by any changes required by subpara-
graphs (ii) and (iii) of this paragraph.
  (ii) The reimbursement amounts set forth in subparagraph (i)  of  this
paragraph  shall  be  increased  or decreased by the percentage that the
average of the most recently approved maximum state aid rates for  group
residential  foster care programs is higher or lower than the average of
the approved maximum state aid rates for group residential  foster  care
programs  in  existence  immediately prior to the most recently approved
rates.
  (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)  COMMENCING  JANUARY  FIRST,  TWO  THOUSAND   SEVENTEEN,   STATE
REIMBURSEMENT  SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF ELIGI-
BLE 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

S. 2006                            99                            A. 3006

OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH ABSENT THE  PROVISIONS  IN  A
CHAPTER  OF  THE  LAWS OF TWO THOUSAND FIFTEEN THAT INCREASED THE AGE OF
JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
  (b)  The  department  of  family  assistance  is  authorized,  in  its
discretion, to make advances to a social  services  district  in  antic-
ipation of the state reimbursement provided for in this section.
  (c)  A  social  services  district  shall conduct eligibility determi-
nations for federal and state funding and submit claims  for  reimburse-
ment  in  such form and manner and at such times and for such periods as
the department of family assistance shall determine.
  (d) Notwithstanding any inconsistent provision of law or regulation of
the department of family assistance, state reimbursement  shall  not  be
made for any expenditure made for the duplication of any grant or allow-
ance for any period.
  (e)  Claims  submitted by a social services district for reimbursement
shall be paid after deducting any expenditures defrayed by  fees,  third
party  reimbursement,  and  any non-tax levy funds including any donated
funds.
  (f) The office of children and family services shall not reimburse any
claims for expenditures for residential services that are submitted more
than twenty-two months after the calendar quarter in which the  expendi-
tures were made.
  (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. 2006                            100                           A. 3006

  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)
as amended by section 22 of part C of chapter 83 of the laws of 2002, is
amended to read as follows:
  (a)  A social services official shall provide preventive services to a
child and his or her family, in accordance  with  the  family's  service
plan  as required by section four hundred nine-e of this chapter and the
social services district's child welfare  services  plan  submitted  and
approved pursuant to section four hundred nine-d of this chapter, upon a
finding  by  such official that [(i)] the child will be placed, returned
to or continued in foster care unless such  services  are  provided  and
that  it  is  reasonable  to believe that by providing such services the
child will be able to remain with or be returned to his or  her  family,
and  for  a former foster care youth under the age of twenty-one who was
previously placed in the care and custody or custody and guardianship of
the local commissioner of social services or  other  officer,  board  or
department  authorized to receive children as public charges where it is
reasonable to believe that by providing such services the former  foster
care  youth will avoid a return to foster care [or (ii) the child is the
subject of a petition under article seven of the family  court  act,  or
has  been  determined  by the assessment service established pursuant to
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] SEVENTEEN years old, OR,
COMMENCING JANUARY FIRST, TWO THOUSAND  EIGHTEEN,  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 EIGHTEEN, 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;  and  a
person  fourteen  [or],  fifteen, OR SIXTEEN YEARS OF AGE OR, COMMENCING
JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN years of age  is  crimi-
nally  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);

S. 2006                            101                           A. 3006

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.
  3.  A  PERSON SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGH-
TEEN, SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSIBLE FOR 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  HOMI-
CIDE);  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); 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; ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN  SUBDIVI-
SION 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.  PROVIDED  HOWEVER, A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS
CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING AN OFFENSE SET FORTH IN THE
VEHICLE AND TRAFFIC LAW AND SHALL BE CONSIDERED A PERSON OVER THE AGE OF
EIGHTEEN FOR THE PROSECUTION OF ACTS CONSTITUTING AN OFFENSE  SET  FORTH
IN THE VEHICLE AND TRAFFIC LAW.
  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,  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

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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 CHAPTER.   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.
  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 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.
  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, EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION as a previ-
ous 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
SEVENTEEN, AND EIGHTEEN AS OF JANUARY FIRST, TWO THOUSAND EIGHTEEN.
  3.  THE  LIMITATION  PRESCRIBED BY THIS SECTION SHALL NOT BE DEEMED OR
CONSTRUED TO BAR USE OF A CONVICTION OF A JUVENILE OFFENDER WHO HAS BEEN
ADJUDICATED A YOUTHFUL OFFENDER PURSUANT TO SECTION 720.20 OF THE CRIMI-
NAL PROCEDURE LAW FOR AN OFFENSE COMMITTED WHEN SUCH PERSON WAS  SIXTEEN
OR  SEVENTEEN YEARS OLD AS A PREVIOUS OR PREDICATE FELONY OFFENDER UNDER
SECTION 70.04, 70.06, 70.07, 70.08, 70.10, 70.70, 70.71, 70.80 OR 485.10
OF THIS CHAPTER, WHEN SENTENCING A PERSON WHO COMMITS A  VIOLENT  FELONY
AS  DEFINED BY SUBDIVISION ONE OF SECTION 70.02 OF THIS TITLE AFTER SUCH
PERSON HAS REACHED THE AGE OF SEVENTEEN AS OF JANUARY FIRST,  TWO  THOU-
SAND SEVENTEEN AND EIGHTEEN AS OF JANUARY FIRST, TWO THOUSAND EIGHTEEN.
  S  57.  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. 2006                            103                           A. 3006

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
PURSUANT 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
offender shall be an indeterminate sentence.   When such a  sentence  is
imposed,  the  court shall impose [a] THE MINIMUM PERIOD OF IMPRISONMENT
AND maximum 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 HERE-
IN, A SENTENCE OF IMPRISONMENT FOR ANY OTHER FELONY COMMITTED BY A JUVE-
NILE  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 IMPRISON-
MENT 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 FOURTEEN 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; AND
  (C) WHERE THE DEFENDANT WAS SIXTEEN OR SEVENTEEN YEARS OLD AT THE TIME
OF  SUCH  OFFENSE,  THE MINIMUM PERIOD OF IMPRISONMENT SHALL BE AT LEAST
TEN 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 WHERE: (I) 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 [twelve] FOUR years but shall not exceed fifteen
years; AND (II) 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 FOUR YEARS BUT SHALL NOT EXCEED TEN YEARS;
  [(c)] (B) For a class B felony, WHERE: (I) 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  [ten]  SEVEN  years;  AND (II) 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 SEVEN YEARS; PROVIDED, HOWEVER, THAT WHERE THE  DEFENDANT  IS

S. 2006                            104                           A. 3006

CONVICTED  OF  A  CLASS B VIOLENT FELONY AND THE COURT FINDS AGGRAVATING
CIRCUMSTANCES THAT BEAR DIRECTLY UPON THE MANNER IN WHICH THE CRIME  WAS
COMMITTED, INCLUDING THE SEVERITY OF INJURY TO THE VICTIM AND THE GRAVI-
TY  OF  RISK  TO  PUBLIC  SAFETY, THE COURT SHALL SENTENCE THE DEFENDANT
PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION 70.02 OF  THIS
ARTICLE;
  [(d)]  (C) For a class C felony, WHERE: (I) 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] FIVE years; and (II) 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 FIVE YEARS;
  [(e)]  (D) For a class D felony, WHERE: (I) 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 [four] THREE years; AND (II) 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 THREE YEARS; AND
  (E) FOR A CLASS E FELONY, 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  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

S. 2006                            105                           A. 3006

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  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],  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 OR JUVENILE OFFENDER WHO  IS  ADJUDI-
CATED A YOUTHFUL OFFENDER IS CONVICTED AND IS TWENTY-ONE YEARS OF AGE OR
OLDER  AT  THE  TIME  OF SENTENCING, HE OR SHE SHALL BE DELIVERED TO THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.

S. 2006                            106                           A. 3006

  (A-1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  A
PERSON WHO IS CONVICTED AS AN ADULT FOR COMMITTING A CRIME, OTHER THAN A
VEHICLE  AND  TRAFFIC  OFFENSE,  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  COMMIT-
TED  TO  THE  CUSTODY  OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES WHO SHALL ARRANGE FOR THE CONFINEMENT OF  SUCH  OFFENDER
IN  FACILITIES  OF THE OFFICE. THE RELEASE OR TRANSFER OF SUCH OFFENDERS
FROM THE OFFICE OF CHILDREN AND FAMILY SERVICES  SHALL  BE  GOVERNED  BY
SECTION FIVE HUNDRED EIGHT OF THE EXECUTIVE LAW.
  (b)  The  court in committing [a juvenile offender and youthful offen-
der] AN OFFENDER UNDER EIGHTEEN YEARS OF  AGE  to  the  custody  of  the
office  of  children and family services shall inquire as to whether the
parents or legal guardian of the youth, if present, will consent for the
office of children and  family  services  to  provide  routine  medical,
dental and mental health services and treatment.
  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits  an offender to the custody of the office of children and family
services in accordance with this section and no medical consent has been
obtained prior to said commitment, the commitment order shall be  deemed
to  grant  consent  for  the  office  of children and family services to
provide for routine medical,  dental  and  mental  health  services  and
treatment to the offender so committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian  of  an offender who is not yet eighteen years of age from making a
motion on notice to the office of children and family services  pursuant
to  article  twenty-two of the civil practice law and rules objecting to
routine medical, dental or mental health services  and  treatment  being
provided  to such offender under the provisions of paragraph (b) of this
subdivision.
  (e) Nothing in this section shall require  that  consent  be  obtained
from  the  parent  or  legal  guardian, where no consent is necessary or
where the offender is authorized by law to consent on  his  or  her  own
behalf to any medical, dental and mental health service or treatment.
  S  60-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, OTHER THAN TWO OR MORE  SENTENCES  THAT
INCLUDE  A  SENTENCE  FOR  A CLASS A FELONY, OR A SENTENCE FOR A CLASS B
VIOLENT FELONY IMPOSED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF
SECTION 70.02 OF THIS ARTICLE, COMMITTED PRIOR TO THE  TIME  THE  PERSON

S. 2006                            107                           A. 3006

WAS  IMPRISONED  UNDER  ANY  OF  SUCH SENTENCES 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, 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 IMPOSED PURSUANT TO PARAGRAPH (A)
OF SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE,  COMMITTED  PRIOR
TO THE TIME THE PERSON WAS IMPRISONED UNDER ANY OF SUCH SENTENCES 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 61. Section 70.45 of the penal law is amended by adding a new subdi-
vision 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

S. 2006                            108                           A. 3006

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  IMPOSED  PURSUANT TO SUBDIVISION TWO OR TWO-A OF THIS
SECTION, AS APPLICABLE, WHENEVER A DETERMINATE SENTENCE IS IMPOSED  UPON
A  CONVICTION  OF A CLASS B VIOLENT FELONY OFFENSE PURSUANT TO PARAGRAPH
(A) OF SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE; 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 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 OR SIXTEEN YEARS OLD OR COMMENCING
JANUARY  FIRST, TWO THOUSAND EIGHTEEN, 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

S. 2006                            109                           A. 3006

  (3) A PERSON SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND  EIGH-
TEEN,  A PERSON SIXTEEN OR SEVENTEEN YEARS OLD WHO IS CRIMINALLY RESPON-
SIBLE FOR ACTS CONSTITUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF
THIS CHAPTER; ACTS CONSTITUTING ANY CRIME IN THIS CHAPTER THAT IS  CLAS-
SIFIED  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); 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 (TAMPER-
ING 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 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 MOTIVATED FELONY; 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 FOUR HUNDRED NINETY OF THIS CHAPTER; AND ACTS CONSTI-
TUTING  A  CRIME  SET  FORTH  IN  SUBDIVISION  ONE OF SECTION 105.10 AND
SECTION 105.15 OF THIS CHAPTER PROVIDED THAT THE  UNDERLYING  CRIME  FOR
THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPON-
SIBLE.
  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 OR SIXTEEN YEARS OLD, OR  COMMENCING  JANUARY  FIRST,  TWO
THOUSAND EIGHTEEN, 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

S. 2006                            110                           A. 3006

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  EIGHTEEN,  A PERSON SIXTEEN OR SEVENTEEN YEARS OLD WHO IS
CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING 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 FELO-
NIES 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 (VEHICU-
LAR  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); 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 RESPONSI-
BLE;  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
RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); 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 CONSTITUT-
ING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF  SECTION  490.05
OF  THE PENAL LAW WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUT-
ING 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 CRIMI-
NALLY RESPONSIBLE.
  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:
  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  OFFENDER  SHALL  NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS

S. 2006                            111                           A. 3006

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  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
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 OFFENDER  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

S. 2006                            112                           A. 3006

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 OFFENDER 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 67. The criminal procedure law is amended by adding  a  new  section
160.56 to read as follows:
S 160.56 CONDITIONAL SEALING OF CERTAIN CONVICTIONS FOR OFFENSES COMMIT-
           TED  BY  A  DEFENDANT  TWENTY YEARS OF AGE OR YOUNGER OR BY A
           DEFENDANT CONVICTED AS A JUVENILE OFFENDER.
  1. WHEN A DEFENDANT IS CONVICTED FOR ONLY ONE ELIGIBLE OFFENSE, ON  OR
AFTER THE EFFECTIVE DATE OF THIS SECTION, WHICH WAS COMMITTED WHEN HE OR
SHE  WAS  TWENTY  YEARS OF AGE OR YOUNGER AND THE DEFENDANT HAS NO PRIOR
CRIMINAL CONVICTIONS, THE COURT SHALL CERTIFY UPON CONVICTION  THAT  THE
DEFENDANT IS APPARENTLY ELIGIBLE FOR CONDITIONAL SEALING AND SHALL SCHE-
DULE THE DEFENDANT'S CASE FOR REVIEW AT THE EXPIRATION OF THE TIME PERI-
OD  SET  FORTH IN SUBDIVISION TWO OF THIS SECTION. SUCH REVIEW SHALL NOT
REQUIRE A MOTION OR APPEARANCE BY A DEFENDANT. UPON  THE  EXPIRATION  OF
THE  TIME PERIOD SET FORTH IN SUBDIVISION TWO OF THIS SECTION, THE COURT
SHALL NOTIFY THE DISTRICT ATTORNEY THAT THE CASE IS UNDER REVIEW. IF THE
DISTRICT ATTORNEY DOES NOT PROVIDE NOTICE OF OPPOSITION TO SEALING WITH-
IN FORTY-FIVE DAYS OF RECEIPT OF THE NOTIFICATION AND THE  COURT  DETER-
MINES  THAT THE DEFENDANT MEETS THE CRITERIA FOR SEALING AS SET FORTH IN
THIS SECTION, THE COURT SHALL ORDER THAT  THE  RECORD  BE  CONDITIONALLY
SEALED.  IF THE DISTRICT ATTORNEY OPPOSES SEALING, HE OR SHE SHALL NOTI-
FY THE COURT OF THE REASONS FOR OPPOSITION. IF THE COURT HAS DETERMINED,
SUA  SPONTE,  OR  THE DISTRICT ATTORNEY HAS NOTIFIED THE COURT, THAT THE
DEFENDANT DOES NOT MEET THE CRITERIA FOR CONDITIONAL SEALING, THE  COURT
MUST  PROVIDE  THE  DEFENDANT,  ON NOTICE TO THE DISTRICT ATTORNEY, WITH
NOTICE AND AN OPPORTUNITY TO DISPUTE SUCH FINDING.
  WHENEVER THE COURT DETERMINES BY A PREPONDERANCE OF THE EVIDENCE  THAT
ALL  CRITERIA FOR SEALING HAVE BEEN SATISFIED AND ORDERS A RECORD CONDI-
TIONALLY SEALED, THE CLERK OF THE COURT  SHALL  IMMEDIATELY  NOTIFY  THE
COMMISSIONER  OF  THE  DIVISION  OF  CRIMINAL  JUSTICE SERVICES THAT THE
CONVICTION SHALL BE CONDITIONALLY SEALED. FOR PURPOSES OF THIS  SECTION,
AN  ELIGIBLE  OFFENSE  IS  ANY MISDEMEANOR OR FELONY OTHER THAN A FELONY
OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL  LAW,  A
VIOLENT  FELONY  OFFENSE  DEFINED  IN  SECTION 70.02 OF THE PENAL LAW, A
CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW, OR AN OFFENSE FOR WHICH
REGISTRATION AS A SEX OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C  OF
THE CORRECTION LAW.

S. 2006                            113                           A. 3006

  2. AN ELIGIBLE OFFENSE MAY BE CONDITIONALLY SEALED ONLY:
  (A) AFTER THE FOLLOWING TIME PERIODS HAVE ELAPSED:
  (I) FOR A MISDEMEANOR, AT LEAST TWO YEARS HAVE PASSED SINCE: THE ENTRY
OF  THE  JUDGMENT  OR,  IF  THE DEFENDANT WAS SENTENCED TO A CONDITIONAL
DISCHARGE OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF  INCARCERATION
IMPOSED  IN  CONJUNCTION  WITH  A  SENTENCE  OF PROBATION OR CONDITIONAL
DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR CONDI-
TIONAL DISCHARGE, OR IF THE DEFENDANT WAS  SENTENCED  TO  INCARCERATION,
THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONGEST; OR
  (II) FOR AN ELIGIBLE FELONY, OTHER THAN A FELONY CONVICTION AS A JUVE-
NILE  OFFENDER  AS  DEFINED  IN SUBDIVISION FORTY-TWO OF SECTION 1.20 OF
THIS CHAPTER, AT LEAST FIVE YEARS HAVE PASSED SINCE: THE  ENTRY  OF  THE
JUDGMENT  OR,  IF THE DEFENDANT WAS SENTENCED TO A CONDITIONAL DISCHARGE
OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCARCERATION IMPOSED IN
CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDITIONAL  DISCHARGE,  THE
COMPLETION   OF   THE  DEFENDANT'S  TERM  OF  PROBATION  OR  CONDITIONAL
DISCHARGE, OR IF THE  DEFENDANT  WAS  SENTENCED  TO  INCARCERATION,  THE
DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONGEST; OR
  (III)  FOR A CONVICTION AS A JUVENILE OFFENDER, AS DEFINED IN SUBDIVI-
SION FORTY-TWO OF SECTION 1.20 OF THIS CHAPTER, AT LEAST TEN YEARS  HAVE
PASSED  SINCE:  THE  ENTRY  OF  THE  JUDGMENT  OR,  IF THE DEFENDANT WAS
SENTENCED TO A CONDITIONAL DISCHARGE OR A PERIOD OF PROBATION, INCLUDING
A PERIOD OF INCARCERATION IMPOSED IN  CONJUNCTION  WITH  A  SENTENCE  OF
PROBATION  OR  CONDITIONAL  DISCHARGE, THE COMPLETION OF THE DEFENDANT'S
TERM OF PROBATION OR CONDITIONAL DISCHARGE,  OR  IF  THE  DEFENDANT  WAS
SENTENCED  TO INCARCERATION, THE DEFENDANT'S RELEASE FROM INCARCERATION,
WHICHEVER IS THE LONGEST; AND
  (B) IF THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME.
  2-A. NO RECORD SHALL BE SEALED PURSUANT TO THIS SECTION WHILE  CHARGES
ARE PENDING FOR ANY OFFENSE.
  2-B.  NO  RECORD  SHALL  BE  SEALED PURSUANT TO THIS SECTION WHILE THE
DEFENDANT IS SUBJECT TO SUPERVISION BY THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION. UPON THE SUCCESSFUL  COMPLETION  OF  SUCH  SUPER-
VISION,  IF  THE  TIME PERIODS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION
TWO OF THIS SECTION HAVE ELAPSED FROM THE DATE  OF  DEFENDANT'S  RELEASE
FROM  INCARCERATION, THE COURT MAY ORDER THE RECORD CONDITIONALLY SEALED
PURSUANT TO THE PROVISIONS OF THIS SECTION.
  3. WHEN A CONVICTION IS SEALED PURSUANT TO THIS SECTION, ALL  OFFICIAL
RECORDS  AND PAPERS RELATING TO THE ARREST, PROSECUTION, AND CONVICTION,
INCLUDING ALL DUPLICATES AND COPIES THEREOF, ON FILE WITH  THE  DIVISION
OF  CRIMINAL  JUSTICE SERVICES OR ANY COURT SHALL BE SEALED AND NOT MADE
AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY; PROVIDED,  HOWEVER,
THE  DIVISION SHALL RETAIN ANY FINGERPRINTS, PALMPRINTS AND PHOTOGRAPHS,
OR DIGITAL IMAGES OF THE SAME.
  4. RECORDS SEALED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO:
  (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT;
  (B) QUALIFIED AGENCIES, AS DEFINED  IN  SUBDIVISION  NINE  OF  SECTION
EIGHT  HUNDRED  THIRTY-FIVE  OF THE EXECUTIVE LAW, AND FEDERAL AND STATE
LAW ENFORCEMENT AGENCIES, WHEN ACTING WITHIN  THE  SCOPE  OF  THEIR  LAW
ENFORCEMENT DUTIES;
  (C)  ANY  STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE  APPLICA-
TION FOR SUCH A LICENSE; OR
  (D)  ANY  PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR  OF
SECTION  1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR EMPLOY-

S. 2006                            114                           A. 3006

MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
PERSON WHO IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER  OR  PEACE
OFFICER  SHALL  BE  FURNISHED  WITH A COPY OF ALL RECORDS OBTAINED UNDER
THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
TO.
  5.  IF, SUBSEQUENT TO THE SEALING OF RECORDS PURSUANT TO THIS SECTION,
THE PERSON WHO IS THE SUBJECT OF SUCH RECORDS IS ARRESTED FOR OR CHARGED
WITH ANY MISDEMEANOR OR FELONY OFFENSE, SUCH RECORDS SHALL  BE  UNSEALED
IMMEDIATELY  AND  REMAIN  UNSEALED;  PROVIDED, HOWEVER, THAT IF SUCH NEW
MISDEMEANOR OR FELONY ARREST RESULTS IN A TERMINATION IN  FAVOR  OF  THE
ACCUSED  AS DEFINED IN SUBDIVISION THREE OF SECTION 160.50 OF THIS ARTI-
CLE OR BY CONVICTION FOR A NON-CRIMINAL OFFENSE AS DESCRIBED IN  SECTION
160.55  OF  THIS  ARTICLE,  SUCH UNSEALED RECORDS SHALL BE CONDITIONALLY
SEALED PURSUANT TO THIS SECTION.
  6. A DEFENDANT WHO WAS CONVICTED OF ONLY ONE ELIGIBLE OFFENSE PRIOR TO
THE EFFECTIVE DATE OF THIS SECTION MAY APPLY TO THE COURT OF CONVICTION,
ON AN APPLICATION  PROMULGATED  BY  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES, FOR THE CONDITIONAL SEALING OF SUCH CONVICTION IF:
  (A)  THE OFFENSE WAS COMMITTED WHEN THE DEFENDANT WAS TWENTY-ONE YEARS
OF AGE OR YOUNGER; AND
  (B) THE APPLICABLE TIME PERIODS SPECIFIED IN SUBDIVISION TWO  OF  THIS
SECTION HAVE ELAPSED; AND
  (C) THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME; AND
  (D) NO CHARGES ARE PENDING FOR ANY CRIME.
  THERE SHALL BE NO FEE ASSOCIATED WITH THIS APPLICATION AND NO PERSONAL
APPEARANCE BY THE DEFENDANT IS REQUIRED.
  7. WHEN AN APPLICATION IS MADE FOR SEALING PURSUANT TO SUBDIVISION SIX
OF  THIS  SECTION,  THE COURT SHALL NOTIFY THE DISTRICT ATTORNEY. IF THE
DISTRICT ATTORNEY DOES NOT PROVIDE NOTICE OF OPPOSITION TO SEALING WITH-
IN FORTY-FIVE DAYS OF RECEIPT OF THE APPLICATION AND  THE  COURT  DETER-
MINES  THAT  THE  DEFENDANT  MEETS THE CRITERIA FOR SEALING SET FORTH IN
THIS SECTION AND THAT SEALING IS IN THE INTEREST OF JUSTICE,  THE  COURT
MAY  ORDER  THAT  THE  RECORD  BE CONDITIONALLY SEALED IN THE MANNER SET
FORTH IN THIS SECTION  AND  NOTIFY  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  OF THE SAME. IF THE DISTRICT ATTORNEY OPPOSES THE APPLICATION,
THE COURT SHALL SCHEDULE A HEARING UPON NOTICE TO ALL  PARTIES.  IF  THE
COURT, AT THE CONCLUSION OF THE HEARING DETERMINES BY A PREPONDERANCE OF
THE  EVIDENCE  THAT  SUCH CONVICTION SHOULD BE SEALED IN THE INTEREST OF
JUSTICE, THE COURT SHALL ORDER THAT THE CONVICTION BE SEALED AND  NOTIFY
THE  COMMISSIONER  OF  THE  DIVISION OF CRIMINAL JUSTICE SERVICES OF THE
SAME.
  S 68. Section 180.75 of the criminal procedure law is REPEALED.
  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 COMMENCING JANUARY FIRST, TWO THOUSAND EIGH-
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

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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 EIGH-
TEEN, SEVENTEEN YEARS OF AGE FOR ANY CONDUCT OR CRIME OTHER THAN CONDUCT
CONSTITUTING 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); 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 (TAMPER-
ING 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  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  EIGHTEEN,  SEVENTEEN
years  of  age OR YOUNGER did an act which, if done by a person over the

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age of sixteen, OR COMMENCING  JANUARY  FIRST,  TWO  THOUSAND  EIGHTEEN,
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 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] SEVENTEEN, OR COMMENCING JANUARY
FIRST, TWO THOUSAND EIGHTEEN, EIGHTEEN at the time of the commission  of
the crime and who did not lack criminal responsibility for such crime by
reason  of  infancy, the indictment may, in addition, charge in separate
counts one or more other offenses for which such person would  not  have
been criminally responsible by reason of infancy, if:
  (a)  the offense for which the defendant is criminally responsible and
the one or more other offenses for which he would not have  been  crimi-
nally  responsible  by  reason of infancy are based upon the same act or
upon the same criminal transaction, as that term is defined in  subdivi-
sion two of section 40.10 of this chapter; or
  (b)  the  offenses  are  of such nature that either proof of the first
offense would be material and admissible as evidence  in  chief  upon  a
trial of the second, or proof of the second would be material and admis-
sible as evidence in chief upon a trial of the first.
  S  71.  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 72. Paragraph (g) of subdivision 5 of section 220.10 of the criminal
procedure law, as amended by chapter 410 of the laws of  1979,  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 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 OR
SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND  EIGHTEEN,  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;
  (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

S. 2006                            117                           A. 3006

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 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 EIGHTEEN, 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.
  If  the court is of the opinion based on specific factors set forth in
the district attorney's memorandum that the interests of  justice  would
best  be  served by removal of the action to the family court, a plea of
guilty of a crime or act for  which  the  defendant  is  not  criminally
responsible may be entered pursuant to subdivision three or four of this
section,  except  that  a  thirteen  year  old charged with the crime of
murder in the second degree may only plead to a designated  felony  act,
as  defined  in  subdivision  eight of section 301.2 of the family court
act.
  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 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
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

S. 2006                            118                           A. 3006

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  74. Subdivision 5 of section 410.70 of the penal 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 pursuant to section 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

S. 2006                            119                           A. 3006

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 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] SEVENTEEN OR EIGHTEEN.
  1. When a principal who is under the age of  [sixteen]  SEVENTEEN,  OR
COMMENCING  JANUARY  FIRST, TWO THOUSAND EIGHTEEN UNDER THE AGE OF EIGH-
TEEN, 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 juve-
nile detention facility continue to be deemed to be in  the  custody  of
the  sheriff.    No  principal  [under  the  age of sixteen] 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 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 negli-
gence in the detention of and care for such principal, when the  princi-
pal 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:
  3. The provisions of subdivisions one and two of this section  requir-
ing or authorizing the accusatory instrument filed against a youth to be

S. 2006                            120                           A. 3006

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 WHO HAS NOT PREVIOUSLY BEEN CONVICTED AND SENTENCED OR
ADJUDICATED  FOR A FELONY, UNLESS THE DISTRICT ATTORNEY UPON MOTION WITH
NOT LESS THAN SEVEN DAYS NOTICE TO SUCH PERSON OR HIS  OR  HER  ATTORNEY
DEMONSTRATES  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] EXCEPT AS PROVIDED IN SUBDIVISION THREE OF SECTION 60.10 OF THE
PENAL  LAW,  A  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  of
the executive law. A defendant for whom a youthful offender adjudication
was substituted, who was originally charged with prostitution as defined
in  section  230.00  of  the  penal law or loitering for the purposes of
prostitution as defined in subdivision two  of  section  240.37  of  the
penal law provided that the person does not stand charged with loitering
for  the  purpose  of patronizing a prostitute, for an offense allegedly
committed when he or she was sixteen or seventeen years of age, shall be
deemed a "sexually exploited child" as defined  in  subdivision  one  of
section four hundred forty-seven-a of the social services law and there-
fore shall not be considered an adult for purposes related to the charg-
es  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:

S. 2006                            121                           A. 3006

                               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 UPON A COMPLAINT.
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  AT OR FOLLOWING ARRAIGNMENT BY A
YOUTH PART WITHIN ITS JURISDICTION. THE COURT SHALL ORDER ANY SUCH JUVE-
NILE 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.
  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.
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.
S 722.20 PROCEEDINGS UPON A COMPLAINT.
  1. WHEN A JUVENILE OFFENDER IS ARRAIGNED  BEFORE  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 CHAPTER.
  2. THE YOUTH PART SHALL HOLD  A  HEARING  ON  THE  COMPLAINT.  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 EIGHTEEN  IS  CRIMINALLY
RESPONSIBLE,  THE  COURT  MUST  ORDER THAT THE DEFENDANT BE HELD FOR THE
ACTION OF A GRAND JURY; OR

S. 2006                            122                           A. 3006

  (B) IF THERE IS NOT REASONABLE CAUSE TO  BELIEVE  THAT  THE  DEFENDANT
COMMITTED A CRIME FOR WHICH A PERSON UNDER THE AGE OF EIGHTEEN IS CRIMI-
NALLY  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 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.
  3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO THIS  SECTION,  A
YOUTH  PART  SHALL,  (A)  ORDER  REMOVAL OF AN ACTION AGAINST A JUVENILE
OFFENDER ACCUSED OF ROBBERY IN THE SECOND DEGREE AS DEFINED IN  SUBDIVI-
SION  TWO  OF SECTION 160.10; AND A JUVENILE OFFENDER ACCUSED OF COMMIT-
TING A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE  OF  SECTION
70.02 OF THE PENAL LAW AT AGE SIXTEEN, OR AFTER JANUARY FIRST, TWO THOU-
SAND  EIGHTEEN,  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
CHAPTER IF, AFTER CONSIDERATION 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 COMMISSION OF THE CRIME OR AGGRAVATING CIRCUMSTANCES,
INCLUDING BUT NOT LIMITED 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 CHAPTER IF, UPON  CONSIDER-
ATION OF THE CRITERIA SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION, 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 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;
(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 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;

S. 2006                            123                           A. 3006

  (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  PURSUANT  TO  THIS
SECTION, 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.
  4. IF AN ACTION INVOLVING A DEFENDANT WHO IS  SIXTEEN  OR,  COMMENCING
JANUARY  FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN YEARS OF AGE IS REMOVED
TO FAMILY COURT, THE YOUTH PART  SHALL  RETAIN  CONCURRENT  JURISDICTION
WITH  THE  FAMILY COURT. AT ANY TIME THAT IT IS DETERMINED BY THE FAMILY
COURT OR THE YOUTH PART THAT CONTINUING THE PROCEEDING IN  FAMILY  COURT
IS NOT APPROPRIATE, THE CASE MAY BE RETURNED TO THE YOUTH PART.
  5.  IF AN ACTION IS NOT REMOVED TO THE FAMILY COURT PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION, THE YOUTH PART SHALL HEAR THE CASE SITTING
AS A CRIMINAL COURT OR, IN ITS DISCRETION, WHEN THE DEFENDANT IS SIXTEEN
OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, 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 AVAILABLE UNDER ARTICLE THREE OF THE
FAMILY COURT ACT.
  S 81. 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] 722.20 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] 722.20 of this [chapter] TITLE, it must speci-
fy the act or acts it found reasonable cause to allege.
  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] THREE of  section  [180.75]  722.20  OF
THIS  TITLE,  [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.

S. 2006                            124                           A. 3006

  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  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. PLACE-
MENT OF ANY PERSON UNDER THE AGE OF EIGHTEEN 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. 2006                            125                           A. 3006

  S  86.  Subdivision  13  of  section  500-b  of  the correction law is
REPEALED.
  S  87.  Subparagraph 8 of paragraph h of subdivision 4 of section 1950
of the education law, as amended by section 1 of part G of chapter 58 of
the laws of 2014, is amended to read as follows:
  (8) To enter into contracts with the commissioner  of  the  office  of
children  and  family  services pursuant to subdivision six-a of section
thirty-two hundred two of this chapter to provide to  such  office,  for
the  benefit  of  youth  in its custody, any special education programs,
related services [and], career and technical education services AND  ANY
OTHER PROGRAMS provided by the board of cooperative educational services
to  component  school  districts.  Any  such  proposed contract shall be
subject to the review and approval of the commissioner to determine that
it is an approved cooperative  educational  service.  Services  provided
pursuant  to  such contracts shall be provided at cost, and the board of
cooperative educational services shall not be authorized to  charge  any
costs  incurred  in  providing  such  services  to  its component school
districts.
  S 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
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 SEVENTEEN, 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  EIGH-

S. 2006                            126                           A. 3006

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  89.  Paragraph  e of subdivision 3 of section 3214 of the education
law, as amended by chapter 170 of the laws of 2006, is amended  to  read
as follows:
  e. Procedure after suspension. Where a pupil has been suspended pursu-
ant  to this subdivision and said pupil is of compulsory attendance age,
immediate steps shall be taken for his or her attendance  upon  instruc-
tion  elsewhere or for supervision [or detention] of said pupil pursuant
to the provisions of article seven of the family court  act.    Where  a
pupil has been suspended for cause, the suspension may be revoked by the
board  of  education  whenever it appears to be for the best interest of
the school and the pupil to do so.  The  board  of  education  may  also
condition  a  student's early return to school and suspension revocation
on the pupil's voluntary  participation  in  counseling  or  specialized
classes,  including anger management or dispute resolution, where appli-
cable.
  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.

S. 2006                            127                           A. 3006

  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  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.
  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, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, PURSUANT
TO ARTICLE THREE OF THE FAMILY COURT ACT, or held pending a hearing  for
alleged  violation  of the conditions of release from an office of chil-
dren and family services facility or authorized agency, or held  pending
a  hearing  for alleged violation of the condition of parole OR POST-RE-
LEASE SUPERVISION 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 OR,
COMMENCING JANUARY FIRST, TWO  THOUSAND  SEVENTEEN,  THEIR  TWENTY-FIRST
birthday shall be subject to detention in a detention facility.

S. 2006                            128                           A. 3006

  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 OR COMMENCING JANUARY FIRST, TWO
THOUSAND SEVENTEEN, NOT MORE THAN TWENTY-THREE years of age.
  5.  "Placement"  means  the  transfer of a youth to the custody of the
[division] OFFICE pursuant to the family court act.
  6. "Commitment" means the transfer of a youth to the  custody  of  the
[division] OFFICE pursuant to the penal law.
  7.  "Conditional  release" means the transfer of a youth from facility
status to aftercare supervision  under  the  continued  custody  of  the
[division] OFFICE.
  8. "Discharge" means the termination of [division] OFFICE custody of a
youth.
  9.  "Aftercare" means supervision of a youth on conditional release OR
POST-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. Subdivision 1 of section 505 of the executive law, as amended by
chapter 465 of the laws of 1992, is amended to read as follows:
  1.  There  shall  be  a facility director of each [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES OPERATED facility. Such  facility
director shall be appointed by the [director] COMMISSIONER of the [divi-
sion]  OFFICE  OF CHILDREN AND FAMILY SERVICES and THE POSITION shall be
in the noncompetitive class and designated as confidential as defined by
subdivision two-a of section forty-two of the  civil  service  law.  The
facility director shall have [two years] SUCH experience [in appropriate
titles  in state government. Such facility director shall have such] AND
other qualifications as may be prescribed by the [director] COMMISSIONER
of the [division,] OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  based  on
differences  in  duties, levels of responsibility, size and character of
the facility,  knowledge,  skills  and  abilities  required,  and  other
factors  affecting  the  position  [and].   SUCH FACILITY DIRECTOR shall
serve at the pleasure of the [director] COMMISSIONER of  the  [division]
OFFICE OF CHILDREN AND FAMILY SERVICES.
  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

S. 2006                            129                           A. 3006

REACHED THE AGE OF TWENTY-ONE MAY REMAIN IN CUSTODY  OF  THE  OFFICE  OF
CHILDREN AND FAMILY SERVICES.
  (A-1) (I) A YOUTH WHO IS COMMITTED TO THE OFFICE OF CHILDREN AND FAMI-
LY  SERVICES  AS  A JUVENILE OFFENDER OR YOUTHFUL OFFENDER MAY REMAIN IN
THE CUSTODY OF THE OFFICE DURING THE  PERIOD  OF  HIS  OR  HER  SENTENCE
BEYOND THE AGE OF TWENTY-ONE IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
VISION  FIVE  OF  SECTION  FIVE  HUNDRED EIGHT OF THIS ARTICLE BUT IN NO
EVENT MAY SUCH A YOUTH REMAIN IN THE CUSTODY OF THE OFFICE BEYOND HIS OR
HER TWENTY-THIRD BIRTHDAY; AND (II) A YOUTH FOUND TO  HAVE  COMMITTED  A
DESIGNATED  CLASS  A  FELONY  ACT  WHO  IS RESTRICTIVELY PLACED WITH THE
OFFICE UNDER SUBDIVISION FOUR OF SECTION 353.5 OF THE FAMILY  COURT  ACT
FOR  COMMITTING  AN  ACT  ON OR AFTER THE YOUTH'S SIXTEENTH BIRTHDAY MAY
REMAIN IN THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES  UP
TO  THE  AGE  OF  TWENTY-THREE  IN  ACCORDANCE WITH HIS OR HER PLACEMENT
ORDER.
  (A-2) Whenever it shall appear to the satisfaction of  the  [division]
OFFICE  OF  CHILDREN AND FAMILY SERVICES that any youth placed therewith
is not of proper age to be so placed or is not properly  placed,  or  is
mentally  or  physically  incapable of being materially benefited by the
program of the [division] OFFICE, the [division] OFFICE shall cause  the
return of such youth to the county from which placement was made.
  (b)  The  [division] OFFICE shall deliver such youth to the custody of
the placing court, along with the records  provided  to  the  [division]
OFFICE  pursuant  to section five hundred seven-b of this article, there
to be dealt with by the court in all respects as though no placement had
been made.
  (c) The cost and expense of the care and return of such youth incurred
by the [division] OFFICE shall be reimbursed to the state by the  social
services  district  from  which  such  youth  was  placed  in the manner
provided by section five hundred twenty-nine of this article.
  3. The [division] OFFICE may photograph  any  youth  in  its  custody.
Such  photograph  may  be  used only for the purpose of assisting in the
return of conditionally  released  children  and  runaways  pursuant  to
section  five  hundred  ten-b  of this article. Such photograph shall be
destroyed immediately upon the discharge of the  youth  from  [division]
OFFICE custody.
  4.  (a) A youth placed with or committed to the [division] OFFICE may,
immediately following placement or commitment, be remanded to an  appro-
priate detention facility.
  (b) The [division] OFFICE shall admit a [child] YOUTH placed [with the
division]  UNDER  ITS CARE to a facility of the [division] OFFICE within
fifteen days of the date of the order of placement with  the  [division]
OFFICE  and  shall admit a juvenile offender committed to the [division]
OFFICE to a facility of the [division] OFFICE within  ten  days  of  the
date  of  the  order  of  commitment to the [division] OFFICE, except as
provided in section five hundred seven-b of this article.
  5. Consistent with other provisions of law, in the discretion  of  the
[director,  youth]  COMMISSIONER  OF  THE  OFFICE OF CHILDREN AND FAMILY
SERVICES, YOUTH PLACED WITHIN THE OFFICE UNDER THE FAMILY COURT ACT  who
attain the age of eighteen while in [division] custody OF THE OFFICE AND
WHO  ARE  NOT  REQUIRED  TO REMAIN IN THE PLACEMENT WITH THE OFFICE AS A
RESULT OF A DISPOSITIONAL ORDER OF THE FAMILY  COURT  may  reside  in  a
non-secure  facility  until  the  age  of twenty-one, provided that such
youth attend a full-time vocational or educational program and are like-
ly to benefit from such program.

S. 2006                            130                           A. 3006

  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
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-

S. 2006                            131                           A. 3006

nied at all times while outside the facility by appropriate personnel of
the  division for youth designated pursuant to regulations of the direc-
tor of the division.
  (e)  The director of the division for youth shall promulgate rules and
regulations including uniform standards  and  procedures  governing  the
transfer  of  juvenile offenders from secure facilities to other facili-
ties and the return of such offenders to secure  facilities.  The  rules
and  regulations  shall provide a procedure for the referral of proposed
transfer cases by the secure facility  director,  and  shall  require  a
determination  by  the  facility  director  that  transfer of a juvenile
offender to another facility is in the best interests  of  the  division
for  youth  and  the  juvenile  offender  and that there is no danger to
public safety.
  The rules and regulations shall further provide for the  establishment
of a division central office transfer committee to review transfer cases
referred by the secure facility directors. The committee shall recommend
approval of a transfer request to the director of the division only upon
a  clear showing by the secure facility director that the transfer is in
the best interests of the division for youth and the  juvenile  offender
and  that there is no danger to public safety. In the case of the denial
of the transfer request by the transfer committee, the juvenile offender
shall remain at a secure facility.  Notwithstanding  the  recommendation
for  approval of transfer by the transfer committee, the director of the
division may deny the request for transfer  if  there  is  a  danger  to
public  safety  or  if  the transfer is not in the best interests of the
division for youth or the juvenile offender.
  The rules and regulations shall further provide a  procedure  for  the
immediate  return to a secure facility, without a hearing, of a juvenile
offender transferred to another facility upon a  determination  by  that
facility director that there is a danger to public safety.]
  3.  The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall report
in writing to the sentencing court and district attorney, not less  than
once  every  six months during the period of confinement, on the status,
adjustment, programs and progress of the offender.
  4. [The office of children  and  family  services  may  apply  to  the
sentencing  court  for  permission  to  transfer  a  youth not less than
sixteen nor more than  eighteen  years  of  age  to  the  department  of
corrections  and  community  supervision. Such application shall be made
upon notice to the youth, who shall be entitled to  be  heard  upon  the
application  and to be represented by counsel. The court shall grant the
application if it is satisfied that there is no  substantial  likelihood
that  the  youth  will  benefit  from the programs offered by the office
facilities.
  5.] The office of children and family services may transfer an  offen-
der  not  less  than eighteen [nor more than twenty-one] years of age to
the department of corrections and community supervision if  the  commis-
sioner  of  the  office certifies to the commissioner of corrections and
community supervision that there is no substantial likelihood  that  the
youth will benefit from the programs offered by office facilities.
  [6. At age twenty-one, all] 5. (A) ALL juvenile offenders COMMITTED TO
THE  OFFICE FOR COMMITTING A CRIME PRIOR TO THE YOUTH'S SIXTEENTH BIRTH-
DAY WHO STILL HAVE TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT shall be
transferred AT AGE TWENTY-ONE  to  the  custody  of  the  department  of
corrections  and  community  supervision for confinement pursuant to the
correction law.

S. 2006                            132                           A. 3006

  [7.] (B) ALL JUVENILE OFFENDERS COMMITTED TO THE OFFICE FOR COMMITTING
A CRIME ON OR AFTER THEIR SIXTEENTH BIRTHDAY WHO STILL HAVE TIME LEFT ON
THEIR SENTENCES OF IMPRISONMENT SHALL BE TRANSFERRED TO THE  CUSTODY  OF
THE  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION FOR CONFINEMENT
PURSUANT  TO  THE  CORRECTION  LAW AFTER COMPLETING TWO YEARS OF CARE IN
OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES UNLESS THEY ARE WITHIN
FOUR MONTHS OF COMPLETING THE IMPRISONMENT PORTION OF THEIR SENTENCE AND
THE OFFICE DETERMINES, IN ITS DISCRETION, ON A CASE-BY-CASE  BASIS  THAT
THE  YOUTH  SHOULD  BE PERMITTED TO REMAIN WITH THE OFFICE FOR THE ADDI-
TIONAL SHORT PERIOD OF TIME NECESSARY TO ENABLE THEM TO  COMPLETE  THEIR
SENTENCE.  IN  MAKING  SUCH  A DETERMINATION, THE FACTORS THE OFFICE MAY
CONSIDER INCLUDE, BUT ARE NOT LIMITED TO, THE  AGE  OF  THE  YOUTH,  THE
AMOUNT  OF  TIME  REMAINING ON THE YOUTH'S SENTENCE OF IMPRISONMENT, THE
LEVEL OF THE YOUTH'S PARTICIPATION IN THE PROGRAM,  THE  YOUTH'S  EDUCA-
TIONAL AND VOCATIONAL PROGRESS, THE OPPORTUNITIES AVAILABLE TO THE YOUTH
THROUGH  THE  OFFICE  AND  THROUGH THE DEPARTMENT, AND THE LENGTH OF THE
YOUTH'S 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) ALL JUVENILE OFFENDERS WHO ARE ELIGIBLE TO  BE  RELEASED  FROM  AN
OFFICE OF CHILDREN AND FAMILY SERVICES FACILITY BEFORE THEY ARE REQUIRED
TO  BE TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION AND WHO ARE ABLE TO COMPLETE THE FULL-TERM OF THEIR  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)  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 POST-RELEASE SUPERVISION SENTENCES BEFORE  THEY  TURN
TWENTY-THREE  YEARS OF AGE SHALL BE UNDER THE SUPERVISION OF THE DEPART-
MENT 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 SUPERVISION.
  6. While in the custody of the office of children and family services,
an offender shall be subject to the rules and regulations of the office,
except that his  OR  HER  parole,  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.    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 PROGRAMS for
eligible  juvenile  offenders  and  [contract  with  the  department  of
corrections  and  community  supervision  for  the  provision of parole]
PROVIDE supervision [services] for temporary 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 facili-
ties. For the purposes of temporary release programs for juvenile offen-
ders 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"

S. 2006                            133                           A. 3006

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]  COMMIS-
SIONER  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", "DEPART-
MENT", "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 facilities shall be  credited  towards  the  sentence
imposed  in the same manner and to the same extent applicable to inmates
of state correctional facilities.
  [8] 7.  Whenever a juvenile offender or a  juvenile  offender  adjudi-
cated a youthful offender shall be delivered to the director of [a divi-
sion  for  youth]  AN  OFFICE  OF  CHILDREN AND FAMILY SERVICES facility
pursuant to a commitment to the [director of  the  division  for  youth]
OFFICE  OF  CHILDREN AND FAMILY SERVICES, the officer so delivering such
person shall deliver to such facility director a certified copy  of  the
sentence  received  by such officer from the clerk of the court by which
such person shall have been sentenced, a  copy  of  the  report  of  the
probation  officer's  investigation  and  report, any other pre-sentence
memoranda filed with the court,  a  copy  of  the  person's  fingerprint
records,  a  detailed  summary of available medical records, psychiatric
records and  reports  relating  to  assaults,  or  other  violent  acts,
attempts  at  suicide  or escape by the person while in the custody of a
local detention facility.
  [9] 8.  Notwithstanding any provision of law, including  section  five
hundred  one-c  of  this  article,  the  office  of  children and family
services shall make records pertaining to a person convicted  of  a  sex
offense  as  defined  in  subdivision (p) of section 10.03 of the mental
hygiene law available upon request to the commissioner of mental  health
or  the  commissioner of [mental retardation and] THE OFFICE FOR PERSONS
WITH developmental disabilities, as appropriate; a  case  review  panel;
and  the  attorney general; in accordance with the provisions of article
ten of the mental hygiene law.
  S 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.

S. 2006                            134                           A. 3006

  (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
supervision provided (prior to the expiration of the initial or extended
period of placement or commitment) by the aftercare staff of the facili-
ty 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.

S. 2006                            135                           A. 3006

  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 PURSUANT TO  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,  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 OR TO DIVERT PERSONS ALLEGED OR ADJUDI-
CATED TO BE IN NEED OF SUPERVISION FROM BEING  PLACED  AWAY  FROM  THEIR
HOMES, 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 available for such purposes, not  to
exceed  the municipality's distribution under the supervision and treat-
ment 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

S. 2006                            136                           A. 3006

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  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,  PRIOR  TO  JANUARY  FIRST, TWO THOUSAND EIGHTEEN, 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

S. 2006                            137                           A. 3006

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.
  (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

S. 2006                            138                           A. 3006

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

S. 2006                            139                           A. 3006

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
YEARS OF AGE; or[,]
  (1-A)  COMMENCING  ON  JANUARY FIRST, TWO THOUSAND EIGHTEEN, 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  EIGHTEEN,  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-

S. 2006                            140                           A. 3006

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 NINETEEN AND  THERE-
AFTER  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.
  8.  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  LAW  TO THE CONTRARY,
COMMENCING JANUARY 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 FIFTEEN THAT
INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
  S 100. Section 4 of part K of chapter 57 of the laws of 2012, amending
the education law, relating to  authorizing  the  board  of  cooperative
educational  services  to  enter into contracts with the commissioner of
children and family services to provide certain services, is amended  to
read as follows:
  S  4.  This  act shall take effect July 1, 2012 [and shall expire June
30, 2015 when upon such date the provisions of this act shall be  deemed
repealed].
  S  101.  This  act  shall  take effect immediately; provided, however,
that:
  1. 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 and  shall  expire  and  be
deemed repealed therewith, when upon such date the provisions of section
twenty-five of this act shall take effect;
  2.  the amendments to section 153-k of the social services law made by
section forty-eight of this act shall not affect the expiration of  such
section and shall expire and be deemed repealed therewith;
  3.  the  amendments  to section 404 of the social services law made by
section fifty-two of this act shall not affect the  expiration  of  such
section and shall expire and be deemed repealed therewith;
  4.  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;
  5.  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;
  6. the amendments to subparagraph 8 of paragraph h of subdivision 4 of
section 1950 of the education law made by section eighty-seven  of  this
act shall not affect the repeal of such subparagraph and shall be deemed
repealed therewith;

S. 2006                            141                           A. 3006

  7. 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
  8.  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.

                                 PART K

  Section  1.  The section heading of section 456 of the social services
law, as added by chapter 865 of the laws of 1977, is amended to read  as
follows:
  State reimbursement AND PAYMENTS.
  S  2.  Paragraphs  (c)  and (d) of subdivision 1 of section 456 of the
social services law, as amended by chapter 601 of the laws of 1994,  are
amended to read as follows:
  [(c)  one  hundred  per  centum of such payments after first deducting
therefrom any federal funds properly to be received on account  of  such
payments, for children placed out for adoption by a voluntary authorized
agency or for children being adopted after being placed out for adoption
by  a  voluntary  authorized agency in accordance with the provisions of
this title,] or [(d)] (C) one hundred per centum of such payments  after
first  deducting  therefrom any federal funds properly to be received on
account of such payments, for children placed out for adoption or  being
adopted after being placed out for adoption by an Indian tribe as refer-
enced  in  subdivision  seven  of section four hundred fifty-one of this
title.
  S 3. Section 456 of the social services law is amended by adding a new
subdivision 3 to read as follows:
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  FOR  A
CHILD  WHO HAS BEEN PLACED FOR ADOPTION BY A VOLUNTARY AUTHORIZED AGENCY
WITH GUARDIANSHIP AND CUSTODY OR CARE AND  CUSTODY  OF  SUCH  CHILD,  AS
REFERENCED  IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTY-ONE OF THIS
TITLE, PAYMENTS AVAILABLE UNDER SECTION FOUR HUNDRED  FIFTY-THREE,  FOUR
HUNDRED  FIFTY-THREE-A OR FOUR HUNDRED FIFTY-FOUR OF THIS TITLE SHALL BE
MADE BY THE STATE PURSUANT TO A WRITTEN AGREEMENT BETWEEN AN OFFICIAL OF
THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE PERSONS  WHO  APPLIED
FOR SUCH PAYMENTS PRIOR TO ADOPTION. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
NOT  ENTER  INTO  WRITTEN AGREEMENTS FOR, OR ISSUE, ANY SUCH PAYMENTS IN
INSTANCES WHERE THE PERSON OR PERSONS APPLYING FOR SUCH PAYMENTS  RESIDE
OUTSIDE  OF  THE  STATE OF NEW YORK AT THE TIME THE APPLICATION FOR SUCH
PAYMENTS IS MADE.
  S 4. This act shall take effect July 1, 2015 and shall only  apply  to
applications for payments under sections 453, 453-a or 454 of the social
services  law  that  are made on or after such effective date; provided,
however, that effective immediately the commissioner of  the  office  of
children  and  family  services is authorized and directed to promulgate
such rules and regulations as he or she deems necessary to implement the
provisions of this act on or before its effective date.

                                 PART L

S. 2006                            142                           A. 3006

  Section 1. Section 458-a of the social  services  law  is  amended  by
adding three new subdivisions 6, 7 and 8 to read as follows:
  6.  "SUCCESSOR  GUARDIAN"  SHALL MEAN A PERSON OR PERSONS NAMED IN THE
AGREEMENT IN EFFECT BETWEEN THE RELATIVE GUARDIAN  AND  SOCIAL  SERVICES
OFFICIAL  FOR  KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS PURSUANT TO THIS
TITLE TO PROVIDE CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT OF DEATH
OR INCAPACITY OF THE RELATIVE GUARDIAN, AS SET  FORTH  IN  SECTION  FOUR
HUNDRED FIFTY-EIGHT-B OF THIS TITLE, WHO HAS ASSUMED CARE FOR AND IS THE
GUARDIAN  OR PERMANENT GUARDIAN OF SUCH CHILD, PROVIDED THAT SUCH PERSON
WAS APPOINTED GUARDIAN OR PERMANENT GUARDIAN OF SUCH CHILD FOLLOWING, OR
DUE TO, THE DEATH OR INCAPACITY OF THE RELATIVE GUARDIAN.
  7. "PROSPECTIVE SUCCESSOR GUARDIAN" SHALL MEAN  A  PERSON  OR  PERSONS
WHOM  A  PROSPECTIVE  RELATIVE  GUARDIAN OR A RELATIVE GUARDIAN SEEKS TO
NAME IN THE ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT,  OR  ANY
AMENDMENT THERETO, AS SET FORTH IN SECTION FOUR HUNDRED FIFTY-EIGHT-B OF
THIS  TITLE,  AS  THE PERSON OR PERSONS TO PROVIDE CARE AND GUARDIANSHIP
FOR A CHILD IN THE EVENT OF THE DEATH OR INCAPACITY OF A RELATIVE GUARD-
IAN.
  8. "INCAPACITY" SHALL MEAN A SUBSTANTIAL INABILITY TO CARE FOR A CHILD
AS A RESULT OF: (A) A PHYSICALLY DEBILITATING ILLNESS, DISEASE OR  INJU-
RY;  OR  (B) A MENTAL IMPAIRMENT THAT RESULTS IN A SUBSTANTIAL INABILITY
TO UNDERSTAND THE NATURE AND CONSEQUENCES OF  DECISIONS  CONCERNING  THE
CARE OF A CHILD.
  S  2.  Subdivision  4  of  section 458-b of the social services law is
amended by adding two new paragraphs (e) and (f) to read as follows:
  (E) THE ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT EXECUTED IN
ACCORDANCE WITH THIS SECTION AND ANY  AMENDMENTS  THERETO  MAY  NAME  AN
APPROPRIATE  PERSON  TO  ACT  AS A SUCCESSOR GUARDIAN FOR THE PURPOSE OF
PROVIDING CARE AND GUARDIANSHIP FOR A CHILD IN THE  EVENT  OF  DEATH  OR
INCAPACITY OF THE RELATIVE GUARDIAN.
  (F)  A  FULLY  EXECUTED  AGREEMENT  BETWEEN  A RELATIVE GUARDIAN AND A
SOCIAL SERVICES OFFICIAL MAY BE AMENDED  TO  ADD  OR  MODIFY  TERMS  AND
CONDITIONS  MUTUALLY  AGREEABLE  TO THE RELATIVE GUARDIAN AND THE SOCIAL
SERVICES OFFICIAL, INCLUDING THE NAMING  OF  AN  APPROPRIATE  PERSON  TO
PROVIDE CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT OF DEATH OR INCA-
PACITY OF THE RELATIVE GUARDIAN.
  S  3.  Subdivision  5  of section 458-b of the social services law, as
added by section 4 of part F of chapter 58  of  the  laws  of  2010,  is
amended to read as follows:
  5.  (A)  Once  the  prospective  relative  guardian with whom a social
services official has entered into an agreement under  subdivision  four
of  this  section  has been issued letters of guardianship for the child
and the child has been finally discharged from foster care to such rela-
tive, a social services official shall make monthly kinship guardianship
assistance payments for the care and maintenance of the child.
  (B) A SOCIAL SERVICES DISTRICT SHALL MAKE MONTHLY KINSHIP GUARDIANSHIP
ASSISTANCE PAYMENTS FOR THE CARE AND MAINTENANCE OF A CHILD TO A SUCCES-
SOR GUARDIAN IN THE EVENT OF DEATH OR INCAPACITY OF A RELATIVE GUARDIAN,
PROVIDED HOWEVER THAT SUCH PAYMENTS SHALL NOT BE  AUTHORIZED  UNTIL  THE
SUCCESSOR  GUARDIAN IS GRANTED GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF
A CHILD AND ASSUMES CARE OF SUCH CHILD; PROVIDED, FURTHER, HOWEVER, THAT
IF THE SUCCESSOR GUARDIAN ASSUMES CARE  OF  THE  CHILD  PRIOR  TO  BEING
GRANTED  GUARDIANSHIP  OR  PERMANENT GUARDIANSHIP OF THE CHILD, PAYMENTS
UNDER THIS TITLE SHALL BE MADE RETROACTIVELY FROM: (I) IN THE  EVENT  OF
DEATH  OF THE RELATIVE GUARDIAN, THE DATE THE SUCCESSOR GUARDIAN ASSUMED
CARE OF THE CHILD OR THE DATE OF DEATH OF THE RELATIVE GUARDIAN,  WHICH-

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EVER IS LATER; OR (II) IN THE EVENT OF INCAPACITY OF THE RELATIVE GUARD-
IAN,  THE  DATE  THE SUCCESSOR GUARDIAN ASSUMED CARE OF THE CHILD OR THE
DATE OF INCAPACITY OF THE RELATIVE GUARDIAN, WHICHEVER IS LATER.
  (C)  IN  THE  EVENT  THAT  A  SUCCESSOR  GUARDIAN ASSUMED CARE AND WAS
AWARDED GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF A  CHILD  DUE  TO  THE
INCAPACITY  OF  A  RELATIVE GUARDIAN AND THE RELATIVE GUARDIAN IS SUBSE-
QUENTLY AWARDED OR RESUMES GUARDIANSHIP  OR  PERMANENT  GUARDIANSHIP  OF
SUCH  CHILD  AND ASSUMES CARE OF SUCH CHILD AFTER THE INCAPACITY ENDS, A
SOCIAL SERVICES OFFICIAL SHALL MAKE MONTHLY KINSHIP GUARDIANSHIP ASSIST-
ANCE PAYMENTS FOR THE CARE AND MAINTENANCE OF THE CHILD TO THE  RELATIVE
GUARDIAN,  IN  ACCORDANCE  WITH  THE TERMS OF THE FULLY EXECUTED WRITTEN
AGREEMENT.
  S 4. Paragraph (b) of subdivision 7 of section  458-b  of  the  social
services  law, as added by section 4 of part F of chapter 58 of the laws
of 2010, is amended to read as follows:
  (b) (I) Notwithstanding paragraph (a) of this subdivision, AND  EXCEPT
AS PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION, no
kinship  guardianship  assistance  payments may be made pursuant to this
title if the social services official determines that the relative guar-
dian is no longer legally responsible for  the  support  of  the  child,
including if the status of the legal guardian is terminated or the child
is  no  longer  receiving  any support from such guardian. In accordance
with the regulations of the office, a relative  guardian  who  has  been
receiving  kinship guardianship assistance payments on behalf of a child
under this title must keep the social services official informed, on  an
annual basis, of any circumstances that would make the relative guardian
ineligible  for  such  payments  or eligible for payments in a different
amount.
  (II) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, AND EXCEPT  AS
PROVIDED  FOR  IN  PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS SECTION, NO
KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS MAY BE MADE  PURSUANT  TO  THIS
TITLE TO A SUCCESSOR GUARDIAN IF THE SOCIAL SERVICES OFFICIAL DETERMINES
THAT  THE  SUCCESSOR  GUARDIAN  IS NO LONGER LEGALLY RESPONSIBLE FOR THE
SUPPORT OF THE CHILD, INCLUDING IF THE STATUS OF THE SUCCESSOR  GUARDIAN
IS  TERMINATED OR THE CHILD IS NO LONGER RECEIVING ANY SUPPORT FROM SUCH
GUARDIAN. A SUCCESSOR GUARDIAN WHO HAS BEEN RECEIVING KINSHIP  GUARDIAN-
SHIP ASSISTANCE PAYMENTS ON BEHALF OF A CHILD UNDER THIS TITLE MUST KEEP
THE  SOCIAL  SERVICES  OFFICIAL  INFORMED,  ON  AN  ANNUAL BASIS, OF ANY
CIRCUMSTANCES THAT WOULD MAKE THE SUCCESSOR GUARDIAN INELIGIBLE FOR SUCH
PAYMENTS OR ELIGIBLE FOR PAYMENTS IN A DIFFERENT AMOUNT.
  S 5. Subdivision 8 of section 458-b of the  social  services  law,  as
added  by  section  4  of  part  F of chapter 58 of the laws of 2010, is
amended to read as follows:
  8. The placement of the child with the relative guardian OR  SUCCESSOR
GUARDIAN and any kinship guardianship assistance payments made on behalf
of  the  child under this section shall be considered never to have been
made when determining the  eligibility  for  adoption  subsidy  payments
under  title  nine of this article of a child in such legal guardianship
arrangement.
  S 6. Subdivision 2 of section 458-d of the  social  services  law,  as
added  by  section  4  of  part  F of chapter 58 of the laws of 2010, is
amended to read as follows:
  2. In addition, a social services official shall make payments for the
cost of care, services and supplies payable under the state's program of
medical assistance for needy persons provided  to  any  child  for  whom
kinship guardianship assistance payments are being made under this title

S. 2006                            144                           A. 3006

who is not eligible for medical assistance under subdivision one of this
section  and  for  whom  the relative OR SUCCESSOR guardian is unable to
obtain appropriate and affordable medical  coverage  through  any  other
available means, regardless of whether the child otherwise qualifies for
medical assistance for needy persons. Payments pursuant to this subdivi-
sion  shall be made only with respect to the cost of care, services, and
supplies which are not  otherwise  covered  or  subject  to  payment  or
reimbursement   by  insurance,  medical  assistance  or  other  sources.
Payments made pursuant to this subdivision shall only  be  made  if  the
relative  OR  SUCCESSOR guardian applies to obtain such medical coverage
for the child from all available sources,  unless  the  social  services
official  determines  that  the relative guardian has good cause for not
applying for such coverage; which shall include that appropriate  cover-
age is not available or affordable.
  S 7. Subdivisions 1 and 2 of section 458-f of the social services law,
as  added  by section 4 of part F of chapter 58 of the laws of 2010, are
amended to read as follows:
  1. Any person aggrieved by the decision of a social services  official
not to make a payment or payments pursuant to this title or to make such
payment  or  payments  in  an  inadequate or inappropriate amount or the
failure of a social services official to determine an application  under
this  title  within thirty days after filing, OR THE FAILURE OF A SOCIAL
SERVICES DISTRICT TO  APPROVE  A  PROSPECTIVE  SUCCESSOR  GUARDIAN,  may
appeal to the office of children and family services, which shall review
the  case and give such person an opportunity for a fair hearing thereon
and render its decision within thirty days. All decisions of the  office
of  children  and  family  services  shall  be  binding  upon the social
services district involved and shall be  complied  with  by  the  social
services official thereof.
  2.  The  only  issues which may be raised in a fair hearing under this
section are: (a) whether the social  services  official  has  improperly
denied  an  application  for  payments under this title; (b) whether the
social services official has improperly discontinued payments under this
title; (c) whether the  social  services  official  has  determined  the
amount of the payments made or to be made in violation of the provisions
of  this  title  or the regulations of the office of children and family
services promulgated hereunder; [or] (d)  whether  the  social  services
official  has failed to determine an application under this title within
thirty days; OR (E) WHETHER THE SOCIAL SERVICES OFFICIAL HAS  IMPROPERLY
DENIED  AN  APPLICATION  TO NAME A PROSPECTIVE SUCCESSOR GUARDIAN IN THE
ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT FOR PAYMENTS PURSUANT
TO THIS TITLE OR ANY AMENDMENTS THERETO.
  S 8. Paragraph (c) of subdivision 7 of section  353.3  of  the  family
court  act,  as amended by section 6 of part G of chapter 58 of the laws
of 2010, is amended to read as follows:
  (c) Where the respondent is placed  pursuant  to  subdivision  two  or
three of this section, such report shall contain a plan for the release,
or  conditional  release  (pursuant to section five hundred ten-a of the
executive law), of the respondent to the custody of his or her parent or
other person legally responsible, [to independent living] or to  another
permanency alternative as provided in paragraph (d) of subdivision seven
of  section  355.5 of this part. If the respondent is subject to article
sixty-five of the education law or elects to participate  in  an  educa-
tional  program  leading  to  a  high  school  diploma,  such plan shall
include, but not be limited to, the steps that the agency with which the
respondent is placed has taken and will  be  taking  to  facilitate  the

S. 2006                            145                           A. 3006

enrollment  of the respondent in a school or educational program leading
to a high school diploma following release, or, if such  release  occurs
during the summer recess, upon the commencement of the next school term.
If  the respondent is not subject to article sixty-five of the education
law and does not elect to participate in an educational program  leading
to  a  high  school diploma, such plan shall include, but not be limited
to, the steps that the agency with which the respondent  is  placed  has
taken  and  will  be taking to assist the respondent to become gainfully
employed or enrolled in a vocational program following release.
  S 9. Paragraph (b) of subdivision 7 of section  355.5  of  the  family
court act, as added by chapter 7 of the laws of 1999, is amended to read
as follows:
  (b)  in the case of a respondent who has attained the age of [sixteen]
FOURTEEN, the services needed, if any, to assist the respondent to  make
the transition from foster care to independent living;
  S  10.  Paragraph  (d) of subdivision 7 of section 355.5 of the family
court act, as amended by chapter 181 of the laws of 2000, is amended  to
read as follows:
  (d)  with  regard  to the completion of placement ordered by the court
pursuant to section 353.3 or 355.3 of this [article] PART:  whether  and
when  the respondent: (i) will be returned to the parent; (ii) should be
placed for adoption with  the  local  commissioner  of  social  services
filing  a  petition  for termination of parental rights; (iii) should be
referred for legal guardianship; (iv) should be placed permanently  with
a  fit  and willing relative; or (v) should be placed in another planned
permanent living arrangement WITH A SIGNIFICANT CONNECTION TO  AN  ADULT
WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT if THE RESPONDENT
IS  AGE  SIXTEEN  OR  OLDER  AND  (A)  the office of children and family
services or the local commissioner of social services has documented  to
the  court  [a]:  (1) THE INTENSIVE, ONGOING, AND, AS OF THE DATE OF THE
HEARING, UNSUCCESSFUL EFFORTS MADE TO  RETURN  THE  RESPONDENT  HOME  OR
SECURE  A  PLACEMENT  FOR THE RESPONDENT WITH A FIT AND WILLING RELATIVE
INCLUDING ADULT SIBLINGS, A  LEGAL  GUARDIAN,  OR  AN  ADOPTIVE  PARENT,
INCLUDING  THROUGH  EFFORTS  THAT  UTILIZE  SEARCH  TECHNOLOGY INCLUDING
SOCIAL MEDIA TO FIND BIOLOGICAL FAMILY MEMBERS  FOR  CHILDREN,  (2)  THE
STEPS BEING TAKEN TO ENSURE THAT (I) THE RESPONDENT'S FOSTER FAMILY HOME
OR  CHILD  CARE  FACILITY IS FOLLOWING THE REASONABLE AND PRUDENT PARENT
STANDARD IN ACCORDANCE WITH  GUIDANCE  PROVIDED  BY  THE  UNITED  STATES
DEPARTMENT  OF  HEALTH  AND  HUMAN SERVICES, AND (II) THE RESPONDENT HAS
REGULAR, ONGOING OPPORTUNITIES  TO  ENGAGE  IN  AGE  OR  DEVELOPMENTALLY
APPROPRIATE ACTIVITIES INCLUDING BY CONSULTING WITH THE RESPONDENT IN AN
AGE-APPROPRIATE  MANNER  ABOUT  THE  OPPORTUNITIES  OF THE RESPONDENT TO
PARTICIPATE IN ACTIVITIES; AND (B) THE OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  OR THE LOCAL COMMISSIONER OF SOCIAL SERVICES HAS DOCUMENTED TO
THE COURT AND  THE  COURT  HAS  DETERMINED  THAT  THERE  ARE  compelling
[reason]  REASONS for determining that it [would] CONTINUES TO not be in
the best interest of the respondent to  return  home,  be  referred  for
termination  of  parental  rights and placed for adoption, placed with a
fit and willing relative, or placed with a legal guardian; and  (C)  THE
COURT  HAS  MADE  A DETERMINATION EXPLAINING WHY, AS OF THE DATE OF THIS
HEARING,  ANOTHER  PLANNED  LIVING  ARRANGEMENT   WITH   A   SIGNIFICANT
CONNECTION  TO  AN  ADULT  WILLING  TO  BE A PERMANENCY RESOURCE FOR THE
RESPONDENT IS THE BEST PERMANENCY PLAN FOR THE RESPONDENT; AND
  S 11. Subdivision 8 of section 355.5 of the family court act, as added
by section 2 of part B of chapter 327 of the laws of 2007, is amended to
read as follows:

S. 2006                            146                           A. 3006

  8. At the  permanency  hearing,  the  court  shall  consult  with  the
respondent  in  an  age-appropriate manner regarding the permanency plan
for the respondent; PROVIDED, HOWEVER, THAT IF  THE  RESPONDENT  IS  AGE
SIXTEEN OR OLDER AND THE REQUESTED PERMANENCY PLAN FOR THE RESPONDENT IS
PLACEMENT IN ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT WITH A SIGNIF-
ICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE
RESPONDENT,  THE COURT MUST ASK THE RESPONDENT ABOUT THE DESIRED PERMAN-
ENCY OUTCOME FOR THE RESPONDENT.
  S 12. Subparagraph (ii) of paragraph (a) of subdivision 2  of  section
754  of  the  family  court  act, as amended by chapter 7 of the laws of
1999, is amended to read as follows:
  (ii) in the case of a child who has  attained  the  age  of  [sixteen]
FOURTEEN,  the  services needed, if any, to assist the child to make the
transition from foster care  to  independent  living.  Nothing  in  this
subdivision  shall  be  construed  to modify the standards for directing
detention set forth in section seven hundred thirty-nine of  this  arti-
cle.
  S  13.  The  closing  paragraph  of  paragraph (b) of subdivision 2 of
section 754 of the family court act, as added by chapter 7 of  the  laws
of 1999, is amended to read as follows:
  If  the  court  determines  that  reasonable  efforts are not required
because of one of the grounds set  forth  above,  a  permanency  hearing
shall  be  held within thirty days of the finding of the court that such
efforts are not required. At the permanency  hearing,  the  court  shall
determine  the  appropriateness  of  the permanency plan prepared by the
social services official which shall include whether and when the child:
(A) will be returned to the parent; (B) should be  placed  for  adoption
with  the  social services official filing a petition for termination of
parental rights; (C) should be  referred  for  legal  guardianship;  (D)
should  be  placed  permanently  with a fit and willing relative; or (E)
should be placed in another planned permanent living arrangement WITH  A
SIGNIFICANT  CONNECTION  TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE
FOR THE CHILD IF THE CHILD IS AGE SIXTEEN OR OLDER AND  if  the  [social
services  official  has  documented to the court a compelling reason for
determining that it would not be in the best interest of  the  child  to
return  home,  be referred for termination of parental rights and placed
for adoption, placed with a fit and willing relative, or placed  with  a
legal  guardian]  REQUIREMENTS  OF SUBPARAGRAPH (E) OF PARAGRAPH (IV) OF
SUBDIVISION (D) OF SECTION SEVEN HUNDRED FIFTY-SIX-A OF THIS  PART  HAVE
BEEN MET.  The social services official shall thereafter make reasonable
efforts  to  place the child in a timely manner and to complete whatever
steps are necessary to finalize the permanent placement of the child  as
set  forth  in  the permanency plan approved by the court. If reasonable
efforts are determined by the court not to be required because of one of
the grounds set forth in this paragraph, the  social  services  official
may  file  a  petition  for termination of parental rights in accordance
with section three hundred eighty-four-b of the social services law.
  S 14. Paragraph (ii) of subdivision (d) of section 756-a of the family
court act, as amended by section 4 of part B of chapter 327 of the  laws
of 2007, is amended to read as follows:
  (ii)  in  the  case  of  a child who has attained the age of [sixteen]
FOURTEEN, the services needed, if any, to assist the child to  make  the
transition from foster care to independent living;
  S 15. Paragraphs (iii) and (iv) of subdivision (d) of section 756-a of
the  family  court act, as amended by section 4 of part B of chapter 327
of the laws of 2007, are amended to read as follows:

S. 2006                            147                           A. 3006

  (iii) in the case of a child placed outside New  York  state,  whether
the  out-of-state  placement continues to be appropriate and in the best
interests of the child; [and]
  (iv)  whether  and when the child: (A) will be returned to the parent;
(B) should be placed for adoption  with  the  social  services  official
filing  a  petition  for  termination  of parental rights; (C) should be
referred for legal guardianship; (D) should be placed permanently with a
fit and willing relative; or (E) should be  placed  in  another  planned
permanent  living  arrangement WITH A SIGNIFICANT CONNECTION TO AN ADULT
WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD if THE  CHILD  IS  AGE
SIXTEEN  OR OLDER AND (1) the social services official has documented to
the court [a]: (I) INTENSIVE, ONGOING, AND, AS OF THE DATE OF THE  HEAR-
ING, UNSUCCESSFUL EFFORTS MADE BY THE SOCIAL SERVICES DISTRICT TO RETURN
THE  CHILD HOME OR SECURE A PLACEMENT FOR THE CHILD WITH A FIT AND WILL-
ING RELATIVE INCLUDING ADULT SIBLINGS, A LEGAL GUARDIAN, OR AN  ADOPTIVE
PARENT, INCLUDING THROUGH EFFORTS THAT UTILIZE SEARCH TECHNOLOGY INCLUD-
ING  SOCIAL  MEDIA  TO FIND BIOLOGICAL FAMILY MEMBERS FOR CHILDREN, (II)
THE STEPS THE SOCIAL SERVICES DISTRICT IS TAKING TO ENSURE THAT (A)  THE
CHILD'S  FOSTER  FAMILY  HOME  OR  CHILD  CARE FACILITY IS FOLLOWING THE
REASONABLE AND PRUDENT  PARENT  STANDARD  IN  ACCORDANCE  WITH  GUIDANCE
PROVIDED  BY  THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES,
AND (B) THE CHILD HAS REGULAR, ONGOING OPPORTUNITIES TO ENGAGE IN AGE OR
DEVELOPMENTALLY APPROPRIATE ACTIVITIES INCLUDING BY CONSULTING WITH  THE
CHILD  IN AN AGE-APPROPRIATE MANNER ABOUT THE OPPORTUNITIES OF THE CHILD
TO PARTICIPATE IN ACTIVITIES; AND (2) THE SOCIAL SERVICES  DISTRICT  HAS
DOCUMENTED  TO  THE  COURT  AND  THE COURT HAS DETERMINED THAT THERE ARE
compelling [reason] REASONS for determining that it [would] CONTINUES TO
not be in the best interest of the child to return home, be referred for
termination of parental rights and placed for adoption,  placed  with  a
fit  and  willing relative, or placed with a legal guardian; and (3) THE
COURT HAS MADE A DETERMINATION EXPLAINING WHY, AS OF  THE  DATE  OF  THE
HEARING,   ANOTHER   PLANNED   LIVING  ARRANGEMENT  WITH  A  SIGNIFICANT
CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD
IS THE BEST PERMANENCY PLAN FOR THE CHILD; AND
  (V) where the child will not be returned home, consideration of appro-
priate in-state and out-of-state placements.
  S 16. Subdivision (d-1) of section 756-a of the family court  act,  as
added  by  section  4  of  part B of chapter 327 of the laws of 2007, is
amended to read as follows:
  (d-1) At the permanency hearing, the  court  shall  consult  with  the
respondent  in  an age-appropriate manner regarding the permanency plan;
PROVIDED, HOWEVER, THAT IF THE RESPONDENT IS AGE SIXTEEN  OR  OLDER  AND
THE REQUESTED PERMANENCY PLAN FOR THE RESPONDENT IS PLACEMENT IN ANOTHER
PLANNED PERMANENT LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN
ADULT  WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT, THE COURT
MUST ASK THE RESPONDENT ABOUT THE DESIRED  PERMANENCY  OUTCOME  FOR  THE
RESPONDENT.
  S 17. Paragraph (v) of subdivision (c) of section 1039-b of the family
court  act, as amended by section 5 of part B of chapter 327 of the laws
of 2007, is amended to read as follows:
  (v) should be placed in another planned permanent  living  arrangement
WITH  A  SIGNIFICANT  CONNECTION  TO AN ADULT WILLING TO BE A PERMANENCY
RESOURCE FOR THE CHILD IF THE CHILD IS AGE SIXTEEN OR OLDER AND  if  the
[social  services  official  has  documented  to  the court a compelling
reason for determining that it would not be in the best interests of the
child to return home, be referred for termination of parental rights and

S. 2006                            148                           A. 3006

placed for adoption, placed with a fit and willing relative,  or  placed
with a legal guardian] REQUIREMENTS OF CLAUSE (E) OF SUBPARAGRAPH (I) OF
PARAGRAPH  TWO OF SUBDIVISION (D) OF SECTION ONE THOUSAND EIGHTY-NINE OF
THIS  CHAPTER  HAVE BEEN MET.  The social services official shall there-
after make reasonable efforts to place the child  in  a  timely  manner,
including  consideration of appropriate in-state and out-of-state place-
ments, and to complete whatever steps  are  necessary  to  finalize  the
permanent  placement  of  the  child as set forth in the permanency plan
approved by the court. If reasonable efforts are determined by the court
not to be required because of one of the grounds set forth in this para-
graph, the social services official may file a petition for  termination
of   parental   rights   in   accordance   with  section  three  hundred
eighty-four-b of the social services law.
  S 18. Item (v) of clause 7 of subparagraph (A)  of  paragraph  (i)  of
subdivision  (b)  of section 1052 of the family court act, as amended by
section 7 of part B of chapter 327 of the laws of 2007,  is  amended  to
read as follows:
  (v)  should  be placed in another planned permanent living arrangement
that includes a significant connection to an adult [who is]  willing  to
be  a  permanency resource for the child, IF THE CHILD IS AGE SIXTEEN OR
OLDER AND if the [social services official has documented to the court a
compelling reason for determining that it  would  not  be  in  the  best
interest  of  the  child  to return home, be referred for termination of
parental rights and placed for adoption, placed with a fit  and  willing
relative, or placed with a legal guardian] REQUIREMENTS OF CLAUSE (E) OF
SUBPARAGRAPH  (I)  OF  PARAGRAPH  TWO  OF SUBDIVISION (D) OF SECTION ONE
THOUSAND EIGHTY-NINE OF THE CHAPTER HAVE BEEN MET. The  social  services
official  shall thereafter make reasonable efforts to place the child in
a timely manner, including consideration  of  appropriate  in-state  and
out-of-state placements, and to complete whatever steps are necessary to
finalize  the  permanent  placement  of  the  child  as set forth in the
permanency plan approved by the court. If reasonable efforts are  deter-
mined  by the court not to be required because of one of the grounds set
forth in this paragraph, the social services official may file  a  peti-
tion for termination of parental rights in accordance with section three
hundred eighty-four-b of the social services law.
  S  19.  Subparagraph  (v) of paragraph 1 of subdivision (c) of section
1089 of the family court act, as added by section 27 of part A of  chap-
ter 3 of the laws of 2005, is amended to read as follows:
  (v)  placement  in  another  planned permanent living arrangement that
includes a significant connection to an adult who is  willing  to  be  a
permanency  resource for the child IF THE CHILD IS AGE SIXTEEN OR OLDER,
including documentation of: (A) INTENSIVE, ONGOING, AND, AS OF THE  DATE
OF  THE HEARING, UNSUCCESSFUL EFFORTS TO RETURN THE CHILD HOME OR SECURE
A PLACEMENT FOR THE CHILD WITH A  FIT  AND  WILLING  RELATIVE  INCLUDING
ADULT  SIBLINGS,  A  LEGAL  GUARDIAN,  OR  AN ADOPTIVE PARENT, INCLUDING
THROUGH EFFORTS THAT UTILIZE SEARCH TECHNOLOGY INCLUDING SOCIAL MEDIA TO
FIND BIOLOGICAL FAMILY MEMBERS FOR CHILDREN, (B) THE STEPS  BEING  TAKEN
TO ENSURE THAT (I) THE CHILD'S FOSTER FAMILY HOME OR CHILD CARE FACILITY
IS  FOLLOWING  THE  REASONABLE AND PRUDENT PARENT STANDARD IN ACCORDANCE
WITH THE GUIDANCE PROVIDED BY THE UNITED STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES, AND (II) THE CHILD HAS REGULAR, ONGOING OPPORTUNITIES TO
ENGAGE IN AGE OR DEVELOPMENTALLY  APPROPRIATE  ACTIVITIES  INCLUDING  BY
CONSULTING  WITH THE CHILD IN AN AGE-APPROPRIATE MANNER ABOUT THE OPPOR-
TUNITIES OF THE CHILD TO PARTICIPATE IN ACTIVITIES, AND (C) the  compel-
ling  [reason]  REASONS for determining that it [would] CONTINUES TO not

S. 2006                            149                           A. 3006

be in the best interests of the child to be returned  home,  placed  for
adoption, placed with a legal guardian, or placed with a fit and willing
relative;
  S  20. The opening paragraph of subdivision (d) of section 1089 of the
family court act, as amended by chapter 334 of  the  laws  of  2009,  is
amended to read as follows:
  Evidence, court findings and order. The provisions of subdivisions (a)
and (c) of section one thousand forty-six of this act shall apply to all
proceedings under this article.  THE PERMANENCY HEARING SHALL INCLUDE AN
AGE  APPROPRIATE  CONSULTATION WITH THE CHILD; PROVIDED, HOWEVER THAT IF
THE CHILD IS AGE SIXTEEN OR OLDER AND THE REQUESTED PERMANENCY PLAN  FOR
THE  CHILD  IS PLACEMENT IN ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT
WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING  TO  BE  A  PERMANENCY
RESOURCE  FOR  THE CHILD, THE COURT MUST ASK THE CHILD ABOUT THE DESIRED
PERMANENCY OUTCOME FOR THE CHILD. At the conclusion of  each  permanency
hearing,  the  court shall, upon the proof adduced, [which shall include
age-appropriate consultation with the child who is the  subject  of  the
permanency hearing,] and in accordance with the best interests and safe-
ty  of  the child, including whether the child would be at risk of abuse
or neglect if returned to the parent or other person  legally  responsi-
ble, determine and issue its findings, and enter an order of disposition
in writing:
  S 21. Clause (E) of subparagraph (i) of paragraph 2 of subdivision (d)
of  section 1089 of the family court act, as added by section 27 of part
A of chapter 3 of the laws of 2005, is amended to read as follows:
  (E) placement in another planned  permanent  living  arrangement  that
includes a significant connection to an adult willing to be a permanency
resource  for the child if the [local social services official has docu-
mented to] CHILD IS AGE SIXTEEN OR OLDER AND the court  [a]  HAS  DETER-
MINED  THAT  AS  OF  THE DATE OF THE PERMANENCY HEARING, ANOTHER PLANNED
PERMANENCY LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN  ADULT
WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD IS THE BEST PERMANENCY
PLAN  FOR THE CHILD AND THERE ARE compelling [reason] REASONS for deter-
mining that it [would] CONTINUES TO not be in the best interests of  the
child to return home, be referred for termination of parental rights and
placed  for  adoption, placed with a fit and willing relative, or placed
with a legal guardian;
  S 22. Subdivision 2 of section 4173  of  the  public  health  law,  as
amended  by  chapter  644  of  the  laws  of 1988, is amended to read as
follows:
  2. A certified copy or certified transcript of a birth record shall be
issued only upon order of a court of competent jurisdiction  or  upon  a
specific  request  therefor  by  the person, if eighteen years of age or
more, or by a parent or other lawful representative  of  the  person  to
whom  the record of birth relates INCLUDING AN AUTHORIZED REPRESENTATIVE
OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A LOCAL SOCIAL SERVICES
DISTRICT IF THE PERSON IS IN THE CARE AND CUSTODY OR CUSTODY AND GUARDI-
ANSHIP OF SUCH ENTITY.
  S 23. Paragraph (b) of subdivision 1 of section  4174  of  the  public
health law, as amended by chapter 396 of the laws of 1989, is amended to
read as follows:
  (b)  issue  certified copies or certified transcripts of birth certif-
icates only (1) upon order of a court of competent jurisdiction, or  (2)
upon  specific  request therefor by the person, if eighteen years of age
or more, or by a parent or other lawful representative of the person, to
whom the record of birth relates INCLUDING AUTHORIZED REPRESENTATIVES OF

S. 2006                            150                           A. 3006

A LOCAL SOCIAL SERVICES DISTRICT IF THE PERSON IS IN THE CARE AND CUSTO-
DY OR CUSTODY AND GUARDIANSHIP OF SUCH DISTRICT, or  (3)  upon  specific
request therefor by a department of a state or the federal government of
the United States;
  S  24.  Subdivision  4  of  section  4174 of the public health law, as
amended by section 132 of subpart B of part C of chapter 62 of the  laws
of 2011, is amended to read as follows:
  4.  No  fee shall be charged for a search, certification, certificate,
certified copy or certified transcript of a record to be used for school
entrance, employment certificate or for purposes  of  public  relief  or
when  required  by the veterans administration to be used in determining
the eligibility of any person to participate in the benefits made avail-
able by the veterans administration or  when  required  by  a  board  of
elections  for  the  purposes  of  determining voter eligibility or when
requested by the department of corrections and community supervision  or
a  local  correctional  facility  as  defined  in subdivision sixteen of
section two of the correction law for the purpose of providing a  certi-
fied  copy or certified transcript of birth to an inmate in anticipation
of such inmate's release from custody or when requested by the office of
children and family services or an authorized agency for the purpose  of
providing  a  certified copy or certified transcript of birth to a youth
placed in the CARE AND custody OR CUSTODY AND GUARDIANSHIP of the  local
commissioner  of  social services or the CARE AND custody OR CUSTODY AND
GUARDIANSHIP of the office of children and family services [pursuant  to
article  three  of the family court act] in anticipation of such youth's
discharge from placement OR FOSTER CARE.
  S 25. Subdivision 1 of section 837-e of the executive law, as  amended
by chapter 690 of the laws of 1994, is amended to read as follows:
  1.  There is hereby established through electronic data processing and
related procedures, a statewide central register  for  missing  children
which  shall  be  compatible  with the national crime information center
register maintained pursuant to the  federal  missing  children  act  of
nineteen  hundred  eighty-two[,  such missing]. AS USED IN THIS ARTICLE,
THE TERM MISSING child [hereinafter defined as] SHALL  MEAN  any  person
under  the age of eighteen years, OR ANY YOUTH, UNDER THE AGE OF TWENTY-
ONE YEARS, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES  OR  A  LOCAL
DEPARTMENT OF SOCIAL SERVICES HAS RESPONSIBILITY FOR PLACEMENT, CARE, OR
SUPERVISION,  OR WHO IS THE SUBJECT CHILD OF A CHILD PROTECTIVE INVESTI-
GATION, IS RECEIVING SERVICES UNDER SECTION 477 OF THE  SOCIAL  SECURITY
ACT,  OR  HAS RUN AWAY FROM FOSTER CARE, WHERE SUCH OFFICE OR DEPARTMENT
HAS REASONABLE CAUSE TO BELIEVE THAT SUCH YOUTH IS, OR  IS  AT  RISK  OF
BEING,  A  SEX TRAFFICKING VICTIM, WHO IS missing from his or her normal
and ordinary place of residence and whose whereabouts cannot  be  deter-
mined  by  a person responsible for the child's care and any child known
to have been taken, enticed or concealed from the custody of his or  her
lawful guardian by a person who has no legal right to do so.
  S  26.  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. 2006                            151                           A. 3006

  S  27.  This  act shall take effect immediately, provided however that
sections eight through twenty-four of this act shall take effect Septem-
ber 1, 2015 and section twenty-five of this act shall take effect  Janu-
ary 1, 2016.

                                 PART M

  Section  1.  Notwithstanding  any  other provision of law, the housing
trust fund corporation may provide, for purposes  of  the  rural  rental
assistance  program,  a sum not to exceed twenty-one million six hundred
forty-two thousand dollars for the fiscal year ending  March  31,  2016.
Notwithstanding  any other provision of law, and subject to the approval
of the New York state director of the budget, the board of directors  of
the  state  of  New York mortgage agency shall authorize the transfer to
the housing trust fund corporation, for the purposes of reimbursing  any
costs  associated with rural rental assistance program contracts author-
ized by this section, a total sum not to exceed twenty-one  million  six
hundred  forty-two  thousand  dollars, such transfer to be made from (i)
the special account of the mortgage insurance fund created  pursuant  to
section 2429-b of the public authorities law, in an amount not to exceed
the  actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2014-2015 in accordance with  section  2429-b
of  the  public  authorities  law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the  public  authorities  law
are  sufficient  to attain and maintain the credit rating (as determined
by the state of New York mortgage agency)  required  to  accomplish  the
purposes  of  such  account,  the  project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2015.  Notwithstanding any other provision of
law, such funds may be used by the corporation in support  of  contracts
scheduled to expire in the fiscal year ending March 31, 2016 for as many
as  10  additional  years;  in  support  of  contracts  for new eligible
projects for a period not to exceed 5 years; and in support of contracts
which reach their 25 year maximum in and/or prior  to  the  fiscal  year
ending March 31, 2016 for an additional one year period.
  S  2.  Notwithstanding any other provision of law, the housing finance
agency may provide, for costs  associated  with  the  rehabilitation  of
Mitchell  Lama  housing  projects, a sum not to exceed forty-two million
dollars for the fiscal year ending March 31, 2016.  Notwithstanding  any
other  provision  of  law, and provided that the reserves in the project
pool insurance account of the mortgage insurance fund  created  pursuant
to section 2429-b of the public authorities law are sufficient to attain
and  maintain  the credit rating (as determined by the state of New York
mortgage agency) required to accomplish the purposes  of  such  account,
the  board  of  directors of the state of New York mortgage agency shall
authorize the transfer from the project pool insurance  account  of  the
mortgage  insurance fund to the housing finance agency, for the purposes
of reimbursing any costs associated with Mitchell Lama housing  projects
authorized  by this section, a total sum not to exceed forty-two million
dollars as soon as practicable but no later than March 31, 2016.
  S 3. Notwithstanding any other provision of  law,  the  housing  trust
fund corporation may provide, for purposes of the neighborhood preserva-
tion  program,  a  sum not to exceed eight million four hundred seventy-
nine thousand dollars  for  the  fiscal  year  ending  March  31,  2016.

S. 2006                            152                           A. 3006

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 2014-2015 in accordance with section 2429-b
of the public authorities law, if any, and/or  (ii)  provided  that  the
reserves in the project pool insurance account of the mortgage insurance
fund  created  pursuant  to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating  (as  determined
by  the  state  of  New York mortgage agency) required to accomplish the
purposes of such account, the project  pool  insurance  account  of  the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2015.
  S  4.  Notwithstanding  any  other provision of law, the housing trust
fund corporation may provide, for purposes  of  the  rural  preservation
program,  a  sum  not  to  exceed three million five hundred thirty-nine
thousand dollars for the fiscal year ending March 31,  2016.    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 2014-2015 in accordance with  section  2429-b
of  the  public  authorities  law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the  public  authorities  law
are  sufficient  to attain and maintain the credit rating (as determined
by the state of New York mortgage agency)  required  to  accomplish  the
purposes  of  such  account,  the  project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2015.
  S 5. Notwithstanding any other provision of  law,  the  housing  trust
fund corporation may provide, for purposes of the rural and urban commu-
nity  investment  fund  program created pursuant to article XXVII of the
private housing finance law, a  sum  not  to  exceed  seventeen  million
dollars  for the fiscal year ending March 31, 2016.  Notwithstanding any
other provision of law, and provided that the reserves  in  the  project
pool  insurance  account of the mortgage insurance fund created pursuant
to section 2429-b of the public authorities law are sufficient to attain
and maintain the credit rating (as determined by the state of  New  York
mortgage  agency)  required  to accomplish the purposes of such account,
the board of directors of the state of New York  mortgage  agency  shall
authorize  the  transfer  from the project pool insurance account of the

S. 2006                            153                           A. 3006

mortgage insurance fund to the housing trust fund corporation,  for  the
purposes of reimbursing any costs associated with rural and urban commu-
nity  investment  fund  program  contracts authorized by this section, a
total sum not to exceed seventeen million dollars as soon as practicable
but not later than March 31, 2016.
  S  6.  Notwithstanding  any  other provision of law, the housing trust
fund corporation may provide, for  the  purposes  of  carrying  out  the
provisions of the low income housing trust fund program created pursuant
to article XVIII of the private housing finance law, a sum not to exceed
seven  million  five hundred thousand dollars for the fiscal year ending
March 31, 2016. Notwithstanding any other provision of law, and provided
that reserves in the project pool  insurance  account  of  the  mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties  law  are  sufficient  to attain and maintain the credit rating (as
determined by the state of New York mortgage agency) required to  accom-
plish  the purposes of such account, the board of directors of the state
of New York mortgage  agency  shall  authorize  the  transfer  from  the
project  pool  insurance  account  of the mortgage insurance fund to the
housing trust fund corporation, for the purposes  of  carrying  out  the
provisions of the low income housing trust fund program created pursuant
to  article  XVIII of the private housing finance law authorized by this
section, a total sum not to exceed seven million five  hundred  thousand
dollars as soon as practicable but no later than March 31, 2016.
  S  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 eight million five hundred thousand dollars for the fiscal
year ending March 31, 2016. Notwithstanding any other provision of  law,
and  provided that the reserves in the project pool insurance account of
the mortgage insurance fund created pursuant to section  2429-b  of  the
public  authorities law are sufficient to attain and maintain the credit
rating (as determined by the state of New York mortgage agency) required
to accomplish the purposes of such account, the board  of  directors  of
the  state of New York mortgage agency shall authorize the transfer from
the project pool insurance account of the mortgage insurance fund to the
housing trust fund corporation, for  the  purposes  of  reimbursing  any
costs  associated  with  homes  for  working  families program contracts
authorized by this section, a total sum not to exceed eight million five
hundred thousand dollars as soon as practicable but no later than  March
31, 2016.
  S  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  sixteen  million  three  hundred
forty  thousand  dollars  for the fiscal year ending March 31, 2016. The
homeless housing and assistance corporation may enter into an  agreement
with  the  office  of  temporary and disability assistance to administer
such sum in accordance with the requirements of the  programs.  Notwith-
standing  any other provision of law, and subject to the approval of the
director of the budget, the board of directors of the state of New  York
mortgage agency shall authorize the transfer to the homeless housing and
assistance  corporation, a total sum not to exceed sixteen million three

S. 2006                            154                           A. 3006

hundred forty thousand dollars, such transfer to be made  from  (i)  the
special  account  of  the  mortgage  insurance  fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the  actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2014-2015 in accordance with  section  2429-b
of  the  public  authorities  law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the  public  authorities  law
are  sufficient  to attain and maintain the credit rating (as determined
by the state of New York mortgage agency)  required  to  accomplish  the
purposes  of  such  account,  the  project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than March 31, 2016.
  S 9. This act shall take effect immediately.

                                 PART N

  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,
  $11.50 IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION AND $10.50
IN  THE  REMAINDER  OF  THE  STATE ON AND AFTER DECEMBER 31, 2016 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. This act shall take effect immediately.

                                 PART O

  Section 1. The labor law is amended by adding a new section  202-m  to
read as follows:
  S  202-M.  HEALTHCARE  PROFESSIONALS  WHO VOLUNTEER TO FIGHT THE EBOLA
VIRUS DISEASE OVERSEAS. 1. FINDINGS AND POLICY OF THE STATE. IT IS HERE-
BY FOUND AND DECLARED THAT THE EBOLA VIRUS DISEASE IS A RARE AND  POTEN-
TIALLY  DEADLY  DISEASE CAUSED BY INFECTION WITH ONE OF FOUR EBOLA VIRUS
STRAINS KNOWN TO CAUSE DISEASE IN HUMANS, THAT THE WORLD  HEALTH  ORGAN-
IZATION  HAS  DECLARED  THAT THE CURRENT EBOLA VIRUS DISEASE OUTBREAK IN
WEST AFRICA CONSTITUTES  A  PUBLIC  HEALTH  EMERGENCY  OF  INTERNATIONAL
CONCERN,  AND THAT THE CENTERS FOR DISEASE CONTROL AND PREVENTION OF THE
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES HAS REPORTED  THAT
THE  NUMBER OF FUTURE EBOLA VIRUS DISEASE CASES WILL REACH EXTRAORDINARY
LEVELS WITHOUT A SCALE-UP OF INTERVENTIONS. IT IS HEREBY DECLARED TO  BE
THE  POLICY OF THE STATE TO WORK WITH ITS INTERNATIONAL PARTNERS TO HELP
ERADICATE THE EBOLA VIRUS DISEASE BY SUPPORTING THE DEDICATED  NEW  YORK

S. 2006                            155                           A. 3006

STATE  HEALTHCARE  PROFESSIONALS  WHO SEEK TO PROVIDE INVALUABLE HELP TO
THIS EFFORT.
  2.  BILL  OF RIGHTS. A HEALTHCARE PROFESSIONAL WHO VOLUNTEERS TO FIGHT
EBOLA IS PROTECTED BY EXISTING STATE LAWS THAT  PROHIBIT  DISCRIMINATION
ON  THE  BASIS  OF  AN  ACTUAL OR PERCEIVED DISABILITY. UPON RETURN FROM
FIGHTING EBOLA OVERSEAS, A HEALTHCARE PROFESSIONAL WILL BE PROVIDED WITH
A BILL OF RIGHTS OUTLINING THESE EXISTING ANTI-DISCRIMINATION  LAWS.  IN
ADDITION  TO  THESE EXISTING ANTI-DISCRIMINATION LAWS, AND IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION, HEALTHCARE PROFESSIONALS SHALL HAVE
THE RIGHT TO SEEK A LEAVE OF ABSENCE TO VOLUNTEER TO FIGHT  EBOLA  OVER-
SEAS WITHOUT ADVERSE EMPLOYMENT CONSEQUENCES.
  3.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "EMPLOYEE"  MEANS  ANY  INDIVIDUAL  HEALTHCARE  PROFESSIONAL  WHO
PERFORMS  SERVICES  FOR  HIRE  FOR  AN EMPLOYER BUT SHALL NOT INCLUDE AN
INDEPENDENT CONTRACTOR.
  (B) "EMPLOYER" MEANS A PERSON OR  ENTITY  THAT  EMPLOYS  A  HEALTHCARE
PROFESSIONAL  AND INCLUDES AN INDIVIDUAL, CORPORATION, LIMITED LIABILITY
COMPANY, PARTNERSHIP,  ASSOCIATION,  NONPROFIT  ORGANIZATION,  GROUP  OF
PERSONS,  COUNTY,  TOWN,  CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY, STATE
AGENCY, OR OTHER GOVERNMENTAL SUBDIVISION OF ANY KIND.
  (C) "FIGHT EBOLA" MEANS TO SERVE AS A  HEALTHCARE  PROFESSIONAL  IN  A
COUNTRY  THAT  HAS  BEEN CLASSIFIED AS HAVING WIDESPREAD TRANSMISSION OF
THE  EBOLA  VIRUS  DISEASE  BY  THE  CENTERS  FOR  DISEASE  CONTROL  AND
PREVENTION OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.
  (D) "HEALTHCARE PROFESSIONAL" MEANS:
  (I) A PHYSICIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF
THE EDUCATION LAW;
  (II)  A  PHYSICIAN  ASSISTANT LICENSED PURSUANT TO ARTICLE ONE HUNDRED
THIRTY-ONE-B OF THE EDUCATION LAW;
  (III) A NURSE PRACTITIONER LICENSED PURSUANT TO  ARTICLE  ONE  HUNDRED
THIRTY-NINE OF THE EDUCATION LAW;
  (IV)  A REGISTERED PROFESSIONAL NURSE LICENSED PURSUANT TO ARTICLE ONE
HUNDRED THIRTY-NINE OF THE EDUCATION LAW; AND
  (V) OTHER HEALTHCARE PROFESSIONS AS ADDED BY THE COMMISSIONER.
  (E) "LEAVE OF ABSENCE" MEANS TIME AWAY FROM WORK THAT IS EXCUSED. SUCH
TIME SHALL BE UNPAID, UNLESS THE EMPLOYEE REQUESTS THAT SUCH TIME, OR  A
PORTION  THEREOF,  BE  PAID PURSUANT TO A CHARGE AGAINST PAID LEAVE THAT
HAS ACCRUED TO SUCH EMPLOYEE.
  (F) "UNDUE HARDSHIP" MEANS AN ABSENCE REQUIRING SIGNIFICANT EXPENSE OR
DIFFICULTY, INCLUDING A SIGNIFICANT INTERFERENCE WITH THE SAFE OR  EFFI-
CIENT OPERATION OF THE WORKPLACE OR A VIOLATION OF A BONA FIDE SENIORITY
SYSTEM.  FACTORS  TO  BE  CONSIDERED  IN  DETERMINING WHETHER AN ABSENCE
CONSTITUTES AN UNDUE ECONOMIC HARDSHIP SHALL INCLUDE, BUT NOT BE LIMITED
TO THE IDENTIFIABLE COST OF THE ABSENCE, INCLUDING THE COSTS OF LOSS  OF
PRODUCTIVITY  AND  OF  RETRAINING,  HIRING  OR TRANSFER OF EMPLOYEES, IN
RELATION TO THE SIZE AND OPERATING COSTS OF THE EMPLOYER AND OTHER KNOWN
OR REASONABLY FORESEEABLE ABSENCES, THE OVERALL FINANCIAL  RESOURCES  OF
THE  EMPLOYER,  THE  NUMBER OF EMPLOYEES AT THE EMPLOYEE'S FACILITY, THE
EMPLOYEE'S ROLE WITHIN THE  FACILITY,  THE  TYPE  OF  OPERATION  OF  THE
EMPLOYER,  INCLUDING  THE STRUCTURE AND FUNCTIONS OF THE EMPLOYEE WITHIN
IT, THE IMPACT ON THE OPERATION OF  THE  EMPLOYER,  AND  THE  EMPLOYER'S
ABILITY  TO HIRE TEMPORARY OR NEW EMPLOYEES WITH THE REQUISITE SKILLS TO
ENSURE THE EMPLOYER'S CONTINUED OPERATIONS.
  (G) "VOLUNTEER" MEANS TO FREELY OFFER  SERVICES  TO  FIGHT  EBOLA  AND
INCLUDES SUCH SERVICES WITHOUT REGARD TO WHETHER THEY ARE COMPENSATED.

S. 2006                            156                           A. 3006

  4. LEAVE OF ABSENCE BY HEALTHCARE PROFESSIONALS WHO VOLUNTEER TO FIGHT
EBOLA.  AN  EMPLOYEE  COVERED BY THIS SECTION HAS THE RIGHT TO REQUEST A
LEAVE OF ABSENCE TO VOLUNTEER TO FIGHT EBOLA FROM HIS OR HER EMPLOYER AS
HEREIN PROVIDED. AN EMPLOYER SHALL GRANT SUCH REQUEST  FOR  A  LEAVE  OF
ABSENCE  TO  VOLUNTEER  TO  FIGHT  EBOLA,  UNLESS THE EMPLOYEE'S ABSENCE
IMPOSES AN UNDUE HARDSHIP ON THE EMPLOYER'S BUSINESS OR OPERATIONS.
  5. DURATION OF THE LEAVE OF ABSENCE. (A) THE DURATION OF THE LEAVE  OF
ABSENCE  SHALL  BE THE FULL TIME PERIOD REQUESTED BY THE EMPLOYEE, WHICH
SHALL INCLUDE TRAVEL TIME, SERVICE VOLUNTEERING TO FIGHT  EBOLA,  AND  A
REASONABLE  PERIOD OF REST AND RECOVERY. IF THE EMPLOYER DETERMINES THAT
AN ABSENCE FOR THAT FULL PERIOD OF TIME WOULD CONSTITUTE AN UNDUE  HARD-
SHIP, THE EMPLOYER AND EMPLOYEE SHALL WORK TOGETHER TO DETERMINE WHETHER
THERE  IS  A  SHORTER  PERIOD OF TIME THAT WOULD NOT CONSTITUTE AN UNDUE
HARDSHIP THAT WOULD STILL ALLOW  THE  EMPLOYEE  TO  VOLUNTEER  TO  FIGHT
EBOLA.  IF  THE  EMPLOYER  AND  EMPLOYEE AGREE ON A SHORTER PERIOD, THAT
SHALL BE THE DURATION OF THE LEAVE  OF  ABSENCE  UNDER  THIS  PARAGRAPH.
OTHERWISE, IF THEY ARE UNABLE TO AGREE ON A SHORTER PERIOD, THE LEAVE OF
ABSENCE SHALL BE DEEMED DENIED.
  (B)  THE DURATION OF LEAVE OF ABSENCE, AS DETERMINED PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION SHALL BE EXTENDED  TO  INCLUDE  ANY  ADDI-
TIONAL  PERIOD  OF TIME THAT THE EMPLOYEE BECOMES SUBJECT TO A MANDATORY
QUARANTINE PERIOD IMPOSED AT THE END OF THE EMPLOYEE'S VOLUNTARY SERVICE
TO FIGHT EBOLA.
  6. LEAVE OF ABSENCE REQUEST. AN EMPLOYEE'S  REQUEST  FOR  A  LEAVE  OF
ABSENCE  PURSUANT  TO  THIS SECTION SHALL BE MADE, IN WRITING, TO HIS OR
HER EMPLOYER AT LEAST TWENTY-ONE DAYS PRIOR TO THE  EMPLOYEE'S  PROPOSED
START  DATE OF SUCH LEAVE OF ABSENCE. THE EMPLOYEE'S REQUEST SHALL, AT A
MINIMUM:
  (A) IDENTIFY THE DURATION OF LEAVE SOUGHT, INCLUDING  THE  ANTICIPATED
START  AND  END  DATES OF THE VOLUNTEER SERVICE, TOGETHER WITH ANY ADDI-
TIONAL TIME SOUGHT FOR TRANSPORTATION AND FOR REST PRIOR TO RETURNING TO
WORK;
  (B) IDENTIFY THE SERVICE TO BE VOLUNTEERED, INCLUDING THE COUNTRY  AND
THE ORGANIZATION WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING; AND
  (C) CERTIFY THAT SUCH SERVICE CONSTITUTES VOLUNTEERING TO FIGHT EBOLA,
WITHIN THE MEANING OF THIS SECTION.
  7. NOTARIZATION. UPON THE EMPLOYER'S REQUEST, AN EMPLOYEE WHO HAS BEEN
GRANTED A LEAVE OF ABSENCE IN ACCORDANCE WITH THIS SECTION SHALL PROVIDE
HIS  OR HER EMPLOYER WITH A NOTARIZED STATEMENT FROM THE ORGANIZATION OR
ENTITY WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING. THE STATEMENT SHALL:
  (A) IDENTIFY THE ANTICIPATED START AND  END  DATES  OF  THE  VOLUNTEER
SERVICE  AND  THE TERMS OF SERVICE, INCLUDING ANY COMPENSATION AND BENE-
FITS TO BE PROVIDED;
  (B) IDENTIFY THE SERVICE TO BE VOLUNTEERED, INCLUDING THE COUNTRY  AND
THE ORGANIZATION WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING; AND
  (C) CERTIFY THAT SUCH SERVICE CONSTITUTES VOLUNTEERING TO FIGHT EBOLA,
WITHIN THE MEANING OF THIS SECTION.
  8.  BENEFITS DURING LEAVE. EMPLOYEES WHO TAKE LEAVE UNDER THIS SECTION
SHALL BE RESTORED AT THE COMPLETION OF SUCH LEAVE TO THE SAME OR  COMPA-
RABLE  POSITION  WITHOUT LOSS OF SENIORITY, SHALL BE ENTITLED TO PARTIC-
IPATE IN INSURANCE OR OTHER BENEFITS OFFERED BY THE EMPLOYER PURSUANT TO
ESTABLISHED RULES AND PRACTICES RELATING TO  EMPLOYEES  ON  FURLOUGH  OR
LEAVE  OF  ABSENCE IN EFFECT WITH THE EMPLOYER AT THE TIME SUCH EMPLOYEE
MADE REQUEST TO TAKE LEAVE OF ABSENCE AS PROVIDED IN THIS SECTION.

S. 2006                            157                           A. 3006

  9. RETALIATION PROHIBITED. AN EMPLOYER SHALL NOT RETALIATE AGAINST  AN
EMPLOYEE  FOR  REQUESTING OR OBTAINING A LEAVE OF ABSENCE AS PROVIDED BY
THIS SECTION.
  10.  RETENTION  OF  BENEFITS. THE PROVISIONS OF THIS SECTION SHALL NOT
AFFECT OR PREVENT AN EMPLOYER FROM PROVIDING LEAVE IN ADDITION TO  LEAVE
ALLOWED UNDER ANY OTHER PROVISION OF LAW. THE PROVISIONS OF THIS SECTION
SHALL NOT AFFECT AN EMPLOYEE'S RIGHTS WITH RESPECT TO ANY OTHER EMPLOYEE
BENEFIT PROVIDED BY LAW, RULE OR REGULATION.
  11.  COLLECTIVE BARGAINING. NOTHING SET FORTH IN THIS SECTION SHALL BE
CONSTRUED TO IMPEDE, INFRINGE, OR DIMINISH THE RIGHTS AND BENEFITS  THAT
ACCRUE  TO EMPLOYEES THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS,
OR OTHERWISE DIMINISH THE INTEGRITY OF AN EXISTING COLLECTIVE BARGAINING
AGREEMENT.
  12. REVIEW OF DENIAL OF LEAVE. AN EMPLOYEE  WHOSE  REQUEST  FOR  LEAVE
UNDER  THIS  SECTION  HAS  BEEN DENIED MAY PETITION THE COMMISSIONER FOR
REVIEW OF SUCH DENIAL, WHICH REVIEW SHALL BE EXPEDITIOUSLY CONDUCTED.
  13. RULES AND REGULATIONS. THE COMMISSIONER MAY PROMULGATE SUCH  RULES
AND REGULATIONS AS MAY BE NECESSARY FOR THE PURPOSES OF CARRYING OUT THE
PROVISIONS OF THIS SECTION.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that subdivision four  of  section
202-m  of  the  labor  law,  as  added by section one of this act, shall
expire and be deemed repealed December 1, 2016,  and  provided,  further
that this act shall expire and be deemed repealed December 1, 2017.

                                 PART P

  Section  1.  Subdivision 3 of section 204 of the labor law, as amended
by section 2 of part A of chapter 57 of the laws of 2004, is amended  to
read as follows:
  3.  Fees.  A  fee of two hundred dollars shall be charged the owner or
lessee of each boiler internally inspected and seventy-five dollars  for
each  boiler externally inspected by the commissioner, provided however,
that the external inspection of multiple boilers connected to  a  common
header  or  of  separate  systems  owned or leased by the same party and
located in the same building, with a combined  input  which  is  300,000
BTU/hour  or less, shall be charged a single inspection fee, and further
provided that, not more than two hundred seventy-five dollars  shall  be
charged  for  the inspection of any one boiler for any year; except that
[in the  case]  NO  FEE  SHALL  BE  CHARGED  FOR  INTERNAL  OR  EXTERNAL
INSPECTIONS BY THE COMMISSIONER of an antique steam engine maintained as
a hobby and displayed at agricultural fairs and other gatherings[, a fee
of twenty-five dollars only shall be charged the owner or lessee thereof
for  each  boiler  internally inspected by the commissioner and a fee of
twenty-five dollars only shall be charged  for  each  boiler  externally
inspected  by the commissioner, but not more than fifty dollars shall be
charged for the inspection of any one such  boiler  for  any  year,  and
except  that  in  the  case]  OR  of  a miniature boiler [a fee of fifty
dollars only shall be charged for the inspection of any one such  boiler
for  any  year.  Such  fee  shall  be  payable  within thirty days after
inspection].
  S 2. Subdivision 1 of section 212-b of the labor law,  as  amended  by
section  6  of  part  A of chapter 57 of the laws of 2004, is amended to
read as follows:
  1. No person shall operate a farm labor camp commissary, or  cause  or
allow  the  operation  of a farm labor camp commissary, without a permit

S. 2006                            158                           A. 3006

from the commissioner to do so, and unless such permit is in full  force
and  effect.  Application  for  such  permit  shall  be  made  on a form
prescribed by the commissioner [and shall be accompanied  by  a  non-re-
fundable fee of forty dollars].
  S  3.  Subdivision 1 of section 74 of chapter 784 of the laws of 1951,
constituting the New York state defense emergency  act,  as  amended  by
section  12  of  part A of chapter 57 of the laws of 2004, is amended to
read as follows:
  1. Employers in defense work may make  applications  for  dispensation
pursuant  to  this  article  in  such  manner and upon such forms as the
commissioner of labor shall  prescribe.    [Each  application  shall  be
accompanied  by  a  non-refundable  fee  of forty dollars payable to the
commissioner.] The commissioner of labor may,  after  hearing  upon  due
notice,  revoke dispensations not necessary to maintain maximum possible
production in defense work.
  S 4. Subdivision 5 of section 161 of the  labor  law,  as  amended  by
section  1  of  part  A of chapter 57 of the laws of 2004, is amended to
read as follows:
  5. If there shall be practical difficulties or unnecessary hardship in
carrying out the provisions of this section  or  the  rules  promulgated
hereunder, the commissioner may make a variation therefrom if the spirit
of  the  act  be  observed  and substantial justice done. Such variation
shall describe the conditions under which  it  shall  be  permitted  and
shall  apply  to  substantially  similar  conditions. A properly indexed
record of variations shall be kept by the department. [Each  application
for  a  variation  shall be accompanied by a non-refundable fee of forty
dollars.]
  S 5. Paragraph b of subdivision 4 of section 212-a of the  labor  law,
as  amended by section 5 of part A of chapter 57 of the laws of 2004, is
amended to read as follows:
  b. The application for such registration  shall  be  made  on  a  form
prescribed  by  the  commissioner,  shall  contain information on wages,
working conditions, housing, and on such other matters  as  the  commis-
sioner  may  prescribe [and shall be accompanied by a non-refundable fee
of forty dollars]. Copies  of  the  application,  or  summaries  thereof
containing the above information, shall be made available by the commis-
sioner  to  the registrant, and the registrant shall give a copy to each
worker, preferably at the time of recruitment, but  in  no  event  later
than the time of arrival in this state. A copy shall also be kept posted
at  all  times  in a conspicuous place in any camp in which such workers
are housed.
  S 6. Paragraph b of subdivision 2 of section 212-a of the  labor  law,
as  amended by section 4 of part A of chapter 57 of the laws of 2004, is
amended to read as follows:
  b. The application for such certificate of registration shall be  made
on  a  form prescribed by the commissioner, shall contain information on
wages, working conditions, housing and on  such  other  matters  as  the
commissioner may prescribe [and shall be accompanied by a non-refundable
fee of two hundred dollars]. It shall be countersigned by each grower or
processor  who  utilizes  the services of such farm labor contractor, as
provided in subdivision three of this section. Copies  of  the  applica-
tion,  or  summaries  thereof containing the above information, shall be
made available by the commissioner to the registrant, and the registrant
shall give a copy to each worker, preferably at the time of recruitment,
but in no event later than the time of arrival  in  this  state  if  the
worker  comes  from outside of the state, or the time of commencement of

S. 2006                            159                           A. 3006

work if the worker does not come from outside of the state. A copy shall
also be kept posted at all times in a conspicuous place in any  camp  in
which  such  workers  are housed. Each applicant shall submit his OR HER
fingerprints  with his OR HER application for a certificate of registra-
tion. Such fingerprints shall be submitted to the division  of  criminal
justice  services  for a state criminal history record check, as defined
in subdivision one of section three thousand thirty-five of  the  educa-
tion  law,  and  may be submitted to the federal bureau of investigation
for a national criminal history record check.
  S 7. Subdivision 2 of section 352 of the labor law is REPEALED.
  S 8. Subdivisions 5 and 6 of section 919 of the labor law, as added by
chapter 565 of the laws of 2002, are amended to read as follows:
  5. A professional employer  organization  shall  be  exempt  from  the
registration  requirements  specified in this section [and from the fees
specified in section nine  hundred  twenty  of  this  article]  if  such
professional employer organization:
  (a) submits a properly executed request for registration and exemption
on a form provided by the department;
  (b) is domiciled outside this state and is licensed or registered as a
professional employer organization in another state that has the same or
greater requirements as this article;
  (c) does not maintain an office in this state or solicit in any manner
clients located or domiciled within this state; and
  (d)  does  not  have  more than twenty-five worksite employees in this
state.
  6. The registration and exemption of a professional employer organiza-
tion under subdivision five of this section shall be valid for one year.
[Each de minimis registrant shall pay to  the  department  upon  initial
registration,  and  upon  each annual renewal thereafter, a registration
fee in the amount of two hundred fifty dollars.]
  S 9. Section 920 of the labor law is REPEALED.
  S 10. Subdivision 4 of section 134 of the workers'  compensation  law,
as  amended  by  chapter  6  of  the laws of 2007, is amended to read as
follows:
  4. Employers required to participate in the workplace safety and  loss
prevention  program  established  by  this section shall be permitted to
utilize the services of either the department of  labor,  or  a  private
safety and loss consultant which has been certified by the department of
labor  [and  has  paid  the  appropriate certification fee prescribed by
rules and regulations promulgated under this  section].  Private  safety
and loss consultants may charge employers a fee for their services[, and
where employers elect to have the services provided by the department of
labor, they shall pay for such services in accordance with fee schedules
established by the department of labor's rules and regulations].
  S 11. Subdivision 5 of section 134 of the workers' compensation law is
REPEALED.
  S  12. Subdivision 10 of section 134 of the workers' compensation law,
as amended by chapter 6 of the laws of 2007 and as  further  amended  by
section  104  of part A of chapter 62 of the laws of 2011, is amended to
read as follows:
  10. The commissioner of labor, in consultation with the superintendent
of financial services, shall promulgate rules and  regulations  for  the
certification  of safety and loss management specialists. Such rules and
regulations shall include provisions that outline the minimum qualifica-
tions for safety and loss management specialists, procedures for certif-
ication, causes for revocation or suspension of certification and appro-

S. 2006                            160                           A. 3006

priate administrative and judicial review procedures, AND violations and
penalties for misuse of  certification  by  certified  safety  and  loss
management  specialists[,  and  fees  for  certificate  and  certificate
renewal].
  S  13.  Subdivision  2  of section 345-a of the labor law, as added by
chapter 503 of the laws of 1998, is amended to read as follows:
  2. For the purposes of this section, the exercise of  reasonable  care
or diligence by a manufacturer or contractor shall be presumed if, prior
to the execution of such contract or subcontract, and annually thereaft-
er, such manufacturer or contractor receives from the department written
assurance  of  compliance  with  section three hundred forty-one of this
article. [The department may charge a reasonable fee for providing  such
assurance to a manufacturer or contractor.]
  S  14.  Subdivisions  6  and  7  of  section  819 of the labor law are
REPEALED and subdivision 5, as amended by chapter 319  of  the  laws  of
2004, is amended to read as follows:
  5.  The  entity possesses a tag issued by the department with an iden-
tification number affixed and identifying each machine[;].
  S 15. Section 204-a of the labor law is REPEALED.
  S 16. This act shall take effect immediately.

                                 PART Q

  Section 1. Subdivision 2 of  section  355  of  the  education  law  is
amended by adding a new paragraph f-1 to read as follows:
  F-1.  NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, THE
STATE UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL PASS  A  RESOLUTION
BY  DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, PROVIDING THAT STUDENTS
ENROLLED IN AN ACADEMIC PROGRAM OF THE  STATE  UNIVERSITY  OF  NEW  YORK
SHALL  BE REQUIRED TO PARTICIPATE IN AN APPROVED EXPERIENTIAL OR APPLIED
LEARNING ACTIVITY AS A DEGREE REQUIREMENT.  SUCH RESOLUTION SHALL DEFINE
APPROVED EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES, METHODS OF FACULTY
OVERSIGHT AND ASSESSMENT, RESPONSIBILITIES OF BUSINESS, CORPORATE,  NON-
PROFIT OR OTHER ENTITIES HOSTING STUDENTS, AND A PLAN FOR FULL IMPLEMEN-
TATION OF THIS REQUIREMENT.
  S  2.  Section  6206  of  the education law is amended by adding a new
subdivision 18 to read as follows:
  18. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE  CONTRARY,  THE
CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL PASS A RESOLUTION BY
DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  FIFTEEN, PROVIDING THAT STUDENTS
ENROLLED IN AN ACADEMIC PROGRAM OF THE CITY UNIVERSITY OF NEW YORK SHALL
BE REQUIRED TO PARTICIPATE IN AN APPROVED EXPERIENTIAL OR APPLIED LEARN-
ING ACTIVITY AS A DEGREE REQUIREMENT.    SUCH  RESOLUTION  SHALL  DEFINE
APPROVED EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES, METHODS OF FACULTY
OVERSIGHT  AND ASSESSMENT, RESPONSIBILITIES OF BUSINESS, CORPORATE, NON-
PROFIT OR OTHER ENTITIES HOSTING STUDENTS, AND A PLAN FOR FULL IMPLEMEN-
TATION OF THIS REQUIREMENT.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2015.
  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

S. 2006                            161                           A. 3006

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.

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

    S. 2006--A                                            A. 3006--A

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

                            January 21, 2015
                               ___________

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, apportionment of school aid, the teachers of  tomorrow  teacher
  recruitment  and retention program and waivers from certain duties; to
  amend the state finance law, in relation to moneys  appropriated  from
  the  commercial  gaming revenue fund; to amend chapter 756 of the laws
  of 1992, relating to  funding  a  program  for  work  force  education
  conducted  by the consortium for 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 extending the  effective-
  ness  of such chapter; to amend chapter 169 of the laws of 1994 relat-
  ing to certain provisions related to the 1994-95 state operations, aid
  to localities, capital projects and debt  service  budgets;  to  amend
  chapter  82  of the laws of 1995, amending the education law and other
  laws relating to state aid to school districts and  the  appropriation
  of  funds for the support of government; to amend section 7 of chapter
  472 of the laws of 1998 amending the education  law  relating  to  the
  lease of school buses by school districts; to amend chapter 147 of the
  laws  of  2001  amending  the  education  law  relating to conditional
  appointment of school district, charter school or BOCES employees;  to
  amend  chapter  425  of  the  laws  of 2002 amending the education law
  relating  to  the  provision  of  supplemental  educational  services,
  attendance  at  a  safe public 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

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

                      [ ] is old law to be omitted.
                                                           LBD12572-02-5

S. 2006--A                          2                         A. 3006--A

  amending the education law relating to implementation of the No  Child
  Left  Behind  Act  of 2001, in relation to extending the expiration of
  certain provisions of  such  chapters;  allocates  school  bus  driver
  training  grants  to school districts and boards of cooperative educa-
  tion services; allows for eligible school districts to receive special
  apportionments  for  salary  expenses;  allows  for  eligible   school
  districts   to  receive  special  apportionments  for  public  pension
  accruals; allows  any  moneys  appropriated  to  the  state  education
  department  to  be suballocated to other state departments or agencies
  and/or shall be made available for specific payment of aid; allows the
  city school district of the city of Rochester to purchase services  as
  a  non-component school district; specifies amounts of state funds set
  aside for each school district for the  purpose  of  the  development,
  maintenance  or expansion of magnet schools or magnet school programs;
  prohibits moneys appropriated for the support of public  libraries  to
  be used for library construction (Part A); to amend the education law,
  in  relation  to streamlining higher education program approvals (Part
  B); to amend the education law, in relation to creating the  New  York
  state get on your feet loan forgiveness program (Part C); to amend the
  education  law, in relation to eligibility requirements and conditions
  governing general awards,  academic  performance  awards  and  student
  loans; eligibility requirements for assistance under the higher educa-
  tion  opportunity  programs  and the collegiate science and technology
  entry program; the definition of "resident";  financial  aid  opportu-
  nities  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 D); to amend the education law and the tax  law,  in
  relation to enacting the "education tax credit act" (Part E); to amend
  the  banking  law,  in  relation  to creating a standard financial aid
  award letter (Part F); 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  G);  to  amend  the
  education  law,  in relation to the implementation by all colleges and
  universities in the state  of  New  York  of  sexual  assault,  dating
  violence,  domestic  violence,  and  stalking  prevention and response
  policies and procedures (Part H); to amend the social services law, in
  relation to increasing the standards of monthly need for  aged,  blind
  and  disabled  persons  living in the community (Part I); to amend the
  family court act, in relation to family court  proceedings,  jurisdic-
  tion  of  the  court, the definition of juvenile delinquent, the defi-
  nition 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  expendi-
  tures 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 supervision; to amend the penal law,
  in relation to the definition of infancy and the  authorized  disposi-
  tions, 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 juvenile offender without a warrant; in
  relation  to  conditional  sealing of certain convictions for offenses

S. 2006--A                          3                         A. 3006--A

  committee 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 placements of certain juvenile offen-
  ders;  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; to amend part
  K  of  chapter  57  of  the  laws of 2012, amending the education law,
  relating to authorizing the board of cooperative educational  services
  to  enter  into contracts with the commissioner of children and family
  services to provide certain  services,  in  relation  to  making  such
  provisions  permanent;  to repeal certain sections of the family court
  act relating to custody and detention of juvenile and youthful  offen-
  ders;  to repeal section 180.75 of the criminal procedure law relating
  to proceedings upon a felony complaint against  a  juvenile  offender;
  and to repeal certain provisions of the correction law relating to the
  housing  of  prisoners and other persons in custody (Part J); to amend
  the social services law, in relation to state reimbursement and subsi-
  dies for the adoption of  children  (Part  K);  to  amend  the  social
  services  law,  the  family  court  act, the public health law and the
  executive law, in relation to implementing provisions required by  the
  federal  preventing  sex  trafficking  and  strengthening families act
  (Part L); to utilize reserves in the mortgage insurance fund for vari-
  ous housing purposes (Part M); to amend the labor law, in relation  to
  the  minimum  wage  (Part  N);  to amend the labor law, in relation to
  authorized absences by healthcare professionals who volunteer to fight
  the Ebola virus disease overseas; and providing for the repeal of such
  provisions upon expiration thereof (Part O); to amend the  labor  law,
  the  workers'  compensation  law  and chapter 784 of the laws of 1951,
  constituting the New York state defense emergency act, in relation  to
  eliminating  certain  fees  charged by the department of labor; and to
  repeal certain provisions of the labor law and  the  workers'  compen-
  sation  law  relating thereto (Part P); to amend the education law, in
  relation to requiring experiential learning as a requirement for grad-
  uation (Part Q); and to amend part U of chapter 57 of the laws of 2005
  relating to the New York state higher education capital matching grant
  program for independent colleges, in relation to the  New  York  state
  higher  education  matching grant program for independent colleges and
  the effectiveness thereof (Part R)

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

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2015-2016
state fiscal year. Each component is  wholly  contained  within  a  Part
identified  as Parts A through R. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-

S. 2006--A                          4                         A. 3006--A

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
2014, is amended to read as follows:
  e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
district  that  submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for  excel-
lence  for  the  two  thousand  nine--two  thousand  ten  school year in
conformity with the requirements of subparagraph (vi) of paragraph a  of
subdivision  two  of this section unless all schools in the district are
identified as in good standing  and  provided  further  that,  a  school
district  that  submitted a contract for excellence for the two thousand
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

S. 2006--A                          5                         A. 3006--A

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.  For  purposes  of
this  paragraph,  the  "gap  elimination adjustment percentage" shall be
calculated as the sum of one minus the quotient of the sum of the school
district's net gap elimination  adjustment  for  two  thousand  ten--two
thousand  eleven computed pursuant to chapter fifty-three of the laws of
two thousand ten, making appropriations for the support  of  government,
plus  the  school district's gap elimination adjustment for two thousand
eleven--two thousand twelve as computed pursuant to chapter  fifty-three
of  the  laws  of  two  thousand  eleven,  making appropriations for the
support of the local assistance budget, including  support  for  general
support  for  public  schools,  divided  by the total aid for adjustment
computed pursuant to chapter fifty-three of the  laws  of  two  thousand
eleven, making appropriations for the local 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 activ-
ities in the current year.
  S 2. The closing paragraph of subdivision 5-a of section 3602  of  the
education  law,  as  amended by section 8 of part A of chapter 57 of the
laws of 2013, is amended to read as follows:
  For the two thousand eight--two thousand nine school year, each school
district shall be entitled to an apportionment equal to the  product  of
fifteen  percent  and  the additional apportionment computed pursuant to
this subdivision for the two thousand seven--two thousand  eight  school
year.  For  the two thousand nine--two thousand ten through two thousand
[fourteen] FIFTEEN--two thousand [fifteen] SIXTEEN  school  years,  each
school  district  shall  be  entitled  to  an apportionment equal to the
amount set forth for such school district as  "SUPPLEMENTAL  PUB  EXCESS
COST"  under  the  heading  "2008-09  BASE  YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of  the  budget
for  the  two  thousand  nine--two thousand ten school year and entitled
"SA0910".
  S 3. Subdivision 12 of section 3602 of the education law,  as  amended
by section 10 of part A of chapter 57 of the laws of 2013, is amended to
read as follows:
  12. Academic enhancement aid. A school district that as of April first
of  the base year has been continuously identified as a district in need
of improvement for at least five  years  shall,  for  the  two  thousand
eight--two  thousand  nine  school  year,  be  entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the  total  foundation  aid
base,  as  defined  by  paragraph  j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the sum of the total foundation aid apportioned pursuant to  subdivision
four of this section and the supplemental educational improvement grants
apportioned  pursuant to subdivision eight of section thirty-six hundred
forty-one of this article, less (ii) the total foundation aid base.

S. 2006--A                          6                         A. 3006--A

  For the two thousand nine--two thousand ten through two thousand four-
teen--two thousand fifteen school years, each school district  shall  be
entitled  to  an  apportionment  equal  to the amount set forth for such
school district as "EDUCATION GRANTS, ACADEMIC  EN"  under  the  heading
"2008-09  BASE YEAR AIDS" in the school aid computer listing produced by
the commissioner in support of the budget for the two thousand nine--two
thousand ten school year and entitled "SA0910", and  such  apportionment
shall be deemed to satisfy the state obligation to provide an apportion-
ment  pursuant to subdivision eight of section thirty-six hundred forty-
one of this article.
  FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN 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 HEAD-
ING "2014-15 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED
BY THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE TWO THOUSAND  FOUR-
TEEN--TWO  THOUSAND FIFTEEN SCHOOL YEAR AND ENTITLED "SA141-5", 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 11 of part A of chapter 57  of  the
laws of 2013, is amended to read as follows:
  Each  school  district  shall  be  eligible  to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school  year,
which  shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment  received
by  the school district pursuant to this subdivision in the two thousand
seven--two thousand eight school year,  multiplied  by  the  due-minimum
factor,  which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b  of  subdivision  three  of  this
section that is less than two, seventy percent (0.70), and for all other
districts,  fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the  two  thousand  nine--two
thousand  ten  through two thousand twelve--two thousand thirteen school
years in the amount set forth for such school district as "HIGH TAX AID"
under the heading "2008-09 BASE YEAR AIDS" in the  school  aid  computer
listing  produced  by  the commissioner in support of the budget for the
two thousand nine--two thousand ten school year and  entitled  "SA0910".
Each  school district shall be eligible to receive a high tax aid appor-
tionment in the two thousand  thirteen--two  thousand  fourteen  [school
year  and  the  two thousand fourteen--two thousand fifteen] THROUGH TWO
THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school [year] YEARS equal to  the
greater  of  (1)  the amount set forth for such school district as "HIGH
TAX AID" under the heading "2008-09 BASE YEAR AIDS" in  the  school  aid
computer  listing  produced by the commissioner in support of the budget
for the two thousand nine--two thousand ten  school  year  and  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 execu-
tive budget for the 2013-14 fiscal year and entitled "BT131-4".
  S 5. The opening paragraph of subdivision 10 of section 3602-e of  the
education  law,  as amended by section 21 of part A of chapter 56 of the
laws of 2014, is amended to read as follows:
  Notwithstanding any provision of law to the contrary, for aid  payable
in  the  two thousand eight--two thousand nine school year, the grant to

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each eligible school district for universal prekindergarten aid shall be
computed pursuant to this subdivision, and for the two  thousand  nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each  school district shall be eligible for a maximum grant equal to the
amount computed for such school district for the base year in the  elec-
tronic  data  file  produced  by  the commissioner in support of the two
thousand nine--two thousand ten education, labor and  family  assistance
budget,  provided,  however, that in the case of a district implementing
programs for the first time or implementing expansion  programs  in  the
two  thousand  eight--two  thousand nine school year where such programs
operate for a minimum of ninety days in any one school year as  provided
in  section  151-1.4 of the regulations of the commissioner, for the two
thousand nine--two thousand ten and two thousand ten--two thousand elev-
en school years, such school district shall be eligible  for  a  maximum
grant  equal  to the amount computed pursuant to paragraph a of subdivi-
sion nine of this section in the two thousand eight--two  thousand  nine
school year, and for the two thousand eleven--two thousand twelve school
year each school district shall be eligible for a maximum grant equal to
the  amount  set forth for such school district as "UNIVERSAL PREKINDER-
GARTEN" under the heading "2011-12 ESTIMATED AIDS"  in  the  school  aid
computer  listing produced by the commissioner in support of the enacted
budget for the 2011-12 school year and entitled "SA111-2", and  for  two
thousand  twelve--two  thousand  thirteen[,  two  thousand thirteen--two
thousand fourteen  and  two  thousand  fourteen--two  thousand  fifteen]
THROUGH  TWO  THOUSAND  FIFTEEN--TWO  THOUSAND SIXTEEN school years each
school district shall be eligible for  a  maximum  grant  equal  to  the
greater  of  (i)  the  amount  set  forth  for  such  school district as
"UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
in  the  school  aid  computer  listing  produced by the commissioner in
support of the enacted budget for the 2011-12 school year  and  entitled
"SA111-2",  or  (ii)  the  amount  set forth for such school district as
"UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
in  the  school aid computer listing produced by the commissioner on May
fifteenth, two thousand eleven pursuant to paragraph  b  of  subdivision
twenty-one  of  section three hundred five of this chapter, and provided
further that the maximum grant shall not exceed the total  actual  grant
expenditures  incurred by the school district in the current school year
as approved by the commissioner.
  S 6. The opening paragraph of section 3609-a of the education law,  as
amended  by  section  4  of part A of chapter 56 of the laws of 2014, is
amended to read as follows:
  For aid payable in the two thousand seven--two thousand  eight  school
year  through  the  [two  thousand  thirteen--two thousand fourteen] TWO
THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school year, "moneys apportioned"
shall mean the lesser of (i) the sum  of  one  hundred  percent  of  the
respective amount set forth for each school district as payable pursuant
to  this section in the school aid computer listing for the current year
produced by the commissioner in support of the budget which includes the
appropriation for  the  general  support  for  public  schools  for  the
prescribed payments and individualized payments due prior to April first
for  the  current year plus the apportionment payable during the current
school year pursuant to subdivision six-a  and  subdivision  fifteen  of
section  thirty-six  hundred  two  of  this part minus any reductions to
current year aids pursuant to subdivision seven  of  section  thirty-six
hundred  four  of  this part or any deduction from apportionment payable
pursuant to this chapter for  collection  of  a  school  district  basic

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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".
  S  7.  The  education law is amended by adding a new section 3609-h to
read as follows:
  S 3609-H. MONEYS APPORTIONED TO SCHOOL DISTRICTS FOR COMMERCIAL GAMING
GRANTS PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN  OF  THE
STATE FINANCE LAW, WHEN AND HOW PAYABLE COMMENCING JULY FIRST, TWO THOU-
SAND  FOURTEEN.  NOTWITHSTANDING  THE  PROVISIONS  OF SECTION THIRTY-SIX
HUNDRED NINE-A OF THIS PART, APPORTIONMENTS PAYABLE PURSUANT TO SUBDIVI-
SION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW SHALL  BE
PAID  PURSUANT  TO  THIS  SECTION.  THE  DEFINITIONS  OF "BASE YEAR" AND
"CURRENT YEAR" AS SET FORTH IN SUBDIVISION  ONE  OF  SECTION  THIRTY-SIX
HUNDRED TWO OF THIS PART SHALL APPLY TO THIS SECTION.
  1.    THE  MONEYS  APPORTIONED BY THE COMMISSIONER TO SCHOOL DISTRICTS
PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN  OF  THE  STATE
FINANCE  LAW  FOR  THE TWO THOUSAND FOURTEEN-TWO THOUSAND FIFTEEN SCHOOL
YEAR AND THEREAFTER SHALL BE PAID  AS  A  COMMERCIAL  GAMING  GRANT,  AS
COMPUTED PURSUANT TO SUCH SUBDIVISION, AS FOLLOWS:
  A.  FOR  THE  TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR,
ONE HUNDRED PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME DATE AS  THE
PAYMENT  COMPUTED  PURSUANT TO CLAUSE (V) OF SUBPARAGRAPH THREE OF PARA-
GRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF  THIS
ARTICLE.
  B.  FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND
THEREAFTER, SEVENTY PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME DATE
AS THE PAYMENT COMPUTED PURSUANT TO CLAUSE (II) OF SUBPARAGRAPH THREE OF
PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED  NINE-A  OF
THIS ARTICLE, AND THIRTY PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME
DATE  AS  THE  PAYMENT  COMPUTED  PURSUANT TO CLAUSE (V) OF SUBPARAGRAPH
THREE OF PARAGRAPH B OF SUBDIVISION ONE OF  SECTION  THIRTY-SIX  HUNDRED
NINE-A OF THIS ARTICLE.
  2.  ANY PAYMENT TO A SCHOOL DISTRICT PURSUANT TO THIS SECTION SHALL BE
GENERAL RECEIPTS OF THE DISTRICT AND MAY BE USED FOR ANY LAWFUL  PURPOSE
OF THE DISTRICT.

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  S  8.  Paragraph  b  of subdivision 2 of section 3612 of the education
law, as amended by section 5 of part A of chapter  56  of  the  laws  of
2014, is amended to read as follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into  consideration  the  magnitude  of  any shortage of teachers in the
school district, the number of teachers employed in the school  district
who hold temporary licenses to teach in the public schools of the state,
the  number of provisionally certified teachers, the fiscal capacity and
geographic sparsity of the district, the  number  of  new  teachers  the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district,  if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section.  Notwithstand-
ing any other provision of law to the contrary, a city  school  district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of  such  grant  funds  for any recruitment, retention and certification
costs associated with transitional certification of  teacher  candidates
for  the  school  years  two thousand one--two thousand two through [two
thousand fourteen--two thousand fifteen] TWO THOUSAND FIFTEEN--TWO THOU-
SAND SIXTEEN.
  S 9. Subdivision 6 of section 4402 of the education law, as amended by
section 9 of part A of chapter 56 of the laws of  2014,  is  amended  to
read as follows:
  6.  Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with  a  population  of
one  hundred twenty-five thousand or more inhabitants shall be permitted
to establish  maximum  class  sizes  for  special  classes  for  certain
students  with  disabilities  in  accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to  low
student  attendance  in  special  education  classes  at  the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred  ninety-five--nine-
ty-six through June thirtieth, two thousand [fifteen] SIXTEEN of the two
thousand [fourteen] FIFTEEN--two thousand [fifteen] SIXTEEN school year,
be  authorized  to  increase  class  sizes in special classes containing
students with disabilities whose age ranges are equivalent to  those  of
students  in middle and secondary schools as defined by the commissioner
for purposes of this section by up to but not  to  exceed  one  and  two
tenths  times the applicable maximum class size specified in regulations
of the commissioner rounded up to the  nearest  whole  number,  provided
that  in  a  city  school district having a population of one million or
more, classes that have a maximum class size of fifteen may be increased
by no more than one student and  provided  that  the  projected  average
class  size  shall  not  exceed  the maximum specified in the applicable
regulation, provided that such authorization  shall  terminate  on  June
thirtieth, two thousand. Such authorization shall be granted upon filing
of  a  notice by such a board of education with the commissioner stating
the board's intention to increase such class sizes and  a  certification
that  the  board  will  conduct  a  study  of attendance problems at the
secondary level and will implement a corrective action plan to  increase
the  rate of attendance of students in such classes to at least the rate
for students attending regular education classes in secondary schools of
the district.  Such  corrective  action  plan  shall  be  submitted  for

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approval  by  the commissioner by a date during the school year in which
such board increases class sizes as provided pursuant to  this  subdivi-
sion  to  be  prescribed  by the commissioner. Upon at least thirty days
notice to the board of education, after conclusion of the school year in
which  such  board  increases  class  sizes as provided pursuant to this
subdivision, the commissioner shall  be  authorized  to  terminate  such
authorization  upon  a  finding  that the board has failed to develop or
implement an approved corrective action plan.
  S 10. 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 A  PARENTAL  RELATIONSHIP  TO  THE  STUDENTS  THAT  WOULD  BE
IMPACTED  BY  THE  WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND
MANNER THAT WOULD ENSURE THAT SUCH PARENTS  OR  PERSONS  IN  A  PARENTAL
RELATIONSHIP  WOULD  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 WAIV-
ER. THE LOCAL SCHOOL DISTRICT, APPROVED  PRIVATE  SCHOOL,  OR  BOARD  OF
COOPERATIVE  EDUCATIONAL  SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR
SUCH PARENTS OR PERSONS IN A 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 A 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  WOULD  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  DETERMINATION,  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  A
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.

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  S  11.  Subparagraph  (i)  of paragraph a of subdivision 10 of section
4410 of the education law is amended by adding a new clause (C) to  read
as follows:
  (C)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN  SCHOOL
YEAR AND THEREAFTER, TO BE PHASED-IN OVER NO MORE THAN FOUR YEARS START-
ING  IN  THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR, THE
COMMISSIONER, SUBJECT TO THE APPROVAL OF THE  DIRECTOR  OF  THE  BUDGET,
SHALL  ESTABLISH  REGIONAL TUITION RATES FOR SPECIAL EDUCATION ITINERANT
SERVICES BASED ON AVERAGE ACTUAL COSTS IN ACCORDANCE WITH A  METHODOLOGY
ESTABLISHED  PURSUANT  TO SUBDIVISION FOUR OF SECTION FORTY-FOUR HUNDRED
FIVE OF THIS ARTICLE.
  S 12. Section 97-nnnn of the state finance law is amended by adding  a
new subdivision 6 to read as follows:
  6.  A.  MONEYS  APPROPRIATED  FROM THE FUND FOR THE TWO THOUSAND FOUR-
TEEN--TWO  THOUSAND  FIFTEEN  AND  TWO  THOUSAND  FIFTEEN--TWO  THOUSAND
SIXTEEN  SCHOOL  YEARS,  FOR  THE  PURPOSES OF PROVIDING AID PURSUANT TO
PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION  SHALL  BE  APPORTIONED
AND  PAID BY THE EDUCATION DEPARTMENT ON OR AFTER APRIL FIRST, TWO THOU-
SAND FIFTEEN.
  B. EACH SCHOOL DISTRICT  ELIGIBLE  TO  RECEIVE  TOTAL  FOUNDATION  AID
PURSUANT  TO  SECTION  THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW SHALL
RECEIVE A COMMERCIAL GAMING GRANT IN AN AMOUNT EQUAL TO THE  PRODUCT  OF
THE AMOUNT OF THE APPROPRIATION OF SUCH COMMERCIAL GAMING GRANTS FOR THE
CURRENT STATE FISCAL YEAR MULTIPLIED BY THE DISTRICT'S COMMERCIAL GAMING
RATIO.  THE  "COMMERCIAL GAMING RATIO" SHALL BE EQUAL TO THE QUOTIENT OF
THE MONEYS APPORTIONED FOR SUCH DISTRICT PURSUANT TO SECTION  THIRTY-SIX
HUNDRED  NINE-A  OF  THE  EDUCATION  LAW  AS SET FORTH IN THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  ENACTED
STATE  BUDGET  FOR  THE  CURRENT SCHOOL YEAR, DIVIDED BY THE SUM OF SUCH
MONEYS APPORTIONED FOR ALL SCHOOL DISTRICTS AS SET FORTH IN SUCH  SCHOOL
AID  COMPUTER  LISTING  IN  SUPPORT  OF THE ENACTED STATE BUDGET FOR THE
CURRENT SCHOOL YEAR.
  MONEYS TO BE APPROPRIATED FROM THE FUND  IN  ANY  STATE  FISCAL  YEAR,
COMMENCING  ON  AND  AFTER  APRIL  FIRST,  TWO THOUSAND FIFTEEN, FOR THE
PURPOSES OF PROVIDING AID PURSUANT TO THIS SUBPARAGRAPH SHALL BE  APPOR-
TIONED  AND PAID BY THE EDUCATION DEPARTMENT PURSUANT TO SECTION THIRTY-
SIX HUNDRED NINE-H OF THE EDUCATION LAW.
  S 13. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
relating  to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by  section
12  of  part  A of chapter 56 of the laws of 2014, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of this section [for the 2011--2012 school year shall not exceed 62.9
percent of the lesser of such  approvable  costs  per  contact  hour  or
twelve  dollars  and  fifteen cents per contact hour, reimbursement] for
the 2012--2013 school year shall not exceed 63.3 percent of  the  lesser
of  such approvable costs per contact hour or twelve dollars and thirty-
five cents per contact hour, reimbursement  for  the  2013--2014  school
year  shall  not  exceed  62.3  percent of the lesser of such approvable
costs per contact hour  or  twelve  dollars  and  sixty-five  cents  per
contact  hour,  [and] reimbursement for the 2014--2015 school year shall
not exceed 61.6 percent of the  lesser  of  such  approvable  costs  per
contact   hour  or  [eight]  THIRTEEN  dollars  per  contact  hour,  AND
REIMBURSEMENT FOR THE 2015--2016  SCHOOL  YEAR  SHALL  NOT  EXCEED  60.7

S. 2006--A                         12                         A. 3006--A

PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR THIR-
TEEN  DOLLARS  AND  FORTY  CENTS  PER  CONTACT HOUR where a contact hour
represents sixty minutes of instruction services provided to an eligible
adult.  Notwithstanding any other provision of law to the contrary, [for
the  2011--2012  school  year  such  contact  hours shall not exceed one
million seven hundred one  thousand  five  hundred  seventy  (1,701,570)
hours;  whereas] for the 2012--2013 school year such contact hours shall
not exceed one million six  hundred  sixty-four  thousand  five  hundred
thirty-two  (1,664,532)  hours;  whereas  for the 2013--2014 school year
such contact hours shall not exceed one million six  hundred  forty-nine
thousand  seven  hundred  forty-six  (1,649,746)  hours; whereas for the
2014--2015 school year such contact hours shall not exceed  one  million
[six  hundred  twenty-five  thousand  (1,625,000)]  SIX HUNDRED EIGHTEEN
THOUSAND NINE HUNDRED TWENTY-NINE (1,618,929)  hours;  WHEREAS  FOR  THE
2015--2016  SCHOOL  YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION
FOUR HUNDRED FOURTEEN THOUSAND FIVE HUNDRED FOURTEEN (1,414,514)  HOURS.
Notwithstanding  any  other provision of law to the contrary, the appor-
tionment calculated for the city school district of the city of New York
pursuant to subdivision 11 of section 3602 of the education law shall be
computed as if such contact hours provided by the consortium for  worker
education, not to exceed the contact hours set forth herein, were eligi-
ble  for aid in accordance with the provisions of such subdivision 11 of
section 3602 of the education law.
  S 14. Section 4 of chapter 756 of the laws of 1992, relating to  fund-
ing  a  program for work force education conducted by the consortium for
worker education in New York city, is amended by adding a  new  subdivi-
sion t to read as follows:
  T.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2015--2016 SCHOOL  YEAR.  NOTWITHSTANDING
ANY  INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID  DUE  TO  THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS  ($11,
500,000).
  S  15. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker education in New York city, as amended by section 14 of part A of
chapter 56 of the laws of 2014, is amended to read as follows:
  S  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
repealed on June 30, [2015] 2016.
  S 16. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating to certain provisions related to the 1994-95 state  operations,
aid to localities, capital projects and debt service budgets, as amended
by section 15 of part A of chapter 56 of the laws of 2014, is amended to
read as follows:
  1.  Sections  one  through seventy of this act shall be deemed to have
been in full force and effect as of April  1,  1994  provided,  however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only to hearings commenced prior to  September  1,  1994,  and  provided
further  that  section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and  provided  further  that  sections  four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through

S. 2006--A                         13                         A. 3006--A

twenty-one-a  of  this  act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen,  seventeen,
twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
deemed repealed on March 31, [2016] 2017.
  S  17. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and other laws relating to state aid
to school districts and the appropriation of funds for  the  support  of
government, as amended by section 16 of part A of chapter 56 of the laws
of 2014, are amended to read as follows:
  (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act  shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2015] 2016 at which time it shall be deemed repealed;
  (24)  sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on  and  after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred twenty-four of this act shall be deemed to be
repealed on and after July 1, [2015] 2016;
  S  18.  Section  7  of  chapter  472 of the laws of 1998, amending the
education law relating to the lease of school buses by school districts,
as amended by section 26 of part A of chapter 57 of the laws of 2013, is
amended to read as follows:
  S 7. This act shall take effect September 1, 1998,  and  shall  expire
and be deemed repealed September 1, [2015] 2017.
  S  19.  Section  12  of  chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment  of  school  district,
charter school or BOCES employees, as amended by section 18 of part A of
chapter 56 of the laws of 2014, is amended to read as follows:
  S  12.  This  act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2015] 2016 when
upon such date the provisions of this act shall be deemed repealed.
  S 20. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
education  law  relating  to  the  provision of supplemental educational
services, attendance at a safe  public  school  and  the  suspension  of
pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
amended by section 19 of part A of chapter 56 of the laws  of  2014,  is
amended to read as follows:
  S  4.  This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2015] 2016.
  S 21. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 20 of part A of chapter 56 of the laws of
2014, is amended to read as follows:
  S  5.  This  act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be  deemed  repealed  on
June 30, [2015] 2016.
  S 22. School bus driver training. In addition to apportionments other-
wise  provided  by section 3602 of the education law, for aid payable in
the 2015-2016 school year, the commissioner of education shall  allocate
school  bus  driver  training  grants  to school districts and boards of
cooperative educational services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit educational organizations for the purposes  of  this  section.  Such
payments  shall  not exceed four hundred thousand dollars ($400,000) per
school year.

S. 2006--A                         14                         A. 3006--A

  S 23. Special apportionment for salary  expenses.  a.  Notwithstanding
any  other  provision  of  law,  upon application to the commissioner of
education, not sooner than the first day of  the  second  full  business
week  of  June  2016  and  not later than the last day of the third full
business week of June 2016, a school district eligible for an apportion-
ment  pursuant to section 3602 of the education law shall be eligible to
receive an apportionment pursuant to this section, for the  school  year
ending  June  30, 2016, for salary expenses incurred between April 1 and
June 30, 2015 and such apportionment shall not exceed the sum of (i) the
deficit reduction assessment of 1990--1991 as determined by the  commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186  percent  of such amount for a city school district in a city with a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such amount for a city school district in a city with  a  population  of
more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census, plus  (iv)  the  net  gap  elimination
adjustment  for  2010--2011, as determined by the commissioner of educa-
tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
nation adjustment for 2011--2012 as determined by  the  commissioner  of
education  pursuant  to  subdivision 17 of section 3602 of the education
law, and provided further that such apportionment shall not exceed  such
salary  expenses.  Such  application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
graph, and any remainder to be deducted from the individualized payments
due  the  district  pursuant to paragraph b of such subdivision shall be

S. 2006--A                         15                         A. 3006--A

deducted on a chronological basis starting with the earliest payment due
the district.
  S  24.  Special apportionment for public pension accruals. a. Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2016, a school district  eligi-
ble  for  an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this  section,
for  the  school  year ending June 30, 2016 and such apportionment shall
not exceed the  additional  accruals  required  to  be  made  by  school
districts  in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount  of  such  addi-
tional  accrual  shall  be certified to the commissioner of education by
the president of the board of education or the trustees or, in the  case
of  a  city  school  district  in  a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application  shall  be
made by a school district, after the board of education or trustees have
adopted  a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants,  with  the
approval of the mayor of such city.
  b.  The  claim  for  an  apportionment to be paid to a school district
pursuant to subdivision a of this section  shall  be  submitted  to  the
commissioner  of  education  on  a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that  the  form
has been submitted as prescribed. Such approved amounts shall be payable
on  the  same  day in September of the school year following the year in
which application was made as funds provided  pursuant  to  subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law,  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general fund to the extent that the amount paid  to  a  school  district
pursuant  to  this  section  exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the  school  year  following  the
year in which application was made.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be  deducted  from  the
following  payments  due  the  school  district  during  the school year
following the year in which application was made  pursuant  to  subpara-
graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's  payments  to  the
teachers'  retirement  system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such  subdivision  shall  be
deducted on a chronological basis starting with the earliest payment due
the district.
  S  25.  a.  Notwithstanding  any  other law, rule or regulation to the
contrary, any moneys appropriated to the state education department  may
be  suballocated  to  other state departments or agencies, as needed, to
accomplish the intent of the specific appropriations contained therein.
  b. Notwithstanding any other law, rule or regulation to the  contrary,
moneys  appropriated  to the state education department from the general

S. 2006--A                         16                         A. 3006--A

fund/aid to localities,  local  assistance  account-001,  shall  be  for
payment  of  financial  assistance,  as scheduled, net of disallowances,
refunds, reimbursement and credits.
  c.  Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education  department  for  aid  to
localities shall be available for payment of aid heretofore or hereafter
to  accrue  and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
  d. Notwithstanding any other law, rule or regulation to the  contrary,
moneys  appropriated  to  the  state  education  department  for general
support for public schools may be interchanged with any  other  item  of
appropriation  for general support for public schools within the general
fund local assistance account office of  prekindergarten  through  grade
twelve education programs.
  S 26. Notwithstanding the provision of any law, rule, or regulation to
the  contrary,  the  city school district of the city of Rochester, upon
the consent of the board of  cooperative  educational  services  of  the
supervisory  district  serving  its  geographic region may purchase from
such board for the 2015--2016 school year,  as  a  non-component  school
district, services required by article 19 of the education law.
  S  27. The amounts specified in this section shall be a set aside from
the state funds which each such district is  receiving  from  the  total
foundation  aid:  for  the  purpose  of  the development, maintenance or
expansion of magnet schools or magnet school programs for the 2015--2016
school year. To the city school district of the city of New  York  there
shall  be  paid  forty-eight  million  one hundred seventy-five thousand
dollars ($48,175,000) including five hundred thousand dollars ($500,000)
for the Andrew Jackson High School; to the Buffalo city school district,
twenty-one million twenty-five thousand dollars  ($21,025,000);  to  the
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

S. 2006--A                         17                         A. 3006--A

to this section may use such grant funds for: (i) any  instructional  or
instructional  support  costs  associated with the operation of a magnet
school; or (ii) any instructional or instructional support costs associ-
ated  with  implementation  of  an  alternative approach to reduction of
racial isolation and/or enhancement of  the  instructional  program  and
raising  of  standards  in  elementary  and  secondary schools of school
districts having substantial concentrations of  minority  students.  The
commissioner  of  education  shall  not be authorized to withhold magnet
grant funds from a school district that used such  funds  in  accordance
with  this  paragraph,  notwithstanding any inconsistency with a request
for proposals issued by such commissioner. For the purpose of attendance
improvement and dropout prevention for the 2015--2016 school  year,  for
any  city school district in a city having a population of more than one
million, the setaside for attendance improvement and dropout  prevention
shall  equal  the  amount set aside in the base year. For the 2015--2016
school year, it is further provided that any city school district  in  a
city  having  a  population  of  more than one million shall allocate at
least one-third of any increase from base year levels in funds set aside
pursuant to the requirements  of  this  subdivision  to  community-based
organizations.  Any  increase  required  pursuant to this subdivision to
community-based  organizations  must  be  in  addition  to   allocations
provided  to  community-based  organizations  in  the base year. For the
purpose of teacher support for the 2015--2016 school year: to  the  city
school district of the city of New York, sixty-two million seven hundred
seven  thousand  dollars  ($62,707,000);  to  the  Buffalo  city  school
district,  one  million  seven  hundred   forty-one   thousand   dollars
($1,741,000);  to the Rochester city school district, one million seven-
ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
district,   one   million   one  hundred  forty-seven  thousand  dollars
($1,147,000); and to the Syracuse city school  district,  eight  hundred
nine  thousand  dollars ($809,000). All funds made available to a school
district pursuant to this section shall be  distributed  among  teachers
including  prekindergarten teachers and teachers of adult vocational and
academic subjects in accordance with this section and shall be in  addi-
tion  to  salaries heretofore or hereafter negotiated or made available;
provided, however, that all funds distributed pursuant to  this  section
for  the  current year shall be deemed to incorporate all funds distrib-
uted pursuant to former subdivision 27 of section 3602 of the  education
law  for prior years. In school districts where the teachers are repres-
ented by certified or  recognized  employee  organizations,  all  salary
increases  funded  pursuant to this section shall be determined by sepa-
rate collective negotiations conducted pursuant to  the  provisions  and
procedures  of  article 14 of the civil service law, notwithstanding the
existence of a negotiated agreement between  a  school  district  and  a
certified or recognized employee organization.
  S  28.  Support  of  public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws  of  2015  enacting
the  aid  to  localities  budget  shall be apportioned for the 2015-2016
state fiscal year in accordance with the  provisions  of  sections  271,
272,  273,  282,  284,  and  285  of the education law as amended by the
provisions of this chapter and the provisions of this section,  provided
that  library  construction aid pursuant to section 273-a of the  educa-
tion law shall not be payable from the appropriations for the support of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it  received  for  the  year  2001-2002

S. 2006--A                         18                         A. 3006--A

except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
  Notwithstanding  any other provision of law to the contrary the moneys
appropriated for the support of public libraries for the year  2015-2016
by a chapter of the laws of 2015 enacting the education, labor and fami-
ly  assistance  budget  shall  fulfill the state's obligation to provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion and approved by the director of the  budget,  the  aid  payable  to
libraries  and  library systems pursuant to such appropriations shall be
reduced proportionately to assure that the total amount of  aid  payable
does not exceed the total appropriations for such purpose.
  S 29. Severability. The provisions of this act shall be severable, and
if  the  application  of  any  clause, sentence, paragraph, subdivision,
section or part of this act to  any  person  or  circumstance  shall  be
adjudged  by  any  court  of  competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the  case  may  be,  to  any  other
person  or  circumstance,  but shall be confined in its operation to the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 30. This act shall take effect immediately, and shall be  deemed  to
have been in full force and effect on and after April 1, 2015, provided,
however, that:
  1.  Sections one, eight, nine, thirteen, fourteen, twenty-two, twenty-
six and twenty-seven of this act shall take effect July 1, 2015.
  2. Sections seven and twelve of this act shall take  effect  April  1,
2014.
  3. Section six of this act shall take effect July 1, 2014.
  4.    Section  eleven  of this act shall take effect April 1, 2015 and
shall first apply to reimbursement for services  and  programs  provided
pursuant  to  section  4410  of  the education law in the 2015-16 school
year.
  5. The amendments to chapter 756 of the  laws  of  1992,  relating  to
funding a program for work force education conducted by a consortium for
worker  education  in New York City, made by sections thirteen and four-
teen of this act shall not affect the repeal of such chapter  and  shall
be deemed repealed therewith.
  6.  Section  seventeen  of  this act shall take effect immediately and
shall be deemed to have been in full force and effect on and  after  the
effective date of section 140 of chapter 82 of the laws of 1995.

                                 PART B

  Section  1. The education law is amended by adding a new section 210-a
to read as follows:
  S 210-A. REGISTRATION OF CURRICULA. NOTWITHSTANDING ANY LAW, RULE,  OR
REGULATION  TO  THE  CONTRARY,  ANY  NEW  CURRICULUM OR PROGRAM OF STUDY
OFFERED BY ANY NOT-FOR-PROFIT COLLEGE OR  UNIVERSITY  CHARTERED  BY  THE
REGENTS  OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE THAT DOES NOT
REQUIRE A MASTER PLAN AMENDMENT PURSUANT TO SECTION TWO HUNDRED  THIRTY-
SEVEN  OF  THIS  CHAPTER,  OR  CHARTER AMENDMENT PURSUANT TO SECTION TWO
HUNDRED SIXTEEN OF THIS CHAPTER, OR LEAD TO PROFESSIONAL  LICENSURE  AND
THAT  IS  APPROVED  BY  THE STATE UNIVERSITY BOARD OF TRUSTEES, THE CITY
UNIVERSITY BOARD OF TRUSTEES, OR THE TRUSTEES OR GOVERNING BODY  OF  ANY

S. 2006--A                         19                         A. 3006--A

OTHER  NOT-FOR-PROFIT  COLLEGE  OR  UNIVERSITY  CHARTERED BY THE REGENTS
WHICH (1) HAS MAINTAINED A PHYSICAL PRESENCE IN NEW YORK STATE  FOR  THE
IMMEDIATELY  PRECEDING  TEN  YEARS AND HAS BEEN OPERATED CONTINUOUSLY BY
THE  SAME GOVERNING CORPORATE ENTITY DURING THE SAME IMMEDIATELY PRECED-
ING TEN YEAR PERIOD AND (2) IS ACCREDITED AND HAS CONTINUED IN  ACCREDI-
TATION  BY THE MIDDLE STATES COMMISSION ON HIGHER EDUCATION ("MSCHE") OR
THE DEPARTMENT FOR THE IMMEDIATELY PRECEDING TEN YEARS, SHALL BE  DEEMED
REGISTERED  WITH  THE  DEPARTMENT  WITHIN THIRTY DAYS OF NOTIFICATION OF
APPROVAL. IF THE COLLEGE OR UNIVERSITY IS PLACED ON PROBATION OR HAS ITS
ACCREDITATION TERMINATED BY MSCHE,  SUCH  COLLEGE  OR  UNIVERSITY  SHALL
NOTIFY  THE  REGENTS  IN  WRITING  NO LATER THAN THIRTY DAYS AFTER BEING
FORMALLY INFORMED OF ITS PROBATION OR LOSS OF ACCREDITATION BY MSCHE. IF
A COLLEGE OR UNIVERSITY HAS ITS ACCREDITATION  PLACED  ON  PROBATION  OR
TERMINATED  BY  THE  MSCHE  OR  THE  EDUCATION DEPARTMENT THE COLLEGE OR
UNIVERSITY SHALL BE SUBJECT TO THE COMMISSIONER'S  PROGRAM  APPROVAL  IT
HAD  BEEN  REMOVED  FROM PROBATION OR REGAINED ACCREDITATION BY MSCHE OR
THE EDUCATION DEPARTMENT, AND SHALL REMAIN SUBJECT TO  SUCH  COMMISSION-
ER'S  PROGRAM APPROVAL UNTIL IT HAS CONTINUED IN ACCREDITATION AND WITH-
OUT PROBATION FOR A PERIOD OF NOT LESS THAN SIX YEARS. IF A  COLLEGE  OR
UNIVERSITY  SUBJECT  TO  THIS  SECTION  INTENDS TO OFFER OR INSTITUTE AN
ADDITIONAL DEGREE OR PROGRAM WHICH CONSTITUTES A  "SUBSTANTIVE  CHANGE,"
AS DEFINED AND DETERMINED BY MSCHE, THEN THE COLLEGE OR UNIVERSITY SHALL
PROVIDE  THE  COMMISSIONER WITH COPIES OF ANY REPORTS OR OTHER DOCUMENTS
FILED WITH MSCHE AS PART OF MSCHE'S SUBSTANTIVE  CHANGE  REVIEW  PROCESS
AND  SHALL  INFORM  THE  COMMISSIONER  WHEN  THE  SUBSTANTIVE  CHANGE IS
APPROVED. ANY SUCH COLLEGE OR UNIVERSITY THAT DOES NOT  SATISFY  ALL  OF
THE  PROVISIONS  OF  THIS PARAGRAPH SHALL COMPLY WITH THE PROCEDURES AND
CRITERIA ESTABLISHED  BY  THE  REGENTS  AND  COMMISSIONER  FOR  ACADEMIC
PROGRAM  APPROVAL.  NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE
DEPARTMENT'S EXISTING AUTHORITY TO  ACT  ON  COMPLAINTS  CONCERNING  THE
INSTITUTION, INCLUDING THE AUTHORITY TO DE-REGISTER THE PROGRAM.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.

                                 PART C

  Section 1. The education law is amended by adding a new section  679-g
to read as follows:
  S  679-G. NEW YORK STATE GET ON YOUR FEET LOAN FORGIVENESS PROGRAM. 1.
PURPOSE. THE PRESIDENT SHALL GRANT STUDENT LOAN FORGIVENESS  AWARDS  FOR
THE  PURPOSE  OF ALLEVIATING THE BURDEN OF FEDERAL STUDENT LOAN DEBT FOR
RECENT NEW YORK STATE COLLEGE GRADUATES.
  2. ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS  SECTION,
AN APPLICANT SHALL: (A) HAVE GRADUATED FROM A HIGH SCHOOL LOCATED IN NEW
YORK  STATE  OR  ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE
HIGH SCHOOL EQUIVALENCY DIPLOMA AND RECEIVED SUCH HIGH SCHOOL EQUIVALEN-
CY DIPLOMA; (B) HAVE GRADUATED AND OBTAINED AN UNDERGRADUATE DEGREE FROM
A COLLEGE OR UNIVERSITY WITH ITS HEADQUARTERS LOCATED IN NEW YORK  STATE
IN  OR AFTER THE TWO THOUSAND FOURTEEN--FIFTEEN ACADEMIC YEAR; (C) APPLY
FOR THIS PROGRAM WITHIN TWO  YEARS  OF  COLLEGE  GRADUATION;  (D)  BE  A
PARTICIPANT  IN  A  FEDERAL  INCOME-DRIVEN  REPAYMENT PLAN WHOSE PAYMENT
AMOUNT IS GENERALLY TEN PERCENT OF DISCRETIONARY INCOME; (E) HAVE INCOME
OF LESS THAN FIFTY THOUSAND DOLLARS; (F)  BE  A  RESIDENT  OF  NEW  YORK
STATE; AND (G) WORK IN NEW YORK STATE, IF EMPLOYED. FOR PURPOSES OF THIS
PROGRAM, "INCOME" SHALL BE THE TOTAL ADJUSTED GROSS INCOME OF THE APPLI-
CANT AND THE APPLICANT'S SPOUSE, IF APPLICABLE.

S. 2006--A                         20                         A. 3006--A

  3.  AWARDS.  AN APPLICANT WHOSE ANNUAL INCOME IS LESS THAN FIFTY THOU-
SAND DOLLARS SHALL BE ELIGIBLE TO RECEIVE AN AWARD EQUAL TO ONE  HUNDRED
PERCENT  OF  HIS  OR  HER  MONTHLY  FEDERAL INCOME-DRIVEN REPAYMENT PLAN
PAYMENTS FOR THE FIRST TWO YEARS OF REPAYMENT UNDER THE FEDERAL PROGRAM.
  4.  RULES AND REGULATIONS. THE CORPORATION IS AUTHORIZED TO PROMULGATE
RULES AND REGULATIONS, AND MAY PROMULGATE EMERGENCY  REGULATIONS  NECES-
SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.

                                 PART D

  Section 1. This act shall be known and may be cited as the  "New  York
state DREAM Act".
  S 2.  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
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

S. 2006--A                         21                         A. 3006--A

  (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-
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

S. 2006--A                         22                         A. 3006--A

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 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],

S. 2006--A                         23                         A. 3006--A

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 2 of part O of chapter 58  of  the  laws  of
2006, 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.  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
  (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

S. 2006--A                         24                         A. 3006--A

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
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,

S. 2006--A                         25                         A. 3006--A

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
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

S. 2006--A                         26                         A. 3006--A

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-
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

S. 2006--A                         27                         A. 3006--A

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 FIFTEEN
THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA-
TION  NUMBER,  IN  WHICH  CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE
ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
  S 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 FIFTEEN THAT AMENDED THIS SUBPARAGRAPH DOES  NOT  ALLOW  FOR  A
TAXPAYER  IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION
NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
  S 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

S. 2006--A                         28                         A. 3006--A

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, notwithstanding the foregoing, this act shall not take
effect unless the legislature enacts, by no later than March 31, 2015, a
chapter of law identical to legislation submitted by the Governor pursu-
ant to Article VII of the New York Constitution as Part E of legislative
bill  numbers  S.  2006  and A. 3006 relating to an education tax credit
program that would make available $100 million in tax  credits  annually
to  provide  a tax credit incentive to encourage individual and business
donations to support public schools' educational improvement programs as
well as public and non-public school  scholarships  for  elementary  and
secondary  school students.   Provided, that the amendments to paragraph
(a) of subdivision 7 of section 6206  of  the  education  law,  made  by
section  eight-a  of this act, shall take effect upon the expiration and
repeal of the amendments to such paragraph made by section 4 of  chapter
260  of  the  laws  of 2011 pursuant to section 16 of chapter 260 of the
laws of 2011, as amended.  Provided further, however,  that  the  amend-
ments  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;  provided  that the president of the higher education
services corporation shall notify the legislative bill drafting  commis-
sion upon the occurrence of the issuance of regulations and the develop-
ment  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 E

  Section 1. Short title. This act shall be known and may  be  cited  as
the "education tax credit act".
  S  2.  The education law is amended by adding a new article 25 to read
as follows:
                               ARTICLE 25
                      EDUCATION TAX CREDIT PROGRAM
SECTION 1209. SHORT TITLE.
        1210. DEFINITIONS.
        1211. APPROVAL TO ISSUE CERTIFICATES OF RECEIPT.
        1212. APPLICATIONS  FOR  APPROVAL  TO  ISSUE   CERTIFICATES   OF
                RECEIPT.
        1213. APPLICATION APPROVAL FOR CERTIFICATES OF RECEIPTS.
        1214. REVOCATION OF APPROVAL TO ISSUE CERTIFICATES OF RECEIPT.
        1215. REPORTING AND RECORDKEEPING.
        1216. JOINT ANNUAL REPORT.
        1217. COMMISSIONER; POWERS.
  S  1209.  SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "EDUCATION TAX CREDIT PROGRAM".
  S 1210. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "AUTHORIZED  CONTRIBUTION"  MEANS  THE CONTRIBUTION AMOUNT THAT IS
LISTED ON THE CONTRIBUTION AUTHORIZATION CERTIFICATE ISSUED TO A TAXPAY-
ER.

S. 2006--A                         29                         A. 3006--A

  2. "CONTRIBUTION" MEANS A DONATION PAID  BY  CASH,  CHECK,  ELECTRONIC
FUNDS  TRANSFER,  DEBIT  CARD  OR CREDIT CARD THAT IS MADE BY A TAXPAYER
DURING THE TAXABLE YEAR.
  3.  "EDUCATIONAL  PROGRAM"  MEANS  AN ACADEMIC OR SIMILAR PROGRAM OF A
PUBLIC SCHOOL THAT ENHANCES THE CURRICULUM OR ACADEMIC  PROGRAM  OF  THE
PUBLIC  SCHOOL,  OR  PROVIDES  A  PRE-KINDERGARTEN  PROGRAM  TO A PUBLIC
SCHOOL. FOR PURPOSES OF THIS  DEFINITION,  THE  INSTRUCTION,  MATERIALS,
PROGRAMS  AND  OTHER  ACTIVITIES  OFFERED  BY  OR THROUGH AN EDUCATIONAL
PROGRAM MAY INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING FEATURES: (A)
INSTRUCTION OR MATERIALS PROMOTING HEALTH, PHYSICAL EDUCATION, AND FAMI-
LY AND CONSUMER SCIENCES; LITERARY, PERFORMING AND  VISUAL  ARTS;  MATH-
EMATICS,  SOCIAL  STUDIES,  TECHNOLOGY  AND  SCIENTIFIC ACHIEVEMENT; (B)
INSTRUCTION OR PROGRAMMING  TO  MEET  THE  EDUCATION  NEEDS  OF  AT-RISK
STUDENTS  OR  STUDENTS  WITH  DISABILITIES,  INCLUDING TUTORING OR COUN-
SELING; OR (C) THE USE OF SPECIALIZED INSTRUCTIONAL MATERIALS,  INSTRUC-
TORS OR INSTRUCTION NOT PROVIDED BY A PUBLIC SCHOOL.
  4. "EDUCATIONAL SCHOLARSHIP ORGANIZATION" MEANS AN ENTITY THAT: (A) IS
EXEMPT  FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION (C) OF SECTION
FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE; (B) USES AT LEAST  NINETY
PERCENT OF THE QUALIFIED CONTRIBUTIONS RECEIVED DURING THE CALENDAR YEAR
AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS DURING SUCH YEAR FOR
SCHOLARSHIPS;  (C)  PROVIDES MORE THAN FIFTY PERCENT OF ITS SCHOLARSHIPS
DURING A CALENDAR YEAR TO ELIGIBLE PUPILS WHO RESIDE IN A HOUSEHOLD THAT
HAS AN INCOME NOT TO EXCEED ONE HUNDRED  FIFTY  PERCENT  OF  THE  INCOME
QUALIFICATION  REQUIRED  FOR  THE REDUCED PRICE SCHOOL LUNCHES UNDER THE
NATIONAL SCHOOL LUNCH ACT, PROVIDED  HOWEVER  FOR  THE  PURPOSES  OF  AN
EDUCATIONAL  SCHOLARSHIP  ORGANIZATION  FULFILLING  SUCH REQUIREMENT, AN
EDUCATIONAL SCHOLARSHIP ORGANIZATION MAY ENTER INTO  AN  AGREEMENT  WITH
ANOTHER EDUCATIONAL SCHOLARSHIP ORGANIZATION OR ORGANIZATIONS TO JOINTLY
REPORT  THEIR  SCHOLARSHIP  INFORMATION  TO  MEET  SUCH REQUIREMENT; (D)
DEPOSITS AND HOLDS QUALIFIED CONTRIBUTIONS AND ANY INCOME  DERIVED  FROM
QUALIFIED  CONTRIBUTIONS  IN AN ACCOUNT THAT IS SEPARATE FROM THE ORGAN-
IZATION'S OPERATING OR OTHER FUNDS UNTIL SUCH QUALIFIED CONTRIBUTIONS OR
INCOME ARE WITHDRAWN FOR USE;  (E)  PROVIDES  SCHOLARSHIPS  TO  ELIGIBLE
PUPILS  FOR  USE  AT  NOT FEWER THAN THREE QUALIFIED SCHOOLS; AND (F) IS
APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTICLE.
  5. "ELIGIBLE PUPIL" MEANS A CHILD WHO  IS:  (A)  A  RESIDENT  OF  THIS
STATE;  (B)  OF SCHOOL AGE IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION
THIRTY-TWO HUNDRED TWO OF THIS CHAPTER OR WHO IS FOUR YEARS OF AGE ON OR
BEFORE DECEMBER FIRST OF THE YEAR IN WHICH SUCH CHILD IS ENROLLED  IN  A
PRE-KINDERGARTEN  PROGRAM; (C) ATTENDS OR IS ABOUT TO ATTEND A QUALIFIED
SCHOOL; AND (D) RESIDES IN A HOUSEHOLD  WHICH  HAS  A  FEDERAL  ADJUSTED
GROSS  INCOME  OF  TWO  HUNDRED FIFTY THOUSAND DOLLARS OR LESS, PROVIDED
HOWEVER, FOR HOUSEHOLDS WITH THREE  OR  MORE  DEPENDENT  CHILDREN,  SUCH
INCOME  LEVEL  SHALL  BE INCREASED BY TEN THOUSAND DOLLARS PER DEPENDENT
CHILD, NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS.
  6. "LOCAL EDUCATION FUND" MEANS A NOT-FOR-PROFIT ENTITY WHICH: (A)  IS
EXEMPT  FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION (C) OF SECTION
FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE; (B)  IS  ESTABLISHED  FOR
THE  PURPOSE OF SUPPORTING AT LEAST ONE PUBLIC SCHOOL OR A PUBLIC SCHOOL
DISTRICT LOCATED IN THIS STATE; (C) USES AT LEAST NINETY PERCENT OF  THE
QUALIFIED CONTRIBUTIONS RECEIVED DURING THE CALENDAR YEAR AND ANY INCOME
DERIVED  FROM  QUALIFIED CONTRIBUTIONS DURING SUCH MONTHS TO SUPPORT THE
PUBLIC SCHOOL OR SCHOOLS OR PUBLIC SCHOOL  DISTRICT  OR  DISTRICTS  THAT
SUCH FUND HAS BEEN ESTABLISHED TO SUPPORT; (D) DEPOSITS AND HOLDS QUALI-
FIED  CONTRIBUTIONS  AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS

S. 2006--A                         30                         A. 3006--A

IN AN ACCOUNT THAT IS SEPARATE FROM THE FUND'S OPERATING OR OTHER  FUNDS
UNTIL  SUCH QUALIFIED CONTRIBUTIONS OR INCOME ARE WITHDRAWN FOR USE; AND
(E) IS APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS  ARTI-
CLE.
  7.  "NON-PUBLIC  SCHOOL"  MEANS  ANY  NOT-FOR-PROFIT  PRE-KINDERGARTEN
PROGRAM OR ELEMENTARY OR  SECONDARY  SECTARIAN  OR  NONSECTARIAN  SCHOOL
LOCATED  IN  THIS  STATE,  OTHER  THAN  A  PUBLIC  SCHOOL, THAT PROVIDES
INSTRUCTION AT ONE OR MORE LOCATIONS TO AN ELIGIBLE PUPIL IN  ACCORDANCE
WITH SUBDIVISION TWO OF SECTION THIRTY-TWO HUNDRED FOUR OF THIS CHAPTER.
  8.  "PUBLIC  EDUCATION  ENTITY"  MEANS  A  PUBLIC SCHOOL DISTRICT OR A
PUBLIC SCHOOL IN THIS STATE, PROVIDED THAT SUCH PUBLIC  SCHOOL  DISTRICT
OR PUBLIC SCHOOL: (A) DEPOSITS AND HOLDS QUALIFIED CONTRIBUTIONS AND ANY
INCOME  DERIVED  FROM SUCH QUALIFIED CONTRIBUTIONS IN AN ACCOUNT THAT IS
SEPARATE FROM THE PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT'S OPERATING OR
OTHER FUNDS UNTIL SUCH QUALIFIED CONTRIBUTIONS OR INCOME  ARE  WITHDRAWN
FOR  USE;  AND  (B)  IS APPROVED TO RECEIVE AUTHORIZED CONTRIBUTIONS AND
ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTICLE.
  9. "PUBLIC SCHOOL" MEANS ANY FREE ELEMENTARY OR  SECONDARY  SCHOOL  IN
THIS STATE PURSUANT TO ARTICLE ELEVEN OF THE CONSTITUTION, BUT SHALL NOT
INCLUDE  A  CHARTER SCHOOL AUTHORIZED BY ARTICLE FIFTY-SIX OF THIS CHAP-
TER.
  10. "QUALIFIED CONTRIBUTION" MEANS THE AUTHORIZED CONTRIBUTION MADE BY
A TAXPAYER TO A PUBLIC EDUCATION ENTITY,  SCHOOL  IMPROVEMENT  ORGANIZA-
TION,  LOCAL  EDUCATION  FUND,  OR  EDUCATIONAL SCHOLARSHIP ORGANIZATION
LISTED IN THE  CONTRIBUTION  AUTHORIZATION  CERTIFICATE  ISSUED  TO  THE
TAXPAYER  FOR  WHICH  THE TAXPAYER HAS RECEIVED A CERTIFICATE OF RECEIPT
FROM SUCH ENTITY, FUND OR ORGANIZATION. A CONTRIBUTION DOES NOT  QUALIFY
IF  THE  TAXPAYER DESIGNATES THE TAXPAYER'S CONTRIBUTION TO AN ENTITY OR
ORGANIZATION FOR THE DIRECT  BENEFIT  OF  ANY  PARTICULAR  OR  SPECIFIED
STUDENT.
  11.  "QUALIFIED  SCHOOL"  MEANS  A  PUBLIC SCHOOL OR NON-PUBLIC SCHOOL
LOCATED IN THIS STATE.
  12. "SCHOLARSHIP" MEANS AN EDUCATIONAL SCHOLARSHIP  OR  TUITION  GRANT
AWARDED  TO  AN ELIGIBLE PUPIL TO ATTEND A QUALIFIED SCHOOL IN AN AMOUNT
NOT TO EXCEED THE TUITION CHARGED TO ATTEND SUCH SCHOOL LESS  ANY  OTHER
EDUCATIONAL SCHOLARSHIP OR TUITION GRANT RECEIVED BY SUCH ELIGIBLE PUPIL
OR  HIS  OR  HER PARENT, PARENTS, LEGAL GUARDIAN, OR LEGAL GUARDIANS FOR
SUCH ELIGIBLE PUPIL'S TUITION; PROVIDED, HOWEVER,  IN  THE  CASE  OF  AN
ELIGIBLE  PUPIL  ATTENDING  A  PUBLIC SCHOOL OF A DISTRICT OF WHICH SUCH
PUPIL IS NOT A RESIDENT, THE AMOUNT OF THE  EDUCATIONAL  SCHOLARSHIP  OR
TUITION  GRANT  AWARDED MAY NOT EXCEED THE TUITION CHARGED BY THE PUBLIC
SCHOOL PURSUANT TO PARAGRAPH D OF SUBDIVISION FOUR OF SECTION THIRTY-TWO
HUNDRED TWO OF THIS CHAPTER, BUT ONLY IF THE SCHOOL  DISTRICT  OF  WHICH
SUCH PUPIL IS A RESIDENT IS NOT REQUIRED TO PAY FOR SUCH TUITION.
  13.  "SCHOOL  IMPROVEMENT  ORGANIZATION" MEANS A NOT-FOR-PROFIT ENTITY
WHICH:  (A) IS EXEMPT FROM TAXATION UNDER PARAGRAPH THREE OF  SUBSECTION
(C)  OF  SECTION FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE; (B) USES
AT LEAST NINETY PERCENT OF THE QUALIFIED CONTRIBUTIONS  RECEIVED  DURING
THE  CALENDAR  YEAR  AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS
DURING SUCH MONTHS TO ASSIST PUBLIC SCHOOLS OR PUBLIC  SCHOOL  DISTRICTS
LOCATED IN THIS STATE IN THEIR PROVISION OF EDUCATIONAL PROGRAMS, EITHER
BY  MAKING  CONTRIBUTIONS TO ONE OR MORE PUBLIC SCHOOLS OR PUBLIC SCHOOL
DISTRICTS LOCATED IN THIS STATE OR PROVIDING EDUCATIONAL PROGRAMS TO, OR
IN CONJUNCTION WITH,  ONE  OR  MORE  PUBLIC  SCHOOLS  OR  PUBLIC  SCHOOL
DISTRICTS  LOCATED  IN  THIS  STATE;  (C)  DEPOSITS  AND HOLDS QUALIFIED
CONTRIBUTIONS AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS IN  AN

S. 2006--A                         31                         A. 3006--A

ACCOUNT  THAT  IS  SEPARATE  FROM  THE ORGANIZATION'S OPERATING OR OTHER
FUNDS UNTIL SUCH QUALIFIED CONTRIBUTIONS OR  INCOME  ARE  WITHDRAWN  FOR
USE;  AND  (D)  IS APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO
THIS  ARTICLE. SUCH TERM INCLUDES A PRE-KINDERGARTEN PROGRAM OR NOT-FOR-
PROFIT ENTITY THAT ALLOWS THE TAXPAYER TO CHOOSE TO DONATE TO A PROGRAM,
PROJECT OR INITIATIVE FOR USE IN A PUBLIC SCHOOL.
  S 1211. APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. 1.  PUBLIC  SCHOOLS
AND  PUBLIC  SCHOOL  DISTRICTS.  ALL  PUBLIC  SCHOOLS  AND PUBLIC SCHOOL
DISTRICTS SHALL BE APPROVED TO ISSUE CERTIFICATES OF RECEIPT FOR  QUALI-
FIED  CONTRIBUTIONS IN ACCORDANCE WITH SECTION FORTY-TWO OF THE TAX LAW,
PROVIDED, THAT SUCH PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT SHALL NOT BE
APPROVED IF EITHER: (A) SUCH PUBLIC SCHOOL  OR  PUBLIC  SCHOOL  DISTRICT
FAILS TO DEPOSIT AND HOLD QUALIFIED CONTRIBUTIONS AND ANY INCOME DERIVED
FROM  QUALIFIED  CONTRIBUTIONS  IN  AN ACCOUNT THAT IS SEPARATE FROM THE
SCHOOL OR SCHOOL DISTRICT'S OPERATING OR OTHER FUNDS UNTIL  SUCH  QUALI-
FIED  CONTRIBUTIONS  OR INCOME ARE WITHDRAWN FOR USE; OR (B) THE COMMIS-
SIONER HAS REVOKED SUCH APPROVAL FOR SUCH PUBLIC SCHOOL OR PUBLIC SCHOOL
DISTRICT PURSUANT TO SECTION TWELVE HUNDRED FOURTEEN OF THIS ARTICLE.
  2. SCHOOL IMPROVEMENT ORGANIZATIONS, EDUCATIONAL SCHOLARSHIP ORGANIZA-
TIONS AND LOCAL EDUCATION FUNDS.  NO  SCHOOL  IMPROVEMENT  ORGANIZATION,
EDUCATIONAL SCHOLARSHIP ORGANIZATION OR LOCAL EDUCATION FUND SHALL ISSUE
ANY  CERTIFICATES  OF  RECEIPT WITHOUT FILING AN APPLICATION PURSUANT TO
SECTION TWELVE HUNDRED TWELVE OF THIS  ARTICLE  AND  RECEIVING  APPROVAL
PURSUANT TO SECTION TWELVE HUNDRED THIRTEEN OF THIS ARTICLE.
  S  1212.  APPLICATIONS  FOR APPROVAL TO ISSUE CERTIFICATES OF RECEIPT.
EACH SCHOOL IMPROVEMENT ORGANIZATION, EDUCATIONAL SCHOLARSHIP  ORGANIZA-
TION AND LOCAL EDUCATION FUND SHALL SUBMIT AN APPLICATION TO THE COMMIS-
SIONER  FOR  APPROVAL  TO  ISSUE CERTIFICATES OF RECEIPT IN THE FORM AND
MANNER PRESCRIBED BY THE COMMISSIONER, PROVIDED  THAT  SUCH  APPLICATION
SHALL INCLUDE: (A) SUBMISSION OF DOCUMENTATION THAT SUCH SCHOOL IMPROVE-
MENT  ORGANIZATION,  LOCAL  EDUCATION  FUND  OR  EDUCATIONAL SCHOLARSHIP
ORGANIZATION HAS BEEN GRANTED EXEMPTION FROM  TAXATION  UNDER  PARAGRAPH
THREE  OF  SUBSECTION  (C)  OF  SECTION FIVE HUNDRED ONE OF THE INTERNAL
REVENUE CODE; (B) A LIST OF NAMES AND ADDRESSES OF ALL  MEMBERS  OF  THE
GOVERNING  BOARD OF THE SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION
FUND OR EDUCATIONAL SCHOLARSHIP ORGANIZATION;  AND  (C)  AN  EDUCATIONAL
SCHOLARSHIP  ORGANIZATION  SHALL  PROVIDE  CRITERIA  FOR THE AWARDING OF
SCHOLARSHIPS TO ELIGIBLE STUDENTS.
  S 1213. APPLICATION APPROVAL FOR CERTIFICATES OF RECEIPT. 1. IN GENER-
AL.  THE COMMISSIONER SHALL REVIEW EACH  APPLICATION  TO  ISSUE  CERTIF-
ICATES  OF  RECEIPT  PURSUANT  TO  THIS  ARTICLE. THE COMMISSIONER SHALL
PUBLISH CRITERIA USED TO DETERMINE SELECTION AND  ESTABLISH  AN  APPEALS
PROCESS FOR APPLICATIONS THAT ARE NOT APPROVED.
  2.  NOTIFICATION.  APPLICANTS  SHALL BE NOTIFIED OF THE COMMISSIONER'S
DETERMINATION WITHIN FIVE BUSINESS DAYS OF THE DETERMINATION.
  S 1214. REVOCATION OF APPROVAL TO ISSUE CERTIFICATES OF  RECEIPT.  THE
COMMISSIONER,  IN  CONSULTATION  WITH  THE  COMMISSIONER OF TAXATION AND
FINANCE, MAY REVOKE THE APPROVAL OF A SCHOOL  IMPROVEMENT  ORGANIZATION,
EDUCATIONAL  SCHOLARSHIP  ORGANIZATION,  LOCAL  EDUCATION  FUND,  PUBLIC
SCHOOL OR PUBLIC SCHOOL DISTRICT TO ISSUE CERTIFICATES OF RECEIPT UPON A
FINDING THAT SUCH ORGANIZATION, FUND,  SCHOOL  OR  SCHOOL  DISTRICT  HAS
VIOLATED  THIS  ARTICLE  OR  SECTION  FORTY-TWO  OF  THE  TAX LAW. THESE
VIOLATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY OF  THE  FOLLOWING:
(A)  FAILURE  TO  MEET  THE  REQUIREMENTS  OF  THIS  ARTICLE  OR SECTION
FORTY-TWO OF THE TAX LAW; (B) THE FAILURE TO MAINTAIN FULL AND  ADEQUATE
RECORDS  WITH RESPECT TO THE RECEIPT OF QUALIFIED CONTRIBUTIONS; (C) THE

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FAILURE TO SUPPLY SUCH RECORDS TO THE COMMISSIONER, DEPARTMENT OF  TAXA-
TION  AND  FINANCE, OR THE DEPARTMENT WHEN REQUESTED; OR (D) THE FAILURE
TO PROVIDE NOTICE TO THE DEPARTMENT OF TAXATION AND FINANCE OF THE ISSU-
ANCE  OR  NON-ISSUANCE  OF  CERTIFICATES  OF RECEIPT PURSUANT TO SECTION
FORTY-TWO OF THE TAX LAW; PROVIDED, HOWEVER, THAT THE COMMISSIONER SHALL
NOT REVOKE APPROVAL PURSUANT TO THIS SECTION BASED UPON A  VIOLATION  OF
TAX  LAW  UNLESS  THE  COMMISSIONER  OF TAXATION AND FINANCE AGREES THAT
REVOCATION IS WARRANTED; AND  PROVIDED  FURTHER  THAT  THE  COMMISSIONER
SHALL  NOT  REVOKE APPROVAL PURSUANT TO THIS SECTION WHEN THE FAILURE TO
COMPLY IS DUE TO CLERICAL ERROR AND NOT NEGLIGENCE OR INTENTIONAL DISRE-
GARD FOR THE LAW.   WITHIN  FIVE  DAYS  OF  THE  DETERMINATION  REVOKING
APPROVAL,  THE  COMMISSIONER  SHALL PROVIDE NOTICE OF SUCH REVOCATION TO
THE EDUCATIONAL SCHOLARSHIP ORGANIZATION, SCHOOL  IMPROVEMENT  ORGANIZA-
TION, LOCAL EDUCATION FUND, PUBLIC SCHOOL, OR PUBLIC SCHOOL DISTRICT AND
TO THE DEPARTMENT OF TAXATION AND FINANCE. THE COMMISSIONER SHALL ESTAB-
LISH AN APPEALS PROCESS FOR DETERMINATIONS REVOKING APPROVALS.
  S  1215.  REPORTING  AND RECORDKEEPING. 1. REPORTING. EACH EDUCATIONAL
SCHOLARSHIP ORGANIZATION, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL  EDUCA-
TION FUND, PUBLIC SCHOOL AND PUBLIC SCHOOL DISTRICT THAT RECEIVES QUALI-
FIED  CONTRIBUTIONS  SHALL REPORT TO THE COMMISSIONER AND THE DEPARTMENT
OF TAXATION AND FINANCE BY JANUARY THIRTY-FIRST OF EACH  CALENDAR  YEAR.
SUCH  REPORT  SHALL  BE IN THE FORM AND MANNER PRESCRIBED BY THE COMMIS-
SIONER IN CONSULTATION WITH THE COMMISSIONER OF TAXATION AND FINANCE.
  2. RECORDKEEPING. EACH EDUCATIONAL  SCHOLARSHIP  ORGANIZATION,  SCHOOL
IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, PUBLIC SCHOOL AND PUBLIC
SCHOOL  DISTRICT  THAT  ISSUED AT LEAST ONE CERTIFICATE OF RECEIPT SHALL
MAINTAIN RECORDS INCLUDING: (A) NOTIFICATIONS RECEIVED FROM THE  DEPART-
MENT  OF  TAXATION AND FINANCE; (B) NOTIFICATIONS MADE TO THE DEPARTMENT
OF TAXATION AND FINANCE; (C) COPIES OF QUALIFIED CONTRIBUTIONS RECEIVED;
(D) COPIES OF THE DEPOSIT OF SUCH QUALIFIED CONTRIBUTIONS; (E) COPIES OF
ISSUED CERTIFICATES OF RECEIPT; (F) ANNUAL FINANCIAL STATEMENTS; (G)  IN
THE  CASE  OF  SCHOOL IMPROVEMENT ORGANIZATIONS, EDUCATIONAL SCHOLARSHIP
ORGANIZATIONS AND  LOCAL  EDUCATION  FUNDS,  THE  APPLICATION  SUBMITTED
PURSUANT  TO  SECTION  TWELVE  HUNDRED  TWELVE  OF  THIS ARTICLE AND THE
APPROVAL ISSUED BY THE  COMMISSIONER;  AND  (H)  ANY  OTHER  INFORMATION
PRESCRIBED  BY THE COMMISSIONER. SUCH RECORDS SHALL BE MAINTAINED BY THE
ENTITY OR ORGANIZATION FOR FIVE YEARS.
  S 1216. JOINT ANNUAL REPORT. ON OR BEFORE THE LAST DAY OF MAY FOR EACH
CALENDAR YEAR, THE COMMISSIONER OF TAXATION AND FINANCE AND THE  COMMIS-
SIONER,  JOINTLY,  SHALL SUBMIT A WRITTEN REPORT AS PROVIDED IN SUBDIVI-
SION (K) OF SECTION FORTY-TWO OF THE TAX LAW.
  S 1217. COMMISSIONER; POWERS. THE COMMISSIONER SHALL PROMULGATE ON  AN
EMERGENCY  BASIS  REGULATIONS  NECESSARY  FOR THE IMPLEMENTATION OF THIS
SECTION. THE COMMISSIONER SHALL MAKE  ANY  APPLICATION  REQUIRED  TO  BE
FILED PURSUANT TO THIS ARTICLE AVAILABLE TO APPLICANTS WITHIN SIXTY DAYS
OF THE EFFECTIVE DATE OF THIS ARTICLE.
  S  3.  The  education law is amended by adding a new section 1503-a to
read as follows:
  S 1503-A. POWER TO ACCEPT AND SOLICIT GIFTS AND  DONATIONS.  1.    THE
TRUSTEES  OR  BOARDS  OF  EDUCATION OF ALL SCHOOL DISTRICTS ORGANIZED BY
SPECIAL LAWS OR PURSUANT TO THE PROVISIONS OF A GENERAL LAW  ARE  HEREBY
AUTHORIZED  AND  EMPOWERED TO ACCEPT GIFTS, DONATIONS, AND CONTRIBUTIONS
TO THE DISTRICT AND TO SOLICIT THE SAME.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY OTHER
GENERAL OR SPECIAL LAW TO THE  CONTRARY,  THE  RECEIPT  OF  SUCH  GIFTS,
DONATIONS AND CONTRIBUTIONS MADE PURSUANT TO ARTICLE TWENTY-FIVE OF THIS

S. 2006--A                         33                         A. 3006--A

CHAPTER,  AND ANY INCOME DERIVED THEREFROM, SHALL BE DISREGARDED FOR THE
PURPOSES OF ALL  APPORTIONMENTS,  COMPUTATIONS,  AND  DETERMINATIONS  OF
STATE AID.
  S  4.  The  tax  law  is amended by adding a new section 42 to read as
follows:
  S 42. EDUCATION TAX CREDIT. (A) DEFINITIONS. FOR THE PURPOSES OF  THIS
SECTION,  THE  FOLLOWING  TERMS  HAVE  THE SAME DEFINITION AS IN SECTION
TWELVE HUNDRED TEN OF  THE  EDUCATION  LAW:  "AUTHORIZED  CONTRIBUTION",
"CONTRIBUTION",  "EDUCATIONAL  PROGRAM", "EDUCATIONAL SCHOLARSHIP ORGAN-
IZATION", "ELIGIBLE PUPIL", "LOCAL EDUCATION FUND", "NON-PUBLIC SCHOOL",
"PUBLIC EDUCATION ENTITY", "PUBLIC  SCHOOL",  "QUALIFIED  CONTRIBUTION",
"QUALIFIED  SCHOOL",  "SCHOLARSHIP",  AND  "SCHOOL IMPROVEMENT ORGANIZA-
TION".
  (B) ALLOWANCE OF CREDIT. A  TAXPAYER  SUBJECT  TO  TAX  UNDER  ARTICLE
NINE-A  OR  TWENTY-TWO OF THIS CHAPTER SHALL BE ALLOWED AN EDUCATION TAX
CREDIT AGAINST SUCH TAX, PURSUANT TO THE PROVISIONS REFERENCED IN SUBDI-
VISION (1) OF THIS SECTION, WITH RESPECT TO QUALIFIED CONTRIBUTIONS MADE
DURING THE TAXABLE YEAR.
  (C) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE THE LESSER  OF
SEVENTY-FIVE  PERCENT OF THE TAXPAYER'S TOTAL QUALIFIED CONTRIBUTIONS OR
ONE MILLION DOLLARS. IF THE TAXPAYER IS A PARTNER IN  A  PARTNERSHIP  OR
SHAREHOLDER  OF  A  NEW  YORK S CORPORATION, THEN THE CAP IMPOSED BY THE
PRECEDING SENTENCE SHALL BE APPLIED AT THE ENTITY  LEVEL,  SO  THAT  THE
AGGREGATE  CREDIT  ALLOWED  TO  ALL THE PARTNERS OR SHAREHOLDERS OF EACH
SUCH ENTITY IN THE TAXABLE YEAR DOES NOT EXCEED ONE MILLION DOLLARS.
  (D) INFORMATION TO BE POSTED ON THE DEPARTMENT'S WEBSITE. BEGINNING ON
THE SIXTEENTH DAY OF JANUARY OF EACH YEAR, THE COMMISSIONER SHALL  MAIN-
TAIN ON THE DEPARTMENT'S WEBSITE A RUNNING TOTAL OF THE AMOUNT OF AVAIL-
ABLE  CREDIT  FOR  WHICH  TAXPAYERS  MAY APPLY PURSUANT TO THIS SECTION.
ADDITIONALLY,  THE  COMMISSIONER  SHALL  MAINTAIN  ON  THE  DEPARTMENT'S
WEBSITE  A LIST OF THE SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION
FUNDS  AND  EDUCATIONAL  SCHOLARSHIP  ORGANIZATIONS  APPROVED  TO  ISSUE
CERTIFICATES OF RECEIPT PURSUANT TO ARTICLE TWENTY-FIVE OF THE EDUCATION
LAW.  THE COMMISSIONER SHALL ALSO MAINTAIN ON THE DEPARTMENT'S WEBSITE A
LIST OF PUBLIC EDUCATION  ENTITIES,  SCHOOL  IMPROVEMENT  ORGANIZATIONS,
LOCAL  EDUCATION  FUNDS  AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS WHOSE
APPROVAL TO ISSUE CERTIFICATES OF RECEIPT HAS BEEN  REVOKED  ALONG  WITH
THE DATE OF SUCH REVOCATION.
  (E) APPLICATIONS FOR CONTRIBUTION AUTHORIZATION CERTIFICATES. PRIOR TO
MAKING  A  CONTRIBUTION TO A PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT
ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZA-
TION, THE TAXPAYER SHALL APPLY TO  THE  DEPARTMENT  FOR  A  CONTRIBUTION
AUTHORIZATION  CERTIFICATE FOR SUCH CONTRIBUTION. SUCH APPLICATION SHALL
BE IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT.  THE  DEPARTMENT
MAY  ALLOW  TAXPAYERS  TO  MAKE  MULTIPLE APPLICATIONS ON THE SAME FORM,
PROVIDED THAT EACH CONTRIBUTION LISTED  ON  SUCH  APPLICATION  SHALL  BE
TREATED  AS  A  SEPARATE APPLICATION AND THAT THE DEPARTMENT SHALL ISSUE
SEPARATE CONTRIBUTION AUTHORIZATION CERTIFICATES FOR EACH SUCH  APPLICA-
TION.
  (F)  CONTRIBUTION  AUTHORIZATION  CERTIFICATES. 1. ISSUANCE OF CERTIF-
ICATES. THE COMMISSIONER SHALL ISSUE CONTRIBUTION AUTHORIZATION  CERTIF-
ICATES  IN  TWO  PHASES.  IN PHASE ONE, WHICH BEGINS ON THE FIRST DAY OF
JANUARY AND ENDS ON THE FIFTEENTH DAY OF JANUARY, THE COMMISSIONER SHALL
ACCEPT APPLICATIONS  FOR  CONTRIBUTION  AUTHORIZATION  CERTIFICATES  BUT
SHALL  NOT  ISSUE  ANY SUCH CERTIFICATES. COMMENCING AFTER THE SIXTEENTH
DAY OF JANUARY, THE COMMISSIONER SHALL ISSUE CONTRIBUTION  AUTHORIZATION

S. 2006--A                         34                         A. 3006--A

CERTIFICATES  FOR  APPLICATIONS RECEIVED DURING PHASE ONE, PROVIDED THAT
IF THE AGGREGATE TOTAL OF THE CONTRIBUTIONS FOR WHICH APPLICATIONS  HAVE
BEEN  RECEIVED  DURING PHASE ONE EXCEEDS THE AMOUNT OF THE CREDIT CAP IN
SUBDIVISION  (H)  OF  THIS  SECTION,  THE AUTHORIZED CONTRIBUTION AMOUNT
LISTED ON EACH CONTRIBUTION AUTHORIZATION CERTIFICATE  SHALL  EQUAL  THE
PRO-RATA  SHARE  OF  THE  CREDIT CAP. IF THE CREDIT CAP IS NOT EXCEEDED,
PHASE TWO COMMENCES ON JANUARY SIXTEENTH AND ENDS ON NOVEMBER FIRST. THE
COMMISSIONER SHALL ISSUE CONTRIBUTION AUTHORIZATION  CERTIFICATES  ON  A
FIRST-COME FIRST SERVE BASIS BASED UPON THE DATE THE DEPARTMENT RECEIVED
THE TAXPAYER'S APPLICATION FOR SUCH CERTIFICATE; PROVIDED, HOWEVER, THAT
IF  ON  ANY DAY THE DEPARTMENT RECEIVES APPLICATIONS REQUESTING CONTRIB-
UTION AUTHORIZATION CERTIFICATES FOR CONTRIBUTIONS THAT IN THE AGGREGATE
EXCEED THE AMOUNT OF THE REMAINING AVAILABLE CREDIT  ON  SUCH  DAY,  THE
AUTHORIZED CONTRIBUTION AMOUNT LISTED IN EACH CONTRIBUTION AUTHORIZATION
CERTIFICATE  SHALL  BE  THE  TAXPAYER'S  PRO-RATA SHARE OF THE REMAINING
AVAILABLE CREDIT. FOR PURPOSES  OF  DETERMINING  A  TAXPAYER'S  PRO-RATA
SHARE OF REMAINING AVAILABLE CREDIT, THE COMMISSIONER SHALL MULTIPLY THE
AMOUNT  OF  REMAINING  AVAILABLE  CREDIT BY A FRACTION, THE NUMERATOR OF
WHICH EQUALS THE TOTAL CONTRIBUTION  AMOUNT  LISTED  ON  THE  TAXPAYER'S
APPLICATION  AND THE DENOMINATOR OF WHICH EQUALS THE AGGREGATE AMOUNT OF
CONTRIBUTIONS LISTED ON THE APPLICATIONS FOR CONTRIBUTION  AUTHORIZATION
CERTIFICATES  RECEIVED  ON  SUCH DAY. CONTRIBUTION AUTHORIZATION CERTIF-
ICATES FOR APPLICATIONS RECEIVED DURING PHASE ONE  SHALL  BE  MAILED  NO
LATER THAN THE FIFTH DAY OF FEBRUARY. CONTRIBUTION AUTHORIZATION CERTIF-
ICATES FOR APPLICATIONS RECEIVED DURING PHASE TWO SHALL BE MAILED WITHIN
TWENTY  DAYS OF RECEIPT OF SUCH APPLICATIONS. PROVIDED, HOWEVER, THAT NO
CONTRIBUTION AUTHORIZATION CERTIFICATES FOR APPLICATIONS RECEIVED DURING
PHASE TWO SHALL BE ISSUED UNTIL ALL OF  THE  CONTRIBUTION  AUTHORIZATION
CERTIFICATES  FOR  APPLICATIONS  RECEIVED  DURING  PHASE  ONE  HAVE BEEN
ISSUED.
  2. CONTRIBUTION AUTHORIZATION CERTIFICATE CONTENTS. EACH  CONTRIBUTION
AUTHORIZATION CERTIFICATE SHALL STATE: (I) THE DATE SUCH CERTIFICATE WAS
ISSUED;  (II)  THE  DATE BY WHICH THE AUTHORIZED CONTRIBUTIONS LISTED IN
THE CERTIFICATE MUST BE MADE, WHICH SHALL  BE  NO  LATER  THAN  NOVEMBER
THIRTIETH  OF  THE YEAR FOR WHICH THE CONTRIBUTION AUTHORIZATION CERTIF-
ICATE WAS ISSUED; (III) THE TAXPAYER'S NAME AND ADDRESS; (IV) THE AMOUNT
OF AUTHORIZED CONTRIBUTIONS; (V) THE CONTRIBUTION AUTHORIZATION  CERTIF-
ICATE'S  CERTIFICATE  NUMBER;  (VI)  THE  NAME AND ADDRESS OF THE PUBLIC
EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION  FUND
OR  EDUCATIONAL SCHOLARSHIP ORGANIZATION FOR WHICH THE TAXPAYER MAY MAKE
THE AUTHORIZED CONTRIBUTION; AND (VII) ANY OTHER  INFORMATION  THAT  THE
COMMISSIONER DEEMS NECESSARY.
  3.  NOTIFICATION  OF  THE  ISSUANCE  OF  A  CONTRIBUTION AUTHORIZATION
CERTIFICATE. UPON ISSUANCE OF A CONTRIBUTION AUTHORIZATION  CERTIFICATE,
THE  COMMISSIONER SHALL NOTIFY THE EDUCATIONAL SCHOLARSHIP ORGANIZATION,
PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION OR LOCAL EDUCA-
TION FUND OF THE ISSUANCE OF THE CONTRIBUTION AUTHORIZATION  CERTIFICATE
TO  A TAXPAYER. SUCH NOTIFICATION SHALL INCLUDE: (I) THE TAXPAYER'S NAME
AND ADDRESS; (II) THE DATE SUCH CERTIFICATE WAS ISSUED; (III)  THE  DATE
BY  WHICH THE AUTHORIZED CONTRIBUTION LISTED IN THE NOTIFICATION MUST BE
MADE BY THE TAXPAYER; (IV) THE AMOUNT OF  THE  AUTHORIZED  CONTRIBUTION;
(V)  CONTRIBUTION AUTHORIZATION CERTIFICATE; AND (VI) ANY OTHER INFORMA-
TION THAT THE COMMISSIONER DEEMS NECESSARY.
  (G) CERTIFICATE OF RECEIPT. 1. IN GENERAL. NO PUBLIC EDUCATION ENTITY,
SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION  FUND,  OR  EDUCATIONAL
SCHOLARSHIP  ORGANIZATION  SHALL  ISSUE A CERTIFICATE OF RECEIPT FOR ANY

S. 2006--A                         35                         A. 3006--A

CONTRIBUTION MADE BY A TAXPAYER UNLESS  SUCH  PUBLIC  EDUCATION  ENTITY,
SCHOOL  IMPROVEMENT  ORGANIZATION,  LOCAL EDUCATION FUND, OR EDUCATIONAL
SCHOLARSHIP ORGANIZATION HAS BEEN  APPROVED  TO  ISSUE  CERTIFICATES  OF
RECEIPT  PURSUANT TO ARTICLE TWENTY-FIVE OF THE EDUCATION LAW. NO PUBLIC
EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND,
OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL  ISSUE  A  CERTIFICATE  OF
RECEIPT  FOR A CONTRIBUTION MADE BY A TAXPAYER UNLESS SUCH PUBLIC EDUCA-
TION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION  FUND,  OR
EDUCATIONAL  SCHOLARSHIP  ORGANIZATION  HAS  RECEIVED  NOTICE  FROM  THE
DEPARTMENT THAT THE DEPARTMENT ISSUED A CREDIT AUTHORIZATION CERTIFICATE
TO THE TAXPAYER FOR SUCH CONTRIBUTION.
  2. TIMELY CONTRIBUTION. IF A TAXPAYER MAKES AN AUTHORIZED CONTRIBUTION
TO THE PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT  ORGANIZATION,  LOCAL
EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SET FORTH ON THE
AUTHORIZATION  CERTIFICATE ISSUED TO THE TAXPAYER NO LATER THAN THE DATE
BY WHICH SUCH AUTHORIZED CONTRIBUTION  IS  REQUIRED  TO  BE  MADE,  SUCH
PUBLIC  EDUCATION  ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCA-
TION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL, WITHIN  THIRTY
DAYS  OF RECEIPT OF THE AUTHORIZED CONTRIBUTION, ISSUE TO THE TAXPAYER A
WRITTEN CERTIFICATE OF RECEIPT; PROVIDED, HOWEVER, THAT IF THE  TAXPAYER
CONTRIBUTES AN AMOUNT THAT IS LESS THAN THE AMOUNT LISTED ON THE TAXPAY-
ER'S  CONTRIBUTION  AUTHORIZATION CERTIFICATE, THE TAXPAYER SHALL NOT BE
ISSUED A CERTIFICATE OF RECEIPT FOR SUCH CONTRIBUTION.
  3. CERTIFICATE OF RECEIPT CONTENTS. EACH CERTIFICATE OF RECEIPT  SHALL
STATE:  (I) THE NAME AND ADDRESS OF THE ISSUING PUBLIC EDUCATION ENTITY,
SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION  FUND,  OR  EDUCATIONAL
SCHOLARSHIP  ORGANIZATION;  (II)  THE TAXPAYER'S NAME AND ADDRESS; (III)
THE DATE FOR EACH CONTRIBUTION; (IV) THE AMOUNT OF EACH CONTRIBUTION AND
THE CORRESPONDING CONTRIBUTION AUTHORIZATION CERTIFICATE NUMBER; (V) THE
TOTAL AMOUNT OF CONTRIBUTIONS; AND (VI) ANY OTHER INFORMATION  THAT  THE
COMMISSIONER DEEMS NECESSARY.
  4. NOTIFICATION TO THE DEPARTMENT FOR THE ISSUANCE OF A CERTIFICATE OF
RECEIPT.  UPON  THE  ISSUANCE  OF  A CERTIFICATE OF RECEIPT, THE ISSUING
PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION,  LOCAL  EDUCA-
TION  FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL, WITHIN THIRTY
DAYS OF ISSUING THE CERTIFICATE OF RECEIPT, PROVIDE THE DEPARTMENT  WITH
NOTIFICATION  OF THE ISSUANCE OF SUCH CERTIFICATE IN THE FORM AND MANNER
PRESCRIBED BY THE DEPARTMENT.
  5. NOTIFICATION TO THE DEPARTMENT OF THE NON-ISSUANCE OF A CERTIFICATE
OF RECEIPT. EACH PUBLIC EDUCATION ENTITY, SCHOOL  IMPROVEMENT  ORGANIZA-
TION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION THAT
RECEIVED NOTIFICATION FROM THE DEPARTMENT PURSUANT TO SUBDIVISION (D) OF
THIS  SECTION  REGARDING  THE  ISSUANCE  OF A CONTRIBUTION AUTHORIZATION
CERTIFICATE TO A TAXPAYER SHALL, WITHIN THIRTY DAYS  OF  THE  EXPIRATION
DATE  FOR  SUCH  AUTHORIZED  CONTRIBUTION,  PROVIDE  NOTIFICATION TO THE
DEPARTMENT FOR EACH TAXPAYER THAT FAILED TO MAKE THE AUTHORIZED CONTRIB-
UTION TO SUCH PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT  ORGANIZATION,
LOCAL  EDUCATION  FUND,  OR  EDUCATIONAL SCHOLARSHIP ORGANIZATION IN THE
FORM AND MANNER PRESCRIBED BY THE DEPARTMENT.
  6. FAILURE TO NOTIFY THE DEPARTMENT. WITHIN THIRTY DAYS  OF  DISCOVERY
OF THE FAILURE OF ANY PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGAN-
IZATION,  LOCAL  EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION
TO COMPLY WITH THE NOTIFICATION REQUIREMENTS  PRESCRIBED  BY  PARAGRAPHS
FOUR AND FIVE OF THIS SUBDIVISION, THE COMMISSIONER SHALL ISSUE A NOTICE
OF COMPLIANCE FAILURE TO SUCH ENTITY, PROGRAM FUND OR ORGANIZATION. SUCH
ENTITY,  PROGRAM  FUND  OR  ORGANIZATION SHALL HAVE THIRTY DAYS FROM THE

S. 2006--A                         36                         A. 3006--A

DATE OF SUCH NOTICE TO MAKE THE NOTIFICATIONS PRESCRIBED  BY  PARAGRAPHS
FOUR  AND  FIVE  OF THIS SUBDIVISION. SUCH PERIOD MAY BE EXTENDED FOR AN
ADDITIONAL THIRTY DAYS UPON THE REQUEST OF THE ENTITY, PROGRAM  FUND  OR
ORGANIZATION. UPON THE EXPIRATION OF THE PERIOD FOR COMPLIANCE SET FORTH
IN THE NOTICE PRESCRIBED BY THIS PARAGRAPH, THE COMMISSIONER SHALL NOTI-
FY  THE  COMMISSIONER  OF  EDUCATION  THAT  SUCH ENTITY, PROGRAM FUND OR
ORGANIZATION FAILED TO MAKE THE NOTIFICATIONS PRESCRIBED  BY  PARAGRAPHS
FOUR AND FIVE OF THIS SUBDIVISION.
  (H)  CREDIT  CAP.  THE  MAXIMUM  PERMITTED  CREDITS UNDER THIS SECTION
AVAILABLE ANNUALLY TO ALL  TAXPAYERS  FOR  QUALIFIED  CONTRIBUTIONS  FOR
CALENDAR  YEAR TWO THOUSAND SIXTEEN AND ALL FOLLOWING YEARS SHALL BE ONE
HUNDRED MILLION  DOLLARS.  THE  MAXIMUM  PERMITTED  CREDITS  UNDER  THIS
SECTION  FOR QUALIFIED CONTRIBUTIONS SHALL BE ALLOCATED FIFTY PERCENT TO
PUBLIC EDUCATION ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS,  AND  LOCAL
EDUCATION  FUNDS  AND FIFTY PERCENT TO EDUCATIONAL SCHOLARSHIP ORGANIZA-
TIONS.
  (I) ADDITIONS TO THE CREDIT CAP. UNISSUED CERTIFICATES OF RECEIPT. ANY
AMOUNTS FOR WHICH THE DEPARTMENT RECEIVES NOTIFICATION  OF  NON-ISSUANCE
OF  A  CERTIFICATE  OF  RECEIPT  SHALL BE ADDED TO THE CAP PRESCRIBED IN
SUBDIVISION (H) OF THIS SECTION FOR THE IMMEDIATELY FOLLOWING YEAR.
  (J) OTHER REQUIREMENTS; MISCELLANEOUS. 1. RECORD KEEPING. EACH TAXPAY-
ER SHALL, FOR EACH TAXABLE YEAR  FOR  WHICH  THE  EDUCATION  TAX  CREDIT
PROVIDED  FOR  UNDER  THIS  SECTION  IS CLAIMED, MAINTAIN RECORDS OF THE
FOLLOWING  INFORMATION:  (I)  CONTRIBUTION  AUTHORIZATION   CERTIFICATES
OBTAINED  PURSUANT  TO SUBDIVISION (F) OF THIS SECTION, AND (II) CERTIF-
ICATES OF RECEIPT OBTAINED PURSUANT TO SUBDIVISION (G) OF THIS SECTION.
  2. REGULATIONS. THE COMMISSIONER IS HEREBY  AUTHORIZED  TO  PROMULGATE
AND  ADOPT ON AN EMERGENCY BASIS REGULATIONS NECESSARY FOR THE IMPLEMEN-
TATION OF THIS SECTION.
  (K) JOINT ANNUAL REPORT. ON OR BEFORE THE LAST DAY  OF  MAY  FOR  EACH
CALENDAR  YEAR, FOR THE IMMEDIATELY PRECEDING YEAR, THE COMMISSIONER AND
THE COMMISSIONER OF EDUCATION SHALL JOINTLY SUBMIT A WRITTEN  REPORT  TO
THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE  CHAIRMAN
OF  THE  ASSEMBLY  WAYS  AND  MEANS COMMITTEE REGARDING THE CREDIT. SUCH
REPORT SHALL CONTAIN INFORMATION FOR ARTICLES NINE-A AND  TWENTY-TWO  OF
THIS  CHAPTER,  RESPECTIVELY,  REGARDING: (I) THE NUMBER OF APPLICATIONS
RECEIVED; (II) THE NUMBER OF AND AGGREGATE  VALUE  OF  THE  CONTRIBUTION
AUTHORIZATION  CERTIFICATES ISSUED FOR CONTRIBUTIONS TO PUBLIC EDUCATION
ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION  FUNDS,  AND
EDUCATIONAL SCHOLARSHIP ORGANIZATIONS, RESPECTIVELY; (III) THE GEOGRAPH-
ICAL DISTRIBUTION BY COUNTY, TO THE EXTENT FEASIBLE, OF (A) THE APPLICA-
TIONS  FOR  CONTRIBUTION AUTHORIZATION CERTIFICATES, DISTRIBUTION BY THE
COUNTY, TO THE EXTENT FEASIBLE, OF (B) THE  PUBLIC  EDUCATION  ENTITIES,
SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS, AND EDUCATIONAL
SCHOLARSHIP  ORGANIZATIONS  LISTED  ON  THE ISSUED CONTRIBUTION AUTHORI-
ZATION  CERTIFICATES;  AND  (IV)  INFORMATION,  INCLUDING   GEOGRAPHICAL
DISTRIBUTION  BY COUNTY, TO THE EXTENT FEASIBLE, OF THE NUMBER OF ELIGI-
BLE PUPILS THAT RECEIVED SCHOLARSHIPS, THE NUMBER OF  QUALIFIED  SCHOOLS
ATTENDED  BY  ELIGIBLE  PUPILS  THAT RECEIVED SUCH SCHOLARSHIPS, AND THE
AVERAGE VALUE OF SCHOLARSHIPS RECEIVED  BY  SUCH  ELIGIBLE  PUPILS.  THE
COMMISSIONER  AND DESIGNATED EMPLOYEES OF THE DEPARTMENT AND THE COMMIS-
SIONER OF EDUCATION AND DESIGNATED EMPLOYEES OF THE DEPARTMENT OF EDUCA-
TION SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE INFORMATION
REGARDING THE SCHOOL IMPROVEMENT ORGANIZATIONS,  LOCAL  EDUCATION  FUNDS
AND  EDUCATIONAL  SCHOLARSHIP ORGANIZATIONS THAT APPLIED FOR APPROVAL TO

S. 2006--A                         37                         A. 3006--A

BE AUTHORIZED TO RECEIVE QUALIFIED CONTRIBUTIONS; AND THE PUBLIC  EDUCA-
TION  ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS,
AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS AUTHORIZED  TO  ISSUE  CERTIF-
ICATES  OF  RECEIPT,  INCLUDING INFORMATION CONTAINED IN OR DERIVED FROM
APPLICATION FORMS AND REPORTS SUBMITTED TO THE DEPARTMENT  OF  EDUCATION
OR THE COMMISSIONER OF EDUCATION.
  (L)  CROSS  REFERENCES.  FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
  (1) ARTICLE 9-A: SECTION 210-B; SUBDIVISION 50;
  (2) ARTICLE 22: SECTION 606, SUBSECTION (CCC);
  S 5. Paragraph (b) of subdivision 9 of section 208 of the tax  law  is
amended by adding a new subparagraph 22 to read as follows:
  (22)  THE AMOUNT OF ANY FEDERAL DEDUCTION FOR CHARITABLE CONTRIBUTIONS
ALLOWED UNDER SECTION ONE HUNDRED SEVENTY OF THE INTERNAL  REVENUE  CODE
TO  THE  EXTENT  SUCH  CONTRIBUTIONS ARE USED AS THE BASIS OF THE CALCU-
LATION OF THE EDUCATION TAX CREDIT ALLOWED UNDER  SUBDIVISION  FIFTY  OF
SECTION TWO HUNDRED TEN-B OF THIS ARTICLE.
  S  6. Section 210-B of the tax law is amended by adding a new subdivi-
sion 50 to read as follows:
  50. EDUCATION TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE
ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED  IN  SECTION  FORTY-TWO  OF
THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE.
  (B)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR THAT YEAR TO  LESS
THAN  THE  AMOUNT  PRESCRIBED  IN  PARAGRAPH  (D)  OF SUBDIVISION ONE OF
SECTION TWO HUNDRED TEN OF THIS ARTICLE. IF THE AMOUNT OF CREDIT  ALLOW-
ABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH
AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX ON THE FIXED DOLLAR MINIMUM
THE EXCESS ALLOWED FOR A TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOW-
ING  YEAR  OR  YEARS  FOR  UP TO FIVE YEARS AND MAY BE DEDUCTED FROM THE
TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
  S 7. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
of  the  tax  law  is  amended  by  adding a new clause (xli) to read as
follows:

(XLI) EDUCATION TAX CREDIT              AMOUNT OF CREDIT UNDER
UNDER SUBSECTION (CCC)                  SUBDIVISION FIFTY OF SECTION
                                        TWO HUNDRED TEN-B
  S 8. Section 606 of the tax law is amended by adding a new  subsection
(ccc) to read as follows:
  (CCC)  EDUCATION  TAX CREDIT. ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE
ALLOWED A CREDIT TO BE COMPUTED AS PROVIDED IN SECTION FORTY-TWO OF THIS
CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE. IF THE AMOUNT OF CRED-
IT ALLOWABLE UNDER THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE
TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS ALLOWED FOR A TAXABLE YEAR  MAY
BE  CARRIED OVER TO THE FOLLOWING YEAR OR YEARS FOR UP TO FIVE YEARS AND
MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
  S 9. Subsection (g) of section 615 of the tax law is amended by adding
a new paragraph 3 to read as follows:
  (3) WITH RESPECT TO AN INDIVIDUAL WHO HAS CLAIMED  THE  EDUCATION  TAX
CREDIT  FOR  QUALIFIED  CONTRIBUTIONS  PURSUANT  TO SUBDIVISION (CCC) OF
SECTION SIX HUNDRED SIX OF THIS ARTICLE, THE TAXPAYER'S NEW  YORK  ITEM-
IZED DEDUCTION SHALL BE REDUCED BY ANY CHARITABLE CONTRIBUTION DEDUCTION
ALLOWED  UNDER  SECTION ONE HUNDRED SEVENTY OF THE INTERNAL REVENUE CODE
WITH RESPECT TO SUCH QUALIFIED CONTRIBUTIONS.

S. 2006--A                         38                         A. 3006--A

  S 10. Severability. If any provision of this section or  the  applica-
tion  thereof to any person or circumstances is held invalid, such inva-
lidity shall not affect other provisions or applications of the  section
which  can be given effect without the invalid provision or application,
and to this end the provisions of this section are declared to be sever-
able.
  S  11. This act shall take effect immediately and shall apply to taxa-
ble years beginning on or  after  January  1,  2016;  provided  however,
notwithstanding the foregoing, this act shall not take effect unless the
legislature  enacts,  by  no later than March 31, 2015, a chapter of law
identical to legislation submitted by the Governor pursuant  to  Article
VII  of  the New York Constitution as Part D of legislative bill numbers
S.2006 and A.3006 relating to the establishment by the president of  the
higher  education services corporation of an application form and proce-
dures 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 for applica-
ble  awards  without  having to submit information to any other state or
federal agency.

                                 PART F

  Section 1. The banking law is amended by adding a new section  9-w  to
read as follows:
  S  9-W.  STANDARD  FINANCIAL  AID  AWARD LETTER. THE SUPERINTENDENT OF
FINANCIAL SERVICES IN CONSULTATION WITH  THE  PRESIDENT  OF  THE  HIGHER
EDUCATION  SERVICES  CORPORATION  SHALL DEVELOP A STANDARD FINANCIAL AID
AWARD LETTER WHICH SHALL CLEARLY DELINEATE (A)  THE  ESTIMATED  COST  OF
ATTENDANCE,  (B)  ALL  FINANCIAL  AID OFFERED, WITH AN EXPLANATION AS TO
WHICH COMPONENTS WILL REQUIRE REPAYMENT, (C) ANY EXPECTED STUDENT AND/OR
FAMILY CONTRIBUTION, (D) CAMPUS-SPECIFIC GRADUATION,  MEDIAN  BORROWING,
AND  LOAN  DEFAULT RATES, AND (E) ANY OTHER INFORMATION AS DETERMINED BY
THE SUPERINTENDENT IN CONSULTATION WITH THE PRESIDENT.  THE  SUPERINTEN-
DENT  SHALL  PUBLISH AND MAKE AVAILABLE SUCH STANDARD LETTER BY DECEMBER
THIRTY-FIRST, TWO THOUSAND FIFTEEN AND THEREAFTER. EACH  COLLEGE,  VOCA-
TIONAL  INSTITUTION,  AND  ANY OTHER INSTITUTION THAT OFFERS AN APPROVED
PROGRAM AS DEFINED IN SECTION SIX HUNDRED ONE OF THE EDUCATION LAW SHALL
UTILIZE THE STANDARD  LETTER  ISSUED  BY  THE  DEPARTMENT  OF  FINANCIAL
SERVICES IN RESPONDING TO ALL FINANCIAL AID APPLICANTS FOR THE TWO THOU-
SAND  SIXTEEN--TWO  THOUSAND SEVENTEEN ACADEMIC YEAR AND THEREAFTER. THE
SUPERINTENDENT SHALL PROMULGATE REGULATIONS IMPLEMENTING THIS SECTION.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2015.

                                 PART G

  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. 2006--A                         39                         A. 3006--A

  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-
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-

S. 2006--A                         40                         A. 3006--A

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
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

S. 2006--A                         41                         A. 3006--A

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,
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

S. 2006--A                         42                         A. 3006--A

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 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

S. 2006--A                         43                         A. 3006--A

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
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

S. 2006--A                         44                         A. 3006--A

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
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

S. 2006--A                         45                         A. 3006--A

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-
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

S. 2006--A                         46                         A. 3006--A

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.
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

S. 2006--A                         47                         A. 3006--A

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
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

S. 2006--A                         48                         A. 3006--A

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
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-

S. 2006--A                         49                         A. 3006--A

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
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. 2006--A                         50                         A. 3006--A

  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
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

S. 2006--A                         51                         A. 3006--A

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
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

S. 2006--A                         52                         A. 3006--A

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
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

S. 2006--A                         53                         A. 3006--A

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
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

S. 2006--A                         54                         A. 3006--A

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
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-

S. 2006--A                         55                         A. 3006--A

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-
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

S. 2006--A                         56                         A. 3006--A

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
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,

S. 2006--A                         57                         A. 3006--A

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.
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

S. 2006--A                         58                         A. 3006--A

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-
FIED  PUBLIC