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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Mar 10, 2015 |
referred to finance |
Senate Bill S4206
2015-2016 Legislative Session
Enacts into law major components of legislation necessary to implement the state fiscal plan relating to education, labor and family assistance
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status - In Senate Committee Finance Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2015-S4206 (ACTIVE) - Details
- Current Committee:
- Senate Finance
- Law Section:
- Education Law
- Laws Affected:
- Amd Various Laws, generally
2015-S4206 (ACTIVE) - Summary
Amends the education law and makes other changes necessary to authorize school aid and implement education related programs (Part A); relates to member asks and charter schools (Part A-1); relates to regional high schools (Part A-2); streamlines new education program approval to meet workforce needs (Part B)
2015-S4206 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4206
2015-2016 Regular Sessions
I N S E N A T E
March 9, 2015
___________
Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
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
training grants to school districts and boards of cooperative educa-
tion services; allows for eligible school districts to receive special
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD20015-01-5
S. 4206 2
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 aid for education; to amend the education law, in
relation to transportation after four p.m., charter schools, and
BOCES; to amend part A of chapter 97 of the laws of 2011, amending the
general municipal law and the education law relating to establishing
limits upon school district and local government tax levies, in
relation to the effectiveness thereof; to amend the general municipal
law, in relation to withdrawals from the employee benefit accrued
liability reserve fund; to amend the education law, in relation to
internal audits, and special apportionments to school districts; to
amend chapter 121 of the laws of 1996 relating to authorizing the
Roosevelt union free school district to finance deficits by the issu-
ance of serial bonds, in relation to certain apportionments; to amend
the education law, in relation to votes on bond resolutions; to amend
the education law, in relation to building aid for certain schools; to
repeal section 31 of part A of chapter 57 of the laws of 2012 relating
to submission of school construction final cost reports; to repeal
subdivision 17 of section 3602 of the education law, relating to gap
elimination adjustment; and to repeal paragraph d of subdivision 2 of
section 2-d of the education law, relating to certain provisions
relating to the chief privacy officer (Part A-1); to amend the educa-
tion law, in relation to regional secondary schools (Part A-2); 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;
and providing for the repeal of such provisions upon expiration there-
of (Part C); intentionally omitted (Part D); to amend the tax law and
the education law, in relation to enacting the "education investment
incentives 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
implementation by colleges and universities of sexual assault, dating
violence, domestic violence and stalking prevention and response poli-
cies 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); intentionally
omitted (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 mort-
gage insurance fund for various housing purposes (Part M); inten-
tionally omitted (Part N); intentionally omitted (Part O); to amend
S. 4206 3
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); to amend the educa-
tion law, in relation to requiring experiential learning as a require-
ment for graduation (Part Q); to amend part U of chapter 57 of the
laws of 2005 amending the labor law and other laws implementing the
state fiscal plan for the 2005-2006 state fiscal year, relating to the
New York state higher education capital matching grant program for
independent colleges, in relation to the New York state higher educa-
tion matching grant program for independent colleges and the effec-
tiveness thereof (Part R); to amend the education law, in relation to
tuition assistance program rewards (Part S); to amend the education
law, in relation to a study concerning the feasibility of student loan
insurance programs (Part T); to amend the education law, in relation
to restricting tuition increases at certain community colleges (Part
U); to amend the limited liability company law, the business corpo-
ration law, the partnership law, the public health law and the educa-
tion law, in relation to allowing doctors of chiropractic licensed
under title VIII, article 132 of the education law to form limited
liability companies (Part V); to amend the education law, in relation
to the New York state science, technology, engineering and mathematics
incentive program (Part W); to amend the education law, in relation to
state appropriations to the state university of New York and the city
university of New York (Part X); to amend the education law, in
relation to establishing the help individuals reach employment program
(HIRE) (Part Y); to amend the education law, in relation to establish-
ing the retrain and employ unemployed persons program (Part Z); to
amend the education law, in relation to establishing the New York
state career pathways and placement incentive program (Part AA); to
amend the arts and cultural affairs law, in relation to grants by the
council on the arts (Part BB); and to amend the education law, in
relation to the development of a performance improvement plan (Part
CC)
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 CC. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
S. 4206 4
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 WITH A POPULATION OF ONE MILLION OR MORE THAT SUBMITTED A
CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND
SIXTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED
AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO
THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR WHICH SHALL, NOTWITH-
STANDING THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDI-
VISION TWO OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN AMOUNT
WHICH SHALL BE NOT LESS THAN THE AMOUNT APPROVED BY THE COMMISSIONER IN
S. 4206 5
THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND
FIFTEEN SCHOOL YEAR. For purposes of this paragraph, the "gap elimi-
nation adjustment percentage" shall be calculated as the sum of one
minus the quotient of the sum of the school district's net gap elimi-
nation adjustment for two thousand ten--two thousand eleven computed
pursuant to chapter fifty-three of the laws of two thousand ten, making
appropriations for the support of government, plus the school district's
gap elimination adjustment for two thousand eleven--two thousand twelve
as computed pursuant to chapter fifty-three of the laws of two thousand
eleven, making appropriations for the support of the local assistance
budget, including support for general support for public schools,
divided by the total aid for adjustment computed pursuant to chapter
fifty-three of the laws of two thousand eleven, making appropriations
for the local assistance budget, including support for general support
for public schools. Provided, further, that such amount shall be
expended to support and maintain allowable programs and activities
approved in the two thousand nine--two thousand ten school year or to
support new or expanded allowable programs and activities in the current
year.
S 2. The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 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
S. 4206 6
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
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
S. 4206 7
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
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
S. 4206 8
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.
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
S. 4206 9
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
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. 4206 10
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.
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
S. 4206 11
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
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
S. 4206 12
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
FIVE HUNDRED NINETY-NINE THOUSAND FIFTEEN (1,599,015) HOURS. Notwith-
standing any other provision of law to the contrary, the apportionment
calculated for the city school district of the city of New York pursuant
to subdivision 11 of section 3602 of the education law shall be computed
as if such contact hours provided by the consortium for worker educa-
tion, not to exceed the contact hours set forth herein, were eligible
for aid in accordance with the provisions of such subdivision 11 of
section 3602 of the education law.
S 13-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
tion law, as amended by section 14-a of part A of chapter 56 of the laws
of 2014, is amended to read as follows:
a-1. Notwithstanding the provisions of paragraph a of this subdivi-
sion, for aid payable in the school years two thousand--two thousand one
through two thousand nine--two thousand ten, and two thousand eleven--
two thousand twelve through two thousand [fourteen] FIFTEEN--two thou-
sand [fifteen] SIXTEEN, the commissioner may set aside an amount not to
exceed two million five hundred thousand dollars from the funds appro-
priated for purposes of this subdivision for the purpose of serving
persons twenty-one years of age or older who have not been enrolled in
any school for the preceding school year, including persons who have
received a high school diploma or high school equivalency diploma but
fail to demonstrate basic educational competencies as defined in regu-
lation by the commissioner, when measured by accepted standardized
tests, and who shall be eligible to attend employment preparation educa-
tion programs operated pursuant to this subdivision.
S 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 THIRTEEN MILLION DOLLARS ($13,000,000).
S 15. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, as amended by section 14 of part A of
chapter 56 of the laws of 2014, is amended to read as follows:
S 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2015] 2016.
S 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
S. 4206 13
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
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
S. 4206 14
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)
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
S. 4206 15
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
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. 4206 16
S 25. a. Notwithstanding any other law, rule or regulation to the
contrary, any moneys appropriated to the state education department may
be suballocated to other state departments or agencies, as needed, to
accomplish the intent of the specific appropriations contained therein.
b. Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department from the general
fund/aid to localities, local assistance account-001, shall be for
payment of financial assistance, as scheduled, net of disallowances,
refunds, reimbursement and credits.
c. Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education department for aid to
localities shall be available for payment of aid heretofore or hereafter
to accrue and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
d. Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department for general
support for public schools may be interchanged with any other item of
appropriation for general support for public schools within the general
fund local assistance account office of prekindergarten through grade
twelve education programs.
S 26. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city of Rochester, upon
the consent of the board of cooperative educational services of the
supervisory district serving its geographic region may purchase from
such board for the 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-
S. 4206 17
burgh central school district, three hundred thousand dollars
($300,000); to the Amsterdam city school district, eight hundred thou-
sand dollars ($800,000); to the Peekskill city school district, two
hundred thousand dollars ($200,000); and to the Hudson city school
district, four hundred thousand dollars ($400,000). Notwithstanding the
provisions of this section, a school district receiving a grant pursuant
to this section may use such grant funds for: (i) any instructional or
instructional support costs associated with the operation of a magnet
school; or (ii) any instructional or instructional support costs associ-
ated with implementation of an alternative approach to reduction of
racial isolation and/or enhancement of the instructional program and
raising of standards in elementary and secondary schools of school
districts having substantial concentrations of minority students. The
commissioner of education shall not be authorized to withhold magnet
grant funds from a school district that used such funds in accordance
with this paragraph, notwithstanding any inconsistency with a request
for proposals issued by such commissioner. For the purpose of attendance
improvement and dropout prevention for the 2015--2016 school year, for
any city school district in a city having a population of more than one
million, the setaside for attendance improvement and dropout prevention
shall equal the amount set aside in the base year. For the 2015--2016
school year, it is further provided that any city school district in a
city having a population of more than one million shall allocate at
least one-third of any increase from base year levels in funds set aside
pursuant to the requirements of this subdivision to community-based
organizations. Any increase required pursuant to this subdivision to
community-based organizations must be in addition to allocations
provided to community-based organizations in the base year. For the
purpose of teacher support for the 2015--2016 school year: to the city
school district of the city of New York, sixty-two million seven hundred
seven thousand dollars ($62,707,000); to the Buffalo city school
district, one million seven hundred forty-one thousand dollars
($1,741,000); to the Rochester city school district, one million seven-
ty-six thousand dollars ($1,076,000); to the Yonkers city school
district, one million one hundred forty-seven thousand dollars
($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
S. 4206 18
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 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 A-1
Section 1. Subdivision 17 of section 3602 of the education law is
REPEALED.
S 2. Clause (c) of subparagraph 5 of paragraph e of subdivision 6 of
section 3602 of the education law, as amended by section 4-a of part A
of chapter 56 of the laws of 2014, is amended to read as follows:
S. 4206 19
(c) At the end of each ten year segment of an assumed amortization
established pursuant to subparagraphs two, three and four of this para-
graph, or in the [two thousand fifteen -- two thousand sixteen] TWO
THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN school year in the case of
assumed amortizations whose ten year segment ends prior to such school
year, the commissioner shall revise the remaining scheduled semiannual
payments of the outstanding principal and interest of such assumed amor-
tization, other than the outstanding principal and interest of refunding
bonds where the district can demonstrate to the commissioner that it is
precluded by state or federal law, rule or regulation from refinancing
such outstanding principal and interest, based on the interest rates
applicable for the current year if the difference of the interest rate
upon which the existing assumed amortization is based minus such inter-
est rate applicable for the current year is equal to or greater than one
quarter of one-one hundredth. Provided however, in the case of assumed
amortization whose ten year segment ended prior to the [two thousand
fifteen -- two thousand sixteen] TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN school year the next ten year segment shall be deemed to
commence with the [two thousand fifteen -- two thousand sixteen] TWO
THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN school year. The department
shall notify school districts of projects subject to the provisions of
this clause by no later than December first next preceding the school
year in which the assumed amortization is scheduled to be revised pursu-
ant to this clause.
S 3. Section 31 of part A of chapter 57 of the laws of 2012 relating
to submission of school construction final cost reports is REPEALED.
S 4. Subdivision 4 of section 3627 of the education law, as amended by
section 7 of part A of chapter 56 of the laws of 2014, is amended to
read as follows:
4. Notwithstanding any other provision of law to the contrary, any
expenditures for transportation provided pursuant to this section in the
two thousand thirteen--two thousand fourteen and two thousand fourteen-
-two thousand fifteen school year and thereafter and otherwise eligible
for transportation aid pursuant to subdivision seven of section thirty-
six hundred two of this article shall be considered approved transporta-
tion expenses eligible for transportation aid, provided further that
such aid shall be limited to [eight] TWELVE million [one] SIX hundred
thousand dollars. And provided further that such expenditures eligible
for aid under this section shall supplement not supplant local expendi-
tures for such transportation in the two thousand twelve--two thousand
thirteen school year.
S 5. Subdivision 3 of section 2853 of the education law is amended by
adding a new paragraph (f) to read as follows:
(F) THE CITY SCHOOL DISTRICT SHALL ALSO PAY DIRECTLY TO THE CHARTER
SCHOOL, PURSUANT TO THIS SECTION, ANY AMOUNTS REQUIRED BY PARAGRAPH (E)
OF THIS SUBDIVISION. NOTWITHSTANDING THE FOREGOING, AND WHERE ANY SUCH
AMOUNTS REQUIRED TO BE PAID ARE ATTRIBUTABLE TO THE CURRENT SCHOOL YEAR
AND HAVE NOT BEEN PAID AS OF THE FIRST BUSINESS DAY OF JULY, THE CITY
SCHOOL DISTRICT SHALL PAY DIRECTLY TO THE CHARTER SCHOOL THE PRO RATA
AMOUNT, ON THE LATER OF THIRTY DAYS FROM THE TIME A CHARTER SCHOOL
SUBMITS A REQUEST FOR PAYMENT TO THE CITY SCHOOL DISTRICT OR A BI-MONTH-
LY PAYMENT BEING DUE PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS ARTICLE.
S 6. Paragraph (a-1) of subdivision 3 of section 2854 of the educa-
tion law, as added by chapter 4 of the laws of 1998, is amended to read
as follows:
S. 4206 20
(a-1) The board of trustees of a charter school shall employ and
contract with necessary teachers, administrators and other school
personnel. Such teachers shall be certified in accordance with the
requirements applicable to other public schools; provided, however, that
a charter school may employ as teachers (i) uncertified teachers with at
least three years of elementary, middle or secondary classroom teaching
experience; (ii) tenured or tenure track college faculty; (iii) individ-
uals with two years of satisfactory experience through the Teach for
America program; and (iv) individuals who possess exceptional business,
professional, artistic, athletic, or military experience, provided,
however, that such teachers described in clauses (i), (ii), (iii), and
(iv) of this paragraph shall not in total comprise more than thirty per
centum of the teaching staff of a charter school, or five teachers,
whichever is [less] GREATER. A teacher certified or otherwise approved
by the commissioner shall not be included in the numerical limits estab-
lished by the preceding sentence.
S 7. Section 2851 of the education law is amended by adding a new
subdivision 5 to read as follows:
5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN A CITY
HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS, A CHARTER SCHOOL
APPROVED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION
MAY APPLY AT ANY TIME TO ANOTHER CHARTER ENTITY DEFINED IN PARAGRAPH (B)
OR (C) OF SUBDIVISION THREE OF THIS SECTION TO REQUEST SUCH OTHER CHAR-
TER ENTITY TO OVERSEE AND SUPERVISE SUCH CHARTER SCHOOL. ALL OBLIGATIONS
OF THE CHANCELLOR TO OVERSEE AND SUPERVISE A CHARTER SCHOOL SHALL TERMI-
NATE UPON SUCH CHARTER SCHOOL ENTERING INTO A CHARTER AGREEMENT, AS
DEFINED IN SUBDIVISION FIVE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF
THIS ARTICLE, WITH ANOTHER CHARTER ENTITY, AND THE CHANCELLOR SHALL
PROVIDE IN A TIMELY FASHION INFORMATION RELEVANT TO THE CHARTER AS
REQUESTED BY SUCH OTHER CHARTER ENTITY.
S 8. Section 13 of part A of chapter 97 of the laws of 2011, amending
the general municipal law and the education law relating to establishing
limits upon school district and local government tax levies, is amended
to read as follows:
S 13. This act shall take effect immediately; provided, however, that
sections two through eleven of this act shall take effect July 1, 2011
and shall first apply to school district budgets and the budget adoption
process for the 2012-13 school year; and shall continue to apply to
school district budgets and the budget adoption process for any school
year beginning in any calendar year during which this act is in effect;
provided further, that if section 26 of part A of chapter 58 of the laws
of 2011 shall not have taken effect on or before such date then section
ten of this act shall take effect on the same date and in the same
manner as such chapter of the laws of 2011, takes effect; provided
further, that section one of this act shall first apply to the levy of
taxes by local governments for the fiscal year that begins in 2012 and
shall continue to apply to the levy of taxes by local governments for
any fiscal year beginning in any calendar year during which this act is
in effect[; provided, further, that this act shall remain in full force
and effect at a minimum until and including June 15, 2016 and shall
remain in effect thereafter only so long as the public emergency requir-
ing the regulation and control of residential rents and evictions and
all such laws providing for such regulation and control continue as
provided in subdivision 3 of section 1 of the local emergency rent
control act, sections 26-501, 26-502 and 26-520 of the administrative
code of the city of New York, section 17 of chapter 576 of the laws of
S. 4206 21
1974 and subdivision 2 of section 1 of chapter 274 of the laws of 1946
constituting the emergency housing rent control law, and section 10 of
chapter 555 of the laws of 1982, amending the general business law and
the administrative code of the city of New York relating to conversions
of residential property to cooperative or condominium ownership in the
city of New York as such laws are continued by chapter 93 of the laws of
2011 and as such sections are amended from time to time].
S 9. Paragraph b of subdivision 5 of section 1950 of the education
law, as amended by section 80-a of part A of chapter 58 of the laws of
2011, is amended to read as follows:
b. The cost of services herein referred to shall be the amount allo-
cated to each component school district by the board of cooperative
educational services to defray expenses of such board, except that that
part of the salary paid TO any teacher, supervisor or other employee of
the board of cooperative educational services [which] WHERE SUCH TEACH-
ER, SUPERVISOR OR OTHER EMPLOYEE OF THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES IS PROVIDING CAREER AND TECHNICAL EDUCATION SERVICES TO SCHOOL
AGE STUDENTS AND WHERE SUCH SALARY is in excess of thirty thousand
dollars IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR;
THIRTY-FOUR THOUSAND DOLLARS IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND
SIXTEEN SCHOOL YEAR; THIRTY-EIGHT THOUSAND DOLLARS IN THE TWO THOUSAND
SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR; FORTY-TWO THOUSAND DOLLARS
IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR;
FORTY-SIX THOUSAND DOLLARS IN THE TWO THOUSAND EIGHTEEN--TWO THOUSAND
NINETEEN SCHOOL YEAR; AND FIFTY THOUSAND DOLLARS IN THE TWO THOUSAND
NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND THEREAFTER, shall not be
such an approved expense, and except also that administrative and cler-
ical expenses shall not exceed ten percent of the total expenses for
purposes of this computation. Any gifts, donations or interest earned by
the board of cooperative educational services or on behalf of the board
of cooperative educational services by the dormitory authority or any
other source shall not be deducted in determining the cost of services
allocated to each component school district. Any payments made to a
component school district by the board of cooperative educational
services pursuant to subdivision eleven of section six-p of the general
municipal law attributable to an approved cost of service computed
pursuant to this subdivision shall be deducted from the cost of services
allocated to such component school district. The expense of transporta-
tion provided by the board of cooperative educational services pursuant
to paragraph q of subdivision four of this section shall be eligible for
aid apportioned pursuant to subdivision seven of section thirty-six
hundred two of this chapter and no board of cooperative educational
services transportation expense shall be an approved cost of services
for the computation of aid under this subdivision. Transportation
expense pursuant to paragraph q of subdivision four of this section
shall be included in the computation of the ten percent limitation on
administrative and clerical expenses.
S 10. Paragraph d of subdivision 2 of section 2-d of the education law
is REPEALED.
S 11. Subdivision 10 of section 6-p of the general municipal law, as
amended by section 14-b of part A of chapter 56 of the laws of 2014, is
amended to read as follows:
10. Notwithstanding any provision of law to the contrary, the govern-
ing board of a school district may, during the [two thousand fourteen--
two thousand fifteen] TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school
year, authorize a withdrawal from this fund in an amount not to exceed
S. 4206 22
[the lesser of: (a)] the dollar value of excess funding in the fund as
determined by the comptroller pursuant to section thirty-three of this
chapter [or (b) the amount of the school district's remaining gap elimi-
nation adjustment as calculated by the commissioner of education pursu-
ant to subdivision seventeen of section thirty-six hundred two of the
education law]. Funds withdrawn pursuant to this subdivision may only be
used for the purpose of maintaining educational programming during the
[two thousand fourteen--two thousand fifteen] TWO THOUSAND FIFTEEN--TWO
THOUSAND SIXTEEN school year [which otherwise would have been reduced as
a result of such gap elimination adjustment]. Governing boards which
make such a withdrawal shall submit, in a form prescribed by the commis-
sioner of education, relevant information about the withdrawal, which
shall include but not be limited to, the amount of such withdrawal, the
date of withdrawal, and the use of such withdrawn funds.
S 12. Subdivision 2 of section 2116-b of the education law, as amended
by section 4 of part A of chapter 57 of the laws of 2013, is amended and
a new subdivision 8 is added to read as follows:
2. School districts of less than eight teachers, school districts with
actual general fund expenditures totaling less than five million dollars
in the previous school year, or school districts with actual enrollment
of less than [one] FIVE thousand [five hundred] students in the previous
school year shall be exempt from this requirement. Any school district
claiming such exemption shall annually certify to the commissioner that
such school district meets the requirements set forth in this subdivi-
sion.
8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
INTERNAL AUDIT FUNCTION ESTABLISHED PURSUANT TO THIS SECTION SHALL BE
REQUIRED BY ALL SCHOOL DISTRICTS WITH FIVE THOUSAND OR MORE STUDENTS
UNLESS THE COMPTROLLER FINDS DEFICIENCIES IN THE AUDIT PERFORMED PURSU-
ANT TO SECTION THIRTY-THREE OF THE GENERAL MUNICIPAL LAW. IF DEFICIEN-
CIES ARE FOUND BY THE COMPTROLLER, SCHOOL DISTRICTS SHALL PERFORM BIEN-
NIAL INTERNAL AUDITS UNTIL THE COMPTROLLER CONDUCTS ANOTHER AUDIT OF
SUCH SCHOOL DISTRICT.
S 13. Paragraph b-1 of subdivision 11 of section 3641 of the education
law, as added by section 20-a of part A of chapter 56 of the laws of
2014, is amended to read as follows:
b-1. For the two thousand fourteen--two thousand fifteen [school year]
AND TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEARS, six million
dollars shall be paid pursuant to paragraph b of this subdivision and
the remaining six million dollars shall be paid after the submission of
an expenditure plan by the superintendent of the Roosevelt union free
school district to the speaker of the assembly, the temporary president
of the senate and the members of the legislature representing such
school district. Such plan shall focus on improving academic perform-
ance.
S 14. Subdivision a of section 5 of chapter 121 of the laws of 1996
relating to authorizing the Roosevelt union free school district to
finance deficits by the issuance of serial bonds, as amended by section
20-b of part A of chapter 56 of the laws of 2014, is amended to read as
follows:
a. Notwithstanding any other provisions of law, upon application to
the commissioner of education submitted not sooner than April first and
not later than June thirtieth of the applicable school year, the Roose-
velt union free school district shall be eligible to receive an appor-
tionment pursuant to this chapter for salary expenses, including related
benefits, incurred between April first and June thirtieth of such school
S. 4206 23
year. Such apportionment shall not exceed: for the 1996-97 school year
through the [2014-15] 2015-16 school year, four million dollars
($4,000,000); for the [2015-16] 2016-17 school year, three million
dollars ($3,000,000); for the [2016-17] 2017-18 school year, two million
dollars ($2,000,000); for the [2017-18] 2018-19 school year, one million
dollars ($1,000,000); and for the [2018-19] 2019-20 school year, zero
dollars. Such annual application shall be made after the board of
education has adopted a resolution to do so with the approval of the
commissioner of education.
S 15. The section heading and subdivision 1 of section 2022 of the
education law, as amended by section 7 of part A of chapter 97 of the
laws of 2011, are amended and a new subdivision 1-a is added to read as
follows:
Vote on school district budgets, ON BOND RESOLUTIONS and on the
election of school district trustees and board of education members. 1.
Notwithstanding any law, rule or regulation to the contrary, the
election of trustees or members of the board of education, [and] the
vote upon the appropriation of the necessary funds to meet the estimated
expenditures, AND THE VOTE UPON A BOND RESOLUTION EXCEPT WHERE THE BOARD
SHALL BY UNANIMOUS VOTE DECLARE THAT AN EMERGENCY EXISTS AND THE BEST
INTERESTS OF THE DISTRICT REQUIRE THAT THE VOTE ON THE BOND RESOLUTION
BE HELD ON A DIFFERENT DATE, in any common school district, union free
school district, central school district or central high school district
shall be held at the annual meeting and election on the third Tuesday in
May, provided, however, that such election shall be held on the second
Tuesday in May if the commissioner at the request of a local school
board certifies no later than March first that such election would
conflict with religious observances. The sole trustee, board of trustees
or board of education of every common, union free, central or central
high school district and every city school district to which this arti-
cle applies shall hold a budget hearing not less than seven nor more
than fourteen days prior to the annual meeting and election or special
district meeting at which a school budget vote will occur, and shall
prepare and present to the voters at such budget hearing a proposed
school district budget for the ensuing school year.
1-A. ANY BOND RESOLUTION MAY ONLY BE RESUBMITTED TO THE VOTERS OF THE
SCHOOL DISTRICT ONE TIME SUBSEQUENT TO SUCH VOTE.
S 16. The section heading and subdivision 1 of section 2022 of the
education law, the section heading as amended by section 23 of part A of
chapter 436 of the laws of 1997 and subdivision 1 as amended by section
8 of part C of chapter 58 of the laws of 1998, are amended and a new
subdivision 1-a is added to read as follows:
Vote on school district budgets, ON BOND RESOLUTIONS and on the
election of school district trustees and board of education members. 1.
Notwithstanding any law, rule or regulation to the contrary, the
election of trustees or members of the board of education, [and] the
vote upon the appropriation of the necessary funds to meet the estimated
expenditures, AND THE VOTE UPON A BOND RESOLUTION EXCEPT WHERE THE BOARD
SHALL BY UNANIMOUS VOTE DECLARE THAT AN EMERGENCY EXISTS AND THE BEST
INTERESTS OF THE DISTRICT REQUIRE THAT THE VOTE ON THE BOND RESOLUTION
BE HELD ON A DIFFERENT DATE, in any common school district, union free
school district, central school district or central high school district
shall be held at the annual meeting and election on the third Tuesday in
May, provided, however, that such election shall be held on the second
Tuesday in May if the commissioner at the request of a local school
board certifies no later than March first that such election would
S. 4206 24
conflict with religious observances. When such election or vote is taken
by recording the ayes and noes of the qualified voters attending, a
majority of the qualified voters present and voting, by a hand or voice
vote, may determine to take up the question of voting the necessary
funds to meet the estimated expenditures for a specific item separately,
and the qualified voters present and voting may increase the amount of
any estimated expenditures or reduce the same, except for teachers'
salaries, and the ordinary contingent expenses of the schools. The sole
trustee, board of trustees or board of education of every common, union
free, central or central high school district and every city school
district to which this article applies shall hold a budget hearing not
less than seven nor more than fourteen days prior to the annual meeting
and election or special district meeting at which a school budget vote
will occur, and shall prepare and present to the voters at such budget
hearing a proposed school district budget for the ensuing school year.
1-A. ANY BOND RESOLUTION MAY ONLY BE RESUBMITTED TO THE VOTERS OF THE
SCHOOL DISTRICT ONE TIME SUBSEQUENT TO SUCH VOTE.
S 17. Section 3602 of the education law is amended by adding a new
subdivision 6-h to read as follows:
6-H. BUILDING AID FOR SCHOOLS AUTHORIZED PURSUANT TO ARTICLE FIFTY-SIX
OF THIS CHAPTER. A. SCHOOLS AUTHORIZED PURSUANT TO ARTICLE FIFTY-SIX OF
THIS CHAPTER SHALL BE ELIGIBLE FOR BUILDING AID TO THE SAME EXTENT AS
SCHOOL DISTRICTS IN A PROCESS PRESCRIBED BY THE COMMISSIONER, PROVIDED,
THAT (1) AID APPORTIONMENTS FOR SUCH SCHOOLS SHALL BE CALCULATED BASED
ON THE ACTUAL AMORTIZATION AND ACTUAL INTEREST RATE, (2) THE BUILDING
AID RATIO USED SHALL BE THE RATIO FOR THE SCHOOL DISTRICT IN WHICH THE
SCHOOL IS LOCATED, AND THE CHARTER SCHOOL SHALL BE RESPONSIBLE FOR
PAYMENT OF THE LOCAL SHARE OF ANY AIDABLE BUILDING EXPENSES, AND (3) AID
ON EXPENDITURES FOR LEASE PAYMENTS SHALL BE APPORTIONED ONLY IF THE
LEASE HAS BEEN APPROVED BY THE SCHOOL'S BOARD OF TRUSTEES, THE AUTHORIZ-
ING ENTITY, AND THE COMMISSIONER.
B. THE COMMISSIONER SHALL BE AUTHORIZED TO GRANT SPECIFIC WAIVERS FROM
BUILDING AID PROGRAM REQUIREMENTS TO SCHOOLS AUTHORIZED PURSUANT TO
ARTICLE FIFTY-SIX OF THIS CHAPTER UPON A SHOWING THAT COMPLIANCE WITH
SUCH REQUIREMENTS WOULD CREATE AN UNDUE ECONOMIC HARDSHIP OR THAT SOME
OTHER GOOD CAUSE EXISTS THAT MAKES COMPLIANCE EXTREMELY IMPRACTICAL.
C. SCHOOL DISTRICTS THAT COLLECT PAYMENTS FROM A SCHOOL AUTHORIZED
PURSUANT TO ARTICLE FIFTY-SIX OF THIS CHAPTER UNDER A LEASE OR ANY OTHER
ARRANGEMENT FOR THE USE OF DISTRICT-OWNED FACILITIES SHALL HAVE ITS
BUILDING AID APPORTIONMENT REDUCED BY AN AMOUNT EQUAL TO THE SCHOOL'S
PAYMENTS TO THE DISTRICT PROVIDED, HOWEVER, NOTHING IN THIS SUBDIVISION
SHALL BE CONSTRUED TO AUTHORIZE A REDUCTION IN BUILDING AID ATTRIBUTABLE
TO BUILDING PROJECTS SUBJECT TO THE PROVISIONS OF SUBDIVISION FOUR OF
SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-TT OF THE PUBLIC AUTHORITIES
LAW.
D. IN THE EVENT THAT A SCHOOL IS NO LONGER AUTHORIZED PURSUANT TO
ARTICLE FIFTY-SIX OF THIS CHAPTER BUILDING AID PAYMENTS SHALL CEASE
IMMEDIATELY.
E. A CHARTER SCHOOL AUTHORIZED UNDER THIS ARTICLE SHALL NOT BE ENTI-
TLED TO RECEIVE BOTH BUILDING AID UNDER THIS SUBDIVISION AND UNDER
SUBDIVISION THREE OF SECTION TWENTY-EIGHT FIFTY-THREE OF THIS CHAPTER.
S 18. Section 1501 of the education law is amended by adding a new
subdivision 5 to read as follows:
5. NOTWITHSTANDING ANY LAW TO THE CONTRARY, SCHOOL DISTRICTS IN THE
COUNTY OF SUFFOLK CONSOLIDATED PURSUANT TO THIS ARTICLE, ANNEXED PURSU-
ANT TO ARTICLE THIRTY-FIVE OF THIS CHAPTER, FORMED OR CHANGED PURSUANT
S. 4206 25
TO ARTICLE THIRTY-SEVEN OF THIS CHAPTER, OR FORMED PURSUANT TO ARTICLE
THIRTY-NINE OF THIS CHAPTER, NEED NOT BE CONTIGUOUS.
S 19. Section 1912 of the education law, as added by chapter 732 of
the laws of 1981, is amended to read as follows:
S 1912. Formation of central high school districts in the county of
Suffolk. A central high school district may be formed by the combina-
tion of two or more central, union free or common school districts in
the county of Suffolk. [The territory shall be contiguous.]
S 20. This act shall take effect immediately; provided, however:
a. section one of this act shall apply to school years commencing on
and after July 1, 2015; and
b. section nine of this act shall apply to the calculation of BOCES
aid payable in the 2016-2017 school year and each school year thereaft-
er.
PART A-2
Section 1. The education law is amended by adding a new article 39-A
to read as follows:
ARTICLE 39-A
REGIONAL SECONDARY SCHOOLS
SECTION 1920. DEFINITIONS.
1921. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY
A BOARD OF EDUCATION.
1922. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY
A BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
1923. STATE AID FOR REGIONAL SECONDARY SCHOOLS.
1924. REGIONAL SECONDARY SCHOOL ADVISORY COMMITTEE.
S 1920. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. THE TERM "REGIONAL SECONDARY SCHOOL" SHALL MEAN A SECONDARY SCHOOL
ESTABLISHED BY PARTICIPATING DISTRICTS WITHIN A REGION OF NEW YORK
STATE.
2. THE TERM "SECONDARY SCHOOL" SHALL MEAN:
A. A HIGH SCHOOL CONTAINING GRADES NINE THROUGH TWELVE;
B. A JUNIOR HIGH SCHOOL CONTAINING GRADES SIX THROUGH EIGHT;
C. A COMBINED JUNIOR/SENIOR HIGH SCHOOL CONTAINING GRADES SIX THROUGH
TWELVE;
D. A COMBINED JUNIOR/SENIOR HIGH SCHOOL CONTAINING GRADES SEVEN
THROUGH TWELVE; OR
E. A COMBINED JUNIOR/SENIOR HIGH SCHOOL CONTAINING GRADES EIGHT
THROUGH TWELVE.
3. THE TERM "REGION" SHALL MEAN THE COMBINED AREA OF ALL THE PARTIC-
IPATING DISTRICTS THAT ESTABLISH A REGIONAL SECONDARY SCHOOL.
4. THE TERM "PARTICIPATING DISTRICT" SHALL MEAN AN ELIGIBLE SCHOOL
DISTRICT WHOSE BOARD OF EDUCATION HAS ADOPTED A RESOLUTION TO ESTABLISH
A REGIONAL SECONDARY SCHOOL WITH ONE OR MORE OTHER ELIGIBLE SCHOOL
DISTRICTS.
5. THE TERM "ELIGIBLE SCHOOL DISTRICT" SHALL MEAN:
A. A CITY SCHOOL DISTRICT,
B. A CENTRAL SCHOOL DISTRICT,
C. A UNION FREE SCHOOL DISTRICT, AND/OR
D. A COMMON SCHOOL DISTRICT, WHICH IS ELIGIBLE TO ESTABLISH A REGIONAL
SECONDARY SCHOOL.
6. THE TERM "HOSTING DISTRICT" SHALL MEAN THE PARTICIPATING DISTRICT
WHICH HOSTS THE REGIONAL SECONDARY SCHOOL.
S. 4206 26
7. THE TERM "REGIONAL REFERENDUM" SHALL MEAN A REFERENDUM, PRESENTED
SIMULTANEOUSLY ON THE BALLOT OF ALL THE PARTICIPATING DISTRICTS, AND
DETERMINED BY A MAJORITY VOTE OF THE PARTICIPATING ELECTORS OF THE
REGION COLLECTIVELY.
8. THE TERM "PROPOSED CONTRACT" SHALL MEAN THE CONTRACT ADOPTED BY ALL
THE BOARDS OF EDUCATION OF THE PARTICIPATING DISTRICTS FOR THE ESTAB-
LISHMENT AND OPERATION OF THE REGIONAL SECONDARY SCHOOL.
9. THE TERM "GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL" SHALL
MEAN THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL AS DESIGNATED
BY THE PROPOSED CONTRACT.
S 1921. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY A
BOARD OF EDUCATION. 1. A REGIONAL SECONDARY SCHOOL MAY BE ESTABLISHED
PURSUANT TO THIS SECTION.
2. A REGIONAL SECONDARY SCHOOL MAY BE ESTABLISHED BY TWO OR MORE
ELIGIBLE SCHOOL DISTRICTS.
3. THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL SHALL BE SUBJECT
TO THE APPROVAL OF THE COMMISSIONER, IN A MANNER AND TIME FRAME, AS SET
FORTH WITHIN THIS SECTION.
4. A REGIONAL SECONDARY SCHOOL:
A. SHALL BE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT OF A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES, UNLESS:
(I) UPON APPLICATION OF THE BOARDS OF EDUCATION SEEKING TO ESTABLISH A
REGIONAL SECONDARY SCHOOL, THE COMMISSIONER AGREES TO WAIVE THIS
REQUIREMENT; OR
(II) THE PARTICIPATING SCHOOL DISTRICT IS A CENTRAL HIGH SCHOOL
DISTRICT, WHICH SUBJECT TO APPROVAL OF ITS VOTERS, ENTERED INTO AN
AGREEMENT WITH SCHOOL DISTRICTS OTHER THAN ITS COMPONENT SCHOOL
DISTRICTS, THAT ARE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT OF
A BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
B. SHALL NOT BE A COMPONENT SCHOOL DISTRICT OF A CENTRAL HIGH SCHOOL
DISTRICT, OR A SPECIAL ACT SCHOOL DISTRICT, AS DEFINED IN SECTION FOUR
THOUSAND ONE OF THIS CHAPTER.
5. A REGIONAL SECONDARY SCHOOL SHALL SERVE ALL OR SOME OF THE STUDENTS
IN EACH OF THE PARTICIPATING DISTRICTS IN GRADES OF A SECONDARY SCHOOL
AS DETERMINED BY THE AGREEMENT BETWEEN THE PARTICIPATING DISTRICTS.
6. UPON THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL, EACH PARTIC-
IPATING DISTRICT SHALL CEASE OPERATION OF AT LEAST ONE SECONDARY SCHOOL,
EXCEPT THAT THE HOSTING DISTRICT MAY CONTINUE TO OPERATE A SECONDARY
SCHOOL AS A REGIONAL SECONDARY SCHOOL, PURSUANT TO THE CONDITIONS OF
THIS ARTICLE.
7. PURSUANT TO THIS SECTION, THE REGIONAL SECONDARY SCHOOL MAY BE
OPERATED BY:
A. ONE OF THE PARTICIPATING DISTRICTS, CONSTITUTING THE HOSTING
DISTRICT, WHICH SHALL ASSUME THE RESPONSIBILITY TO OPERATE, SUPERVISE
AND MAINTAIN THE REGIONAL SECONDARY SCHOOL AND THE ADMINISTRATION OF
SUCH REGIONAL SECONDARY SCHOOL; OR
B. A JOINT BOARD OF EDUCATION ESTABLISHED PURSUANT TO THIS SECTION.
8. A. TO ESTABLISH A REGIONAL SECONDARY SCHOOL, TWO OR MORE PARTIC-
IPATING SCHOOL DISTRICTS MUST INITIALLY ADOPT, BY MAJORITY VOTE OF THE
BOARD OF EDUCATION OF EACH PARTICIPATING DISTRICT, A RESOLUTION PROPOS-
ING THE ESTABLISHMENT OF THE REGIONAL SECONDARY SCHOOL.
B. THE RESOLUTION TO ESTABLISH A REGIONAL SECONDARY SCHOOL SHALL INDI-
CATE:
(I) THE PROPOSED PARTICIPATING SCHOOL DISTRICTS;
(II) WHETHER THE SCHOOL WOULD BE GOVERNED BY A PROPOSED HOSTING
DISTRICT OR A JOINT BOARD OF EDUCATION;
S. 4206 27
(III) A LISTING OF THE GRADES THAT WOULD BE INCLUDED IN THE REGIONAL
SECONDARY SCHOOL;
(IV) THE PROPOSED LOCATION OF THE REGIONAL SECONDARY SCHOOL;
(V) THE PROPOSED TERM OF THE CONTRACT GOVERNING THE REGIONAL SECONDARY
SCHOOL.
C. THE RESOLUTION TO ESTABLISH THE REGIONAL SECONDARY SCHOOL SHALL BE
VOTED ON BY EACH BOARD AT A MEETING HELD NO LATER THAN OCTOBER FIRST OF
THE SCHOOL YEAR PRIOR TO THE SCHOOL YEAR IN WHICH THE REGIONAL SECONDARY
SCHOOL IS PROPOSED TO COMMENCE OPERATION.
9. A. IF TWO OR MORE SCHOOL DISTRICTS ADOPT SUCH A RESOLUTION AS
PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION, THE RESOLUTION SHALL BE
PRESENTED IN A REGIONAL REFERENDUM BY MEANS OF A REGIONAL VOTE, BEFORE
THE ELECTORS OF ALL OF THE PROPOSED PARTICIPATING DISTRICTS.
B. APPROVAL OF THE REGIONAL REFERENDUM SHALL BE UPON A MAJORITY VOTE
OF THE PARTICIPATING ELECTORS IN THE REGION ENCOMPASSING ALL OF THE
PROPOSED PARTICIPATION DISTRICTS.
C. IN THE EVENT THE VOTERS DO NOT APPROVE THE REGIONAL REFERENDUM, IT
MAY BE PRESENTED FOR A RE-VOTE, BUT IN NO EVENT ANY MORE THAN TWO VOTES
BE HELD IN ANY SCHOOL YEAR.
10. UPON THE APPROVAL OF THE VOTERS IN THE REGIONAL REFERENDUM,
PRESENTED PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPAT-
ING SCHOOL DISTRICTS SHALL COLLECTIVELY ENTER INTO A PROPOSED CONTRACT
FOR THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL.
11. WITH THE CONSENT OF EACH OF THE PARTICIPATING BOARDS OF EDUCATION
AND APPROVAL OF THE COMMISSIONER, ADDITIONAL SCHOOL DISTRICTS, OTHERWISE
ELIGIBLE TO ESTABLISH THE REGIONAL SECONDARY SCHOOL, MAY JOIN THE
REGIONAL SECONDARY SCHOOL IN THE SECOND OR A SUBSEQUENT YEAR OF OPERA-
TION, BY ADOPTING A BOARD RESOLUTION AND OBTAINING VOTER APPROVAL UPON A
MAJORITY VOTE OF THE ELECTORS OF SUCH ADDITIONAL DISTRICT.
12. A. UPON RECEIPT OF VOTER APPROVAL IN THE REGIONAL REFERENDUM HELD
PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPATING SCHOOL
DISTRICTS SHALL ADOPT, BY A MAJORITY VOTE OF THE BOARDS OF EDUCATION OF
EACH PARTICIPATING SCHOOL DISTRICT, A PROPOSED CONTRACT FOR THE OPERA-
TION OF THE REGIONAL SECONDARY SCHOOL.
B. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY
SCHOOL SHALL INCLUDE THE PLAN OF FORMATION AND OPERATION OF THE REGIONAL
SECONDARY SCHOOL AND SHALL BE SUBMITTED TO THE COMMISSIONER FOR HIS OR
HER APPROVAL, IN A TIME AND MANNER PRESCRIBED BY THE COMMISSIONER.
C. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY
SCHOOL SHALL BE AN INTER-MUNICIPAL SHARING AGREEMENT PURSUANT TO ARTICLE
FIVE-G OF THE GENERAL MUNICIPAL LAW THAT COMPLIES WITH THE REQUIREMENTS
OF THIS SECTION.
13. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY
SCHOOL, AND THE REGIONAL SECONDARY SCHOOL THAT WOULD BE ESTABLISHED
THEREUNDER, SHALL MEET THE FOLLOWING REQUIREMENTS:
A. THE PROPOSED CONTRACT SHALL PROVIDE THE NAME OF THE REGIONAL
SECONDARY SCHOOL, WHICH SHALL BE SUBJECT TO THE COMMISSIONER'S APPROVAL.
B. THE TERM OF THE PROPOSED CONTRACT SHALL BE SPECIFIED THEREIN, AND
SHALL BE FOR A TERM NOT LESS THAN FIVE NOR MORE THAN SEVEN SCHOOL YEARS.
C. THE PROPOSED CONTRACT SHALL ESTABLISH A GOVERNING BOARD OF THE
REGIONAL SECONDARY SCHOOL, THAT WILL OPERATE THE REGIONAL SECONDARY
SCHOOL ON BEHALF OF ALL PARTICIPATING DISTRICTS, AS FOLLOWS:
(I) THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL SHALL BE
DESIGNATED BY THE PROPOSED CONTRACT TO BE EITHER THE BOARD OF EDUCATION
OF THE HOSTING DISTRICT, OR A JOINT BOARD OF EDUCATION ESTABLISHED BY
THE PARTICIPATING DISTRICTS.
S. 4206 28
(II) IN THE EVENT THE PROPOSED CONTRACT DESIGNATES A JOINT BOARD OF
EDUCATION AS THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL:
(1) SUCH JOINT BOARD SHALL CONSIST OF AT LEAST FIVE MEMBERS, WITH NOT
LESS THAN ONE MEMBER APPOINTED BY THE BOARD OF EDUCATION OF EACH PARTIC-
IPATING SCHOOL DISTRICT, AND WITH ANY REMAINING MEMBERS BEING JOINTLY
APPOINTED BY THE BOARDS OF EDUCATION OF THE PARTICIPATING SCHOOL
DISTRICTS COLLECTIVELY;
(2) THE PROPOSED CONTRACT, CONSISTENT WITH THE PROVISIONS OF THIS
SECTION, SHALL SPECIFY THE NUMBER, TERM, AND PROCEDURES FOR APPOINTMENT
OF THE JOINT BOARD MEMBERS; AND
(3) THE JOINT BOARD SHALL HAVE THE SAME POWERS AND DUTIES WITH RESPECT
TO THE REGIONAL SECONDARY SCHOOL AS A BOARD OF EDUCATION OF A UNION FREE
SCHOOL DISTRICT HAS WITH RESPECT TO ITS SCHOOLS UNDER THIS CHAPTER,
EXCEPT AS MODIFIED BY THE TERMS OF THE PROPOSED CONTRACT.
(III) THE GOVERNING BOARD SHALL HAVE RESPONSIBILITY FOR THE OPERATION,
SUPERVISION AND MAINTENANCE OF THE REGIONAL SECONDARY SCHOOL AND SHALL
BE RESPONSIBLE FOR THE ADMINISTRATION OF THE SCHOOL, INCLUDING THE
CURRICULUM, GRADING, STAFFING AND THE ISSUANCE OF DIPLOMAS FOR ALL
STUDENTS THAT ATTEND THE REGIONAL SECONDARY SCHOOL, AS SHALL BE DESIG-
NATED IN THE PROPOSED CONTRACT.
(IV) THE REGIONAL SECONDARY SCHOOL SHALL BE DEEMED A SCHOOL OF THE
GOVERNING BOARD FOR ACCOUNTABILITY PURPOSES.
D. THE PROPOSED CONTRACT MAY PROVIDE THAT THE STUDENT'S SCHOOL
DISTRICT OF RESIDENCE MAY ISSUE THE STUDENT'S DIPLOMA, UPON CERTIF-
ICATION BY THE GOVERNING BOARD THAT ALL GRADUATION REQUIREMENTS OF THE
REGIONAL SECONDARY SCHOOL HAVE BEEN MET.
E. THE PROPOSED CONTRACT SHALL DESIGNATE THE GRADES OF INSTRUCTION
INTENDED TO BE SERVED BY THE REGIONAL SECONDARY SCHOOL.
F. THE PROPOSED CONTRACT SHALL DESIGNATE THE SITE OF THE REGIONAL
SECONDARY SCHOOL, WHICH SHALL BE WITHIN THE BOUNDARIES OF ONE OF THE
PARTICIPATING DISTRICTS, AND WHERE POSSIBLE, SHOULD USE EXISTING BUILD-
INGS AND/OR INFRASTRUCTURE.
G. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
PROPOSED CONTRACT SHALL PROVIDE THAT EACH PARTICIPATING SCHOOL DISTRICT
SHALL BE RESPONSIBLE FOR PROVIDING OR ARRANGING FOR TRANSPORTATION TO
ITS RESIDENT STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL IN ACCORD-
ANCE WITH ITS SCHOOL DISTRICT POLICY, BUT WITHOUT REGARD TO ANY MAXIMUM
MILEAGE LIMITATION.
H. THE PROPOSED CONTRACT MAY PROVIDE THAT STUDENT TRANSPORTATION MAY
BE PROVIDED BY CONTRACT FOR TRANSPORTATION SERVICES, INCLUDING BUT NOT
LIMITED TO A CONTRACT WITH ONE OR MORE PARTICIPATING DISTRICTS OR A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
I. THE PROPOSED CONTRACT SHALL SPECIFY:
(I) THAT THE STUDENTS OF EACH PARTICIPATING SCHOOL DISTRICT SHALL
REMAIN ENROLLED AS STUDENTS OF THEIR RESPECTIVE PARTICIPATING SCHOOL
DISTRICTS;
(II) THAT THE STUDENTS SHALL BE TREATED AND COUNTED AS STUDENTS OF
THEIR RESPECTIVE PARTICIPATING SCHOOL DISTRICTS FOR PURPOSES OF ALL
STATE AID CALCULATIONS PURSUANT TO THIS CHAPTER;
(III) THE CURRENT ENROLLMENT OF ALL PARTICIPATING SCHOOL DISTRICTS;
AND
(IV) THE PROJECTED TOTAL ENROLLMENT NUMBERS OF THE REGIONAL SECONDARY
SCHOOL.
J. THE PROPOSED CONTRACT MUST DEMONSTRATE HOW THE REGIONAL SECONDARY
SCHOOL WILL PROVIDE INCREASED EDUCATIONAL OPPORTUNITIES FOR STUDENTS,
INCLUDING COURSES AND PROGRAMS IN SCIENCE, TECHNOLOGY, ENGINEERING AND
S. 4206 29
MATH, TO PREPARE STUDENTS FOR COLLEGE AND CAREER READINESS AND IMPROVE
STUDENT PERFORMANCE.
K. THAT EMPLOYMENT ISSUES OF THE REGIONAL SECONDARY SCHOOL SHALL BE
RESOLVED AS FOLLOWS:
(I) THAT ALL TEACHERS, TEACHING ASSISTANTS AND TEACHER AIDES OF THE
PARTICIPATING SCHOOL DISTRICTS, WHOSE SERVICES IN THE PARTICIPATING
SCHOOL DISTRICTS ARE NO LONGER NEEDED BECAUSE OF THE ESTABLISHMENT OF A
REGIONAL SECONDARY SCHOOL, OR THE TRANSFER OF STUDENTS TO AN EXISTING
REGIONAL SECONDARY SCHOOL, OR AS A RESULT OF A NEW PARTICIPATING SCHOOL
DISTRICT JOINING THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME
EMPLOYEES OF THE GOVERNING BOARD DESIGNATED IN THE PROPOSED CONTRACT,
AND SHALL RETAIN THEIR TENURE AND/OR EMPLOYMENT STATUS AND THE SENIORITY
GAINED IN THE PARTICIPATING DISTRICT.
(II) THAT IN THE EVENT THAT THE NUMBER OF TEACHING, TEACHING ASSISTANT
OR TEACHER AIDE POSITIONS NEEDED TO PROVIDE THE EDUCATIONAL SERVICES
REQUIRED BY A REGIONAL SECONDARY SCHOOL IS LESS THAN THE NUMBER OF
TEACHERS, TEACHING ASSISTANTS, AND TEACHER AIDES ELIGIBLE TO BE CONSID-
ERED EMPLOYEES OF THE DESIGNATED GOVERNING BOARD OF SUCH REGIONAL
SECONDARY SCHOOL, THE SERVICES OF THE TEACHERS, TEACHING ASSISTANTS AND
TEACHER AIDES HAVING THE LEAST SENIORITY IN THE PARTICIPATING SCHOOL
DISTRICT WITHIN THE TENURE AREA OR CIVIL SERVICE STATUS, AS THE CASE MAY
BE, OF THE POSITION SHALL BE DISCONTINUED.
(III) THAT ANY SUCH EMPLOYEES WHO ARE TEACHERS, TEACHING ASSISTANTS OR
TEACHER AIDES SHALL BE PLACED ON A PREFERRED ELIGIBLE LIST OF CANDIDATES
FOR APPOINTMENT TO A VACANCY THAT MAY THEREAFTER OCCUR IN AN OFFICE OR
POSITION UNDER THE JURISDICTION OF THE PARTICIPATING SCHOOL DISTRICT IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-FIVE HUNDRED TEN OR
THREE THOUSAND THIRTEEN OF THIS CHAPTER.
(IV) THAT FOR ANY SUCH TEACHER, TEACHING ASSISTANT OR TEACHER AIDE WHO
IS RETAINED BY THE GOVERNING BOARD, FOR SALARY, SICK LEAVE AND ANY OTHER
PURPOSES, THE LENGTH OF SERVICE CREDITED IN SUCH PARTICIPATING SCHOOL
DISTRICT PRIOR TO ITS PARTICIPATION IN THE REGIONAL SECONDARY SCHOOL
SHALL BE CREDITED AS EMPLOYMENT TIME WITH THE DESIGNATED GOVERNING
BOARD.
(V) THAT UPON TERMINATION OF THE PROPOSED CONTRACT PURSUANT TO THIS
SECTION AND THE RETURN OF STUDENTS FROM THE REGIONAL SECONDARY SCHOOL TO
THE FORMER PARTICIPATING SCHOOL DISTRICT, THE TEACHERS, TEACHING ASSIST-
ANTS AND TEACHER AIDES EMPLOYED BY THE GOVERNING BOARD TO SERVE IN THE
REGIONAL SECONDARY SCHOOL SHALL HAVE THE SAME EMPLOYMENT RIGHTS IN THE
PARTICIPATING SCHOOL DISTRICTS AS TEACHERS WOULD HAVE UPON TAKEOVER OF A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES PROGRAM BY SUCH SCHOOL
DISTRICTS PURSUANT TO SECTION THREE THOUSAND FOURTEEN-B OF THIS CHAPTER.
(VI) THAT ALL SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY
EMPLOYEES, AND NON-INSTRUCTIONAL EMPLOYEES OF THE PARTICIPATING SCHOOL
DISTRICTS, WHOSE SERVICES IN THE PARTICIPATING SCHOOL DISTRICTS ARE NO
LONGER NEEDED BECAUSE OF THE ESTABLISHMENT OF A REGIONAL SECONDARY
SCHOOL, OR THE TRANSFER OF STUDENTS TO AN EXISTING REGIONAL SECONDARY
SCHOOL, OR AS A RESULT OF A NEW PARTICIPATING SCHOOL DISTRICT JOINING
THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME EMPLOYEES OF THE
GOVERNING BOARD DESIGNATED IN THE PROPOSED CONTRACT, AND SHALL HAVE
EMPLOYMENT RIGHTS IDENTICAL TO TEACHERS, TEACHING ASSISTANTS OR TEACHER
AIDES PROVIDED IN THIS SECTION AND THE EXISTING RELEVANT SECTIONS OF
THIS CHAPTER.
L. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCESS FOR DEVELOPMENT OF
THE BUDGET FOR THE REGIONAL SECONDARY SCHOOL BY THE DESIGNATED GOVERNING
BOARD AND HOW OPERATING AND ADMINISTRATIVE COSTS AND THE LOCAL SHARE OF
S. 4206 30
CAPITAL EXPENSES ATTRIBUTABLE TO THE REGIONAL SECONDARY SCHOOL WILL BE
ALLOCATED AMONGST THE PARTICIPATING DISTRICTS.
M. THE PROPOSED CONTRACT SHALL SPECIFY THE COSTS OF THE REGIONAL
SECONDARY SCHOOL, STAFFING, CURRENT AND FUTURE CAPITAL CONSTRUCTION
PLANS AND FOR THE DELIVERY OF SPECIAL EDUCATION PROGRAMS.
N. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCEDURES FOR DISCIPLINE
OF STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL, INCLUDING THE
APPLICABLE CODE OF CONDUCT PROVIDED THAT SUCH CODE OF CONDUCT MEETS THE
REQUIREMENTS OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER AND
PROCEDURES FOR SUPERINTENDENTS' HEARINGS AND APPEALS TO THE BOARD OF
EDUCATION PURSUANT TO SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAP-
TER.
O. THE PROPOSED CONTRACT SHALL SPECIFY THE COSTS OF THE OPERATION OF
THE REGIONAL SECONDARY SCHOOL FOR EACH PARTICIPATING SCHOOL DISTRICT AND
AN ITEMIZED LISTING OF THE COST SAVINGS FOR EACH PARTICIPATING SCHOOL
DISTRICT.
P. THE PROPOSED CONTRACT SHALL SPECIFY HOW EXTRA-CURRICULAR ACTIVITIES
AND INTERSCHOLASTIC ATHLETICS WILL BE PROVIDED TO STUDENTS OF THE
REGIONAL SECONDARY SCHOOL.
Q. THE PROPOSED CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF THE
REGIONAL SECONDARY SCHOOL INCLUDING EXPECTED STATE AID AND EXPECTED
CHANGES IN EXPENDITURES AND PROPERTY TAX LEVIES.
R. THE PROPOSED CONTRACT SHALL SPECIFY WHETHER THE EMPLOYEES OF THE
REGIONAL SECONDARY SCHOOL SHALL ESTABLISH NEW EMPLOYEE ORGANIZATIONS,
PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, FOR THEIR REPRE-
SENTATION, OR, WHERE APPLICABLE, WHETHER THEY SHALL BECOME MEMBERS OF
THE APPLICABLE EMPLOYEE ORGANIZATIONS REPRESENTING THE EMPLOYEES OF THE
HOSTING DISTRICT.
S. THE PROPOSED CONTRACT SHALL SET FORTH ANY OTHER INFORMATION OR
ANALYSIS AS MAY BE REQUIRED BY THE REGULATIONS OF THE COMMISSIONER.
14. IF THE COMMISSIONER APPROVES THE PROPOSED CONTRACT, THE REGIONAL
SECONDARY SCHOOL SHALL BE ESTABLISHED. THE CONTRACT, SO APPROVED, SHALL
BE FOR A PERIOD OF AT LEAST FIVE AND NOT MORE THAN SEVEN SCHOOL YEARS
AND, UPON THE APPROVAL OF THE COMMISSIONER, MAY BE RENEWED PURSUANT TO
MUTUAL AGREEMENT BY MEANS OF A MAJORITY VOTE OF EACH OF THE BOARDS OF
EDUCATION OF THE PARTICIPATING DISTRICTS. THE REGIONAL SECONDARY SCHOOL
SHALL COMMENCE OPERATIONS ON THE FIRST OF JULY, AND SHALL NOT CEASE
OPERATIONS BEFORE THE THIRTIETH OF JUNE IN ANY SCHOOL YEAR.
S 1922. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES. 1. A REGIONAL SECONDARY
SCHOOL MAY BE ESTABLISHED PURSUANT TO THIS SECTION.
2. A REGIONAL SECONDARY SCHOOL MAY BE ESTABLISHED BY TWO OR MORE
ELIGIBLE SCHOOL DISTRICTS.
3. THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL SHALL BE SUBJECT
TO THE APPROVAL OF THE COMMISSIONER, IN A MANNER AND TIME FRAME, AS SET
FORTH WITHIN THIS SECTION.
4. A REGIONAL SECONDARY SCHOOL SHALL BE WHOLLY CONTAINED WITHIN THE
SUPERVISORY DISTRICT OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES
OPERATING THE REGIONAL SECONDARY SCHOOL.
5. A REGIONAL SECONDARY SCHOOL SHALL SERVE ALL OR SOME OF THE STUDENTS
IN EACH OF THE PARTICIPATING DISTRICTS IN GRADES OF A SECONDARY SCHOOL
AS DETERMINED BY THE AGREEMENT BETWEEN THE PARTICIPATING DISTRICTS.
6. UPON THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL, EACH PARTIC-
IPATING DISTRICT SHALL CEASE OPERATION OF AT LEAST ONE SECONDARY SCHOOL,
EXCEPT THAT THE HOSTING DISTRICT MAY CONTINUE TO OPERATE A SECONDARY
S. 4206 31
SCHOOL AS A REGIONAL SECONDARY SCHOOL, PURSUANT TO THE CONDITIONS OF
THIS ARTICLE.
7. PURSUANT TO THIS SECTION, THE REGIONAL SECONDARY SCHOOL OPERATED BY
A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, SHALL HAVE SUCH BOARD OF
COOPERATIVE EDUCATIONAL SERVICES ASSUME THE RESPONSIBILITY TO OPERATE,
SUPERVISE AND MAINTAIN THE REGIONAL SECONDARY SCHOOL AND THE ADMINIS-
TRATION OF SUCH REGIONAL SECONDARY SCHOOL.
8. A. TO ESTABLISH A REGIONAL SECONDARY SCHOOL, TWO OR MORE PARTIC-
IPATING SCHOOL DISTRICTS MUST INITIALLY ADOPT, BY MAJORITY VOTE OF THE
BOARD OF EDUCATION OF EACH PARTICIPATING DISTRICT, A RESOLUTION PROPOS-
ING THE ESTABLISHMENT OF THE REGIONAL SECONDARY SCHOOL.
B. THE RESOLUTION TO ESTABLISH A REGIONAL SECONDARY SCHOOL SHALL INDI-
CATE:
(I) THE PROPOSED PARTICIPATING SCHOOL DISTRICTS;
(II) THAT THE REGIONAL SECONDARY SCHOOL SHALL BE OPERATED BY A BOARD
OF COOPERATIVE EDUCATIONAL SERVICES;
(III) A LISTING OF THE GRADES THAT WOULD BE INCLUDED IN THE REGIONAL
SECONDARY SCHOOL;
(IV) THE PROPOSED LOCATION OF THE REGIONAL SECONDARY SCHOOL;
(V) THE PROPOSED TERM OF THE CONTRACT GOVERNING THE REGIONAL SECONDARY
SCHOOL.
C. THE RESOLUTION TO ESTABLISH THE REGIONAL SECONDARY SCHOOL SHALL BE
VOTED ON BY EACH BOARD AT A MEETING HELD NO LATER THAN OCTOBER FIRST OF
THE SCHOOL YEAR PRIOR TO THE SCHOOL YEAR IN WHICH THE REGIONAL SECONDARY
SCHOOL IS PROPOSED TO COMMENCE OPERATION.
9. A. IF TWO OR MORE SCHOOL DISTRICTS ADOPT SUCH A RESOLUTION AS
PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION, THE RESOLUTION SHALL BE
PRESENTED IN A REGIONAL REFERENDUM BY MEANS OF A REGIONAL VOTE, BEFORE
THE ELECTORS OF ALL OF THE PROPOSED PARTICIPATING DISTRICTS.
B. APPROVAL OF THE REGIONAL REFERENDUM SHALL BE UPON A MAJORITY VOTE
OF THE PARTICIPATING ELECTORS IN THE REGION ENCOMPASSING ALL OF THE
PROPOSED PARTICIPATING DISTRICTS.
C. IN THE EVENT THE VOTERS DO NOT APPROVE THE REGIONAL REFERENDUM, IT
MAY BE PRESENTED FOR A RE-VOTE, BUT IN NO EVENT MAY MORE THAN TWO VOTES
BE HELD IN ANY SCHOOL YEAR.
10. UPON THE APPROVAL OF THE VOTERS IN THE REGIONAL REFERENDUM,
PRESENTED PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPAT-
ING SCHOOL DISTRICTS SHALL COLLECTIVELY ENTER INTO A PROPOSED CONTRACT
FOR THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL.
11. WITH THE CONSENT OF EACH OF THE PARTICIPATING BOARDS OF EDUCATION,
AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES OPERATING THE REGIONAL
SECONDARY SCHOOL, AND UPON THE APPROVAL OF THE COMMISSIONER, ADDITIONAL
SCHOOL DISTRICTS, OTHERWISE ELIGIBLE TO ESTABLISH THE REGIONAL SECONDARY
SCHOOL OPERATED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, MAY JOIN
THE REGIONAL SECONDARY SCHOOL IN THE SECOND OR A SUBSEQUENT YEAR OF
OPERATION, BY ADOPTING A BOARD RESOLUTION AND OBTAINING VOTER APPROVAL
UPON A MAJORITY VOTE OF THE ELECTORS OF SUCH ADDITIONAL DISTRICT.
12. A. UPON RECEIPT OF VOTER APPROVAL IN THE REGIONAL REFERENDUM HELD
PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPATING SCHOOL
DISTRICTS SHALL ADOPT, BY A MAJORITY VOTE OF THE BOARDS OF EDUCATION OF
EACH PARTICIPATING SCHOOL DISTRICT, A PROPOSED CONTRACT FOR THE OPERA-
TION OF THE REGIONAL SECONDARY SCHOOL.
B. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY
SCHOOL SHALL INCLUDE THE PLAN OF FORMATION AND OPERATION OF THE REGIONAL
SECONDARY SCHOOL AND SHALL BE SUBMITTED TO THE COMMISSIONER FOR HIS OR
HER APPROVAL, IN A TIME AND MANNER PRESCRIBED BY THE COMMISSIONER.
S. 4206 32
C. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY
SCHOOL SHALL BE AN INTER-MUNICIPAL SHARING AGREEMENT PURSUANT TO ARTICLE
FIVE-G OF THE GENERAL MUNICIPAL LAW THAT COMPLIES WITH THE REQUIREMENTS
OF THIS SECTION.
13. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY
SCHOOL, AND THE REGIONAL SECONDARY SCHOOL THAT WOULD BE ESTABLISHED
THEREUNDER, SHALL MEET THE FOLLOWING REQUIREMENTS:
A. THE PROPOSED CONTRACT SHALL PROVIDE THE NAME OF THE REGIONAL
SECONDARY SCHOOL, WHICH SHALL BE SUBJECT TO THE COMMISSIONER'S APPROVAL;
B. THE TERM OF THE PROPOSED CONTRACT SHALL BE SPECIFIED THEREIN, AND
SHALL BE FOR A TERM NOT LESS THAN FIVE NOR MORE THAN SEVEN SCHOOL YEARS;
C. THE PROPOSED CONTRACT SHALL ESTABLISH:
(I) THAT THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS THE GOVERN-
ING BOARD OF THE REGIONAL SECONDARY SCHOOL, WILL OPERATE THE REGIONAL
SECONDARY SCHOOL ON BEHALF OF ALL PARTICIPATING DISTRICTS;
(II) THAT THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS THE GOVERN-
ING BOARD OF THE REGIONAL SECONDARY SCHOOL, SHALL HAVE RESPONSIBILITY
FOR THE OPERATION, SUPERVISION AND MAINTENANCE OF THE REGIONAL SECONDARY
SCHOOL AND SHALL BE RESPONSIBLE FOR THE ADMINISTRATION OF THE SCHOOL,
INCLUDING THE CURRICULUM, GRADING, STAFFING AND THE ISSUANCE OF DIPLOMAS
FOR ALL STUDENTS THAT ATTEND THE REGIONAL SECONDARY SCHOOL, AS SHALL BE
DESIGNATED IN THE PROPOSED CONTRACT; AND
(III) THAT THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS THE
GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL SHALL BE DEEMED A
SCHOOL DISTRICT FOR ACCOUNTABILITY PURPOSES.
D. THE PROPOSED CONTRACT MAY PROVIDE THAT THE STUDENT'S SCHOOL
DISTRICT OF RESIDENCE MAY ISSUE THE STUDENT'S DIPLOMA, UPON CERTIF-
ICATION BY THE GOVERNING BOARD THAT ALL GRADUATION REQUIREMENTS OF THE
REGIONAL SECONDARY SCHOOL HAVE BEEN MET;
E. THE PROPOSED CONTRACT SHALL DESIGNATE THE GRADES OF INSTRUCTION
INTENDED TO BE SERVED BY THE REGIONAL SECONDARY SCHOOL;
F. THE PROPOSED CONTRACT SHALL DESIGNATE THE SITE OF THE REGIONAL
SECONDARY SCHOOL, WHICH SHALL BE WITHIN THE BOUNDARIES OF ONE OF THE
PARTICIPATING DISTRICTS, AND WHERE POSSIBLE, SHOULD USE EXISTING BUILD-
INGS AND/OR INFRASTRUCTURE;
G. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
PROPOSED CONTRACT SHALL PROVIDE THAT EACH PARTICIPATING SCHOOL DISTRICT
SHALL BE RESPONSIBLE FOR PROVIDING OR ARRANGING FOR TRANSPORTATION TO
ITS RESIDENT STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL IN ACCORD-
ANCE WITH ITS SCHOOL DISTRICT POLICY, BUT WITHOUT REGARD TO ANY MAXIMUM
MILEAGE LIMITATION;
H. THE PROPOSED CONTRACT MAY PROVIDE THAT STUDENT TRANSPORTATION MAY
BE PROVIDED BY CONTRACT FOR TRANSPORTATION SERVICES, INCLUDING BUT NOT
LIMITED TO A CONTRACT WITH ONE OR MORE PARTICIPATING DISTRICTS OR A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES;
I. THE PROPOSED CONTRACT SHALL SPECIFY:
(I) THAT THE STUDENTS OF EACH PARTICIPATING SCHOOL DISTRICT SHALL
REMAIN ENROLLED AS STUDENTS OF THEIR RESPECTIVE PARTICIPATING SCHOOL
DISTRICTS;
(II) THAT THE STUDENTS SHALL BE TREATED AND COUNTED AS STUDENTS OF
THEIR RESPECTIVE PARTICIPATING SCHOOL DISTRICTS FOR PURPOSES OF ALL
STATE AID CALCULATIONS PURSUANT TO THIS CHAPTER;
(III) THE CURRENT ENROLLMENT OF ALL PARTICIPATING SCHOOL DISTRICTS;
AND
(IV) THE PROJECTED TOTAL ENROLLMENT NUMBERS OF THE REGIONAL SECONDARY
SCHOOL.
S. 4206 33
J. THE PROPOSED CONTRACT MUST DEMONSTRATE HOW THE REGIONAL SECONDARY
SCHOOL WILL PROVIDE INCREASED EDUCATIONAL OPPORTUNITIES FOR STUDENTS,
INCLUDING COURSES AND PROGRAMS IN SCIENCE, TECHNOLOGY, ENGINEERING AND
MATH, TO PREPARE STUDENTS FOR COLLEGE AND CAREER READINESS AND IMPROVE
STUDENT PERFORMANCE;
K. THAT EMPLOYMENT ISSUES OF THE REGIONAL SECONDARY SCHOOL SHALL BE
RESOLVED AS FOLLOWS:
(I) THAT ALL TEACHERS, TEACHING ASSISTANTS AND TEACHER AIDES OF THE
PARTICIPATING SCHOOL DISTRICTS, WHOSE SERVICES IN THE PARTICIPATING
SCHOOL DISTRICTS ARE NO LONGER NEEDED BECAUSE OF THE ESTABLISHMENT OF A
REGIONAL SECONDARY SCHOOL, OR THE TRANSFER OF STUDENTS TO AN EXISTING
REGIONAL SECONDARY SCHOOL, OR AS A RESULT OF A NEW PARTICIPATING SCHOOL
DISTRICT JOINING THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME
EMPLOYEES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES DESIGNATED IN
THE PROPOSED CONTRACT, AND SHALL RETAIN THEIR TENURE AND/OR EMPLOYMENT
STATUS AND THE SENIORITY GAINED IN THE PARTICIPATING DISTRICT;
(II) THAT IN THE EVENT THAT THE NUMBER OF TEACHING, TEACHING ASSISTANT
OR TEACHER AIDE POSITIONS NEEDED TO PROVIDE THE EDUCATIONAL SERVICES
REQUIRED BY A REGIONAL SECONDARY SCHOOL IS LESS THAN THE NUMBER OF
TEACHERS, TEACHING ASSISTANTS AND TEACHER AIDES ELIGIBLE TO BE CONSID-
ERED EMPLOYEES OF THE DESIGNATED GOVERNING BOARD OF SUCH REGIONAL
SECONDARY SCHOOL, THE SERVICES OF THE TEACHERS, TEACHING ASSISTANTS AND
TEACHER AIDES HAVING THE LEAST SENIORITY IN THE PARTICIPATING SCHOOL
DISTRICT WITHIN THE TENURE AREA OR CIVIL SERVICE STATUS, AS THE CASE MAY
BE, OF THE POSITION SHALL BE DISCONTINUED;
(III) THAT ANY SUCH EMPLOYEES WHO ARE TEACHERS, TEACHING ASSISTANTS OR
TEACHER AIDES SHALL BE PLACED ON A PREFERRED ELIGIBLE LIST OF CANDIDATES
FOR APPOINTMENT TO A VACANCY THAT MAY THEREAFTER OCCUR IN AN OFFICE OR
POSITION UNDER THE JURISDICTION OF THE PARTICIPATING SCHOOL DISTRICT IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-FIVE HUNDRED TEN OR
THREE THOUSAND THIRTEEN OF THIS CHAPTER;
(IV) THAT FOR ANY SUCH TEACHER, TEACHING ASSISTANT OR TEACHER AIDE WHO
IS RETAINED BY THE GOVERNING BOARD, FOR SALARY, SICK LEAVE AND ANY OTHER
PURPOSES, THE LENGTH OF SERVICE CREDITED IN SUCH PARTICIPATING SCHOOL
DISTRICT PRIOR TO ITS PARTICIPATION IN THE REGIONAL SECONDARY SCHOOL
SHALL BE CREDITED AS EMPLOYMENT TIME WITH THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES;
(V) THAT UPON TERMINATION OF THE PROPOSED CONTRACT PURSUANT TO THIS
SECTION AND THE RETURN OF STUDENTS FROM THE REGIONAL SECONDARY SCHOOL TO
THE FORMER PARTICIPATING SCHOOL DISTRICT, THE TEACHERS, TEACHING ASSIST-
ANTS, AND TEACHER AIDES EMPLOYED BY THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES TO SERVE IN THE REGIONAL SECONDARY SCHOOL SHALL HAVE THE SAME
EMPLOYMENT RIGHTS IN THE PARTICIPATING SCHOOL DISTRICTS AS TEACHERS
WOULD HAVE UPON TAKEOVER OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES
PROGRAM BY SUCH SCHOOL DISTRICTS PURSUANT TO SECTION THREE THOUSAND
FOURTEEN-B OF THIS CHAPTER; AND
(VI) THAT ALL SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY
EMPLOYEES, AND NON-INSTRUCTIONAL EMPLOYEES OF THE PARTICIPATING SCHOOL
DISTRICTS, WHOSE SERVICES IN THE PARTICIPATING SCHOOL DISTRICTS ARE NO
LONGER NEEDED BECAUSE OF THE ESTABLISHMENT OF A REGIONAL SECONDARY
SCHOOL, OR THE TRANSFER OF STUDENTS IN AN EXISTING REGIONAL SECONDARY
SCHOOL, OR AS A RESULT OF A NEW PARTICIPATING SCHOOL DISTRICT JOINING
THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME EMPLOYEES OF THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES DESIGNATED IN THE PROPOSED
CONTRACT, AND SHALL HAVE EMPLOYMENT RIGHTS IDENTICAL TO TEACHERS, TEACH-
S. 4206 34
ING ASSISTANTS OR TEACHER AIDES PROVIDED IN THIS SECTION AND THE EXIST-
ING RELEVANT SECTIONS OF THIS CHAPTER.
L. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCESS FOR DEVELOPMENT OF
THE BUDGET FOR THE REGIONAL SECONDARY SCHOOL BY THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES AND HOW OPERATING AND ADMINISTRATIVE COSTS AND THE
LOCAL SHARE OF CAPITAL EXPENSES ATTRIBUTABLE TO THE REGIONAL SECONDARY
SCHOOL WILL BE ALLOCATED AMONGST THE PARTICIPATING DISTRICTS;
M. THE PROPOSED CONTRACT SHALL SPECIFY THE COSTS OF THE REGIONAL
SECONDARY SCHOOL, STAFFING, CURRENT AND FUTURE CAPITAL CONSTRUCTION
PLANS AND FOR THE DELIVERY OF SPECIAL EDUCATION PROGRAMS;
N. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCEDURES FOR DISCIPLINE
OF STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL, INCLUDING THE
APPLICABLE CODE OF CONDUCT PROVIDED THAT SUCH CODE OF CONDUCT MEETS THE
REQUIREMENTS OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER AND
PROCEDURES FOR SUPERINTENDENTS' HEARINGS AND APPEALS TO THE BOARD OF
EDUCATION PURSUANT TO SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAP-
TER;
O. THE PROPOSED CONTRACT SHALL SPECIFY THE COSTS OF THE OPERATION OF
THE REGIONAL SECONDARY SCHOOL FOR EACH PARTICIPATING SCHOOL DISTRICT AND
AN ITEMIZED LISTING OF THE COST SAVINGS FOR EACH PARTICIPATING SCHOOL
DISTRICT;
P. THE PROPOSED CONTRACT SHALL SPECIFY HOW EXTRACURRICULAR ACTIVITIES
AND INTERSCHOLASTIC ATHLETICS WILL BE PROVIDED TO STUDENTS OF THE
REGIONAL SECONDARY SCHOOL;
Q. THE PROPOSED CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF THE
REGIONAL SECONDARY SCHOOL INCLUDING EXPECTED STATE AID AND EXPECTED
CHANGES IN EXPENDITURES AND PROPERTY TAX LEVIES;
R. THE PROPOSED CONTRACT SHALL SPECIFY WHETHER THE EMPLOYEES OF THE
REGIONAL SECONDARY SCHOOL SHALL ESTABLISH NEW EMPLOYEE ORGANIZATIONS,
PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, FOR THEIR REPRE-
SENTATION, OR, WHERE APPLICABLE, WHETHER THEY SHALL BECOME MEMBERS OF
THE APPLICABLE EMPLOYEE ORGANIZATIONS REPRESENTING THE EMPLOYEES OF THE
HOSTING DISTRICT; AND
S. THE PROPOSED CONTRACT SHALL SET FORTH ANY OTHER INFORMATION OR
ANALYSIS AS MAY BE REQUIRED BY THE REGULATIONS OF THE COMMISSIONER.
14. IF THE COMMISSIONER APPROVES THE PROPOSED CONTRACT, THE REGIONAL
SECONDARY SCHOOL SHALL BE ESTABLISHED. THE CONTRACT, SO APPROVED, SHALL
BE FOR A PERIOD OF AT LEAST FIVE AND NOT MORE THAN SEVEN SCHOOL YEARS
AND, UPON THE APPROVAL OF THE COMMISSIONER, MAY BE RENEWED PURSUANT TO
MUTUAL AGREEMENT BY MEANS OF A MAJORITY VOTE OF EACH OF THE BOARDS OF
EDUCATION OF THE PARTICIPATING DISTRICTS AND THE SUPERVISORY DISTRICT OF
THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES. THE REGIONAL SECONDARY
SCHOOL SHALL COMMENCE OPERATIONS ON THE FIRST OF JULY, AND SHALL NOT
CEASE OPERATIONS BEFORE THE THIRTIETH OF JUNE IN ANY SCHOOL YEAR.
S 1923. STATE AID FOR REGIONAL SECONDARY SCHOOLS. 1. STUDENTS ATTEND-
ING A REGIONAL SECONDARY SCHOOL SHALL BE DEEMED ENROLLED IN THEIR SCHOOL
DISTRICT OF RESIDENCE AND SHALL BE INCLUDED IN THE APPLICABLE MEMBER-
SHIP, ENROLLMENT AND ATTENDANCE COUNTS OF THEIR RESPECTIVE SCHOOL
DISTRICTS OF RESIDENCE FOR PURPOSES OF COMPUTATION OF STATE AID TO SUCH
SCHOOL DISTRICTS. THE COSTS OF EDUCATING EACH SUCH STUDENT SHALL BE
INCLUDED IN THE APPROVED OPERATING EXPENSE OF THE STUDENT'S SCHOOL
DISTRICT OF RESIDENCE AND EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION,
THE STATE AID ATTRIBUTABLE TO SUCH STUDENT SHALL BE COMPUTED IN THE SAME
MANNER AS AID ATTRIBUTABLE TO OTHER RESIDENT STUDENTS AND SHALL BE PAYA-
BLE TO THE SCHOOL DISTRICT OF RESIDENCE.
S. 4206 35
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
SCHOOL DISTRICT THAT OWNS THE FACILITY USED TO HOUSE THE REGIONAL
SECONDARY SCHOOL SHALL BE THE ONLY SCHOOL DISTRICT ELIGIBLE FOR BUILDING
AID PURSUANT TO THE APPLICABLE PROVISIONS OF SUBDIVISION SIX, SIX-A,
SIX-C, SIX-E OR SIX-F OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER
FOR PROJECTS INVOLVING THE REGIONAL SECONDARY SCHOOL THAT ARE APPROVED
BY THE QUALIFIED VOTERS OF SUCH DISTRICT AFTER ESTABLISHMENT OF THE
REGIONAL SECONDARY SCHOOL, PROVIDED THAT SUCH AID SHALL BE COMPUTED
USING THE BUILDING AID RATIO APPLICABLE TO PROJECTS OF THE SCHOOL
DISTRICT THAT OWNS THE REGIONAL SECONDARY SCHOOL FACILITY UNDER THE
PROVISIONS OF PARAGRAPHS B AND C OF SUBDIVISION SIX OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS CHAPTER. SUCH AID SHALL BE PAID TO SUCH
SCHOOL DISTRICT OR TO THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES ON
BEHALF OF SUCH SCHOOL DISTRICT WHERE THE BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES OPERATES THE REGIONAL SECONDARY SCHOOL. THE SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ALLOCATE THE
LOCAL SHARE OF THE COSTS OF SUCH PROJECTS TO THE PARTICIPATING SCHOOL
DISTRICTS IN ACCORDANCE WITH ITS CONTRACT ENTERED INTO PURSUANT TO
SECTION NINETEEN HUNDRED TWENTY-ONE OR NINETEEN HUNDRED TWENTY-TWO OF
THIS ARTICLE. THE COSTS OF SUCH PROJECTS SHALL NOT BE ELIGIBLE FOR AID
PURSUANT TO SUBDIVISION SIX-B OR PARAGRAPH C OF SUBDIVISION FOURTEEN OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
3. NOTWITHSTANDING ANY PROVISION OF SECTION NINETEEN HUNDRED FIFTY OR
NINETEEN HUNDRED FIFTY-ONE OF THIS TITLE TO THE CONTRARY, IN THE CASE OF
A REGIONAL SECONDARY SCHOOL OPERATED BY A BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES THAT IS HOUSED IN A FACILITY OWNED BY A PARTICIPATING
SCHOOL DISTRICT, THE CAPITAL EXPENSES FOR BUILDING PROJECTS INVOLVING
THE REGIONAL SECONDARY SCHOOL SHALL BE A CHARGE UPON THE PARTICIPATING
SCHOOL DISTRICTS ONLY, AND SUCH COSTS SHALL NOT BE ALLOCATED TO OTHER
COMPONENT SCHOOL DISTRICTS. SUCH CAPITAL EXPENSES SHALL NOT BE ELIGIBLE
FOR AID PURSUANT TO SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY
OF THIS TITLE. PROVIDED, HOWEVER, THAT COSTS OF AIDABLE SHARED SERVICES
PROVIDED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO SUPPLEMENT
THE PROGRAMS OF THE REGIONAL SECONDARY SCHOOL SHALL BE ELIGIBLE FOR AID
PURSUANT TO SUCH SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY, THE
ADMINISTRATIVE EXPENSES ATTRIBUTABLE TO THE REGIONAL SECONDARY SCHOOL
AND THE CAPITAL EXPENSES ATTRIBUTABLE TO A REGIONAL SECONDARY SCHOOL
HOUSED IN A FACILITY OWNED BY THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL BE ALLOCATED TO COMPONENT SCHOOL DISTRICTS IN ACCORDANCE
WITH SECTION NINETEEN HUNDRED FIFTY OR NINETEEN HUNDRED FIFTY-ONE OF
THIS TITLE AND SHALL BE ELIGIBLE FOR AID PURSUANT TO SUCH SUBDIVISION
FIVE OF SECTION NINETEEN HUNDRED FIFTY.
4. THE BOARD OF EDUCATION OF EACH SCHOOL DISTRICT PARTICIPATING IN A
REGIONAL SECONDARY SCHOOL PURSUANT TO THIS ARTICLE SHALL BE ELIGIBLE FOR
ADDITIONAL STATE AID IN ACCORDANCE WITH PARAGRAPH K OF SUBDIVISION FOUR-
TEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
S 1924. REGIONAL SECONDARY SCHOOL ADVISORY COMMITTEE. 1. EACH REGIONAL
SECONDARY SCHOOL ESTABLISHED AND OPERATED PURSUANT TO THIS ARTICLE SHALL
ESTABLISH AN ADVISORY COMMITTEE. THE ADVISORY COMMITTEE SHALL BE
COMPOSED OF THE PRESIDENT OF THE BOARD OF EDUCATION OF EACH PARTICIPAT-
ING SCHOOL DISTRICT, THE PRESIDENT OF THE BOARD OF EDUCATION OF EACH
SUPERVISORY BOARD OF COOPERATIVE EDUCATIONAL SERVICES, WHERE APPLICABLE,
AND THE SUPERINTENDENT OF EACH PARTICIPATING SCHOOL DISTRICT AND THE
SUPERINTENDENT OF THE SUPERVISORY DISTRICT IN WHICH THE REGIONAL SECOND-
ARY SCHOOL IS LOCATED. THE SUPERINTENDENT OF THE SUPERVISORY DISTRICT
SHALL BE THE CHAIR OF THE ADVISORY COMMITTEE.
S. 4206 36
2. THE ADVISORY COMMITTEE SHALL CONVENE, AT THE CALL OF THE CHAIR, NOT
LESS THAN FOUR TIMES DURING EACH SCHOOL YEAR DURING WHICH THE REGIONAL
SECONDARY SCHOOL OPERATES. DURING SUCH MEETINGS, THE ADVISORY COMMITTEE
SHALL REVIEW THE OPERATION OF THE REGIONAL SECONDARY SCHOOL AND MAKE
RECOMMENDATIONS TO THE HOSTING DISTRICT OR THE SUPERVISORY BOARD OF
COOPERATIVE EDUCATIONAL SERVICES, AS THE CASE MAY BE, ON THE CONTINUED
OPERATION OF SUCH SECONDARY SCHOOL.
S 2. Subdivision 4 of section 1950 of the education law is amended by
adding a new paragraph oo to read as follows:
OO. PURSUANT TO ARTICLE THIRTY-NINE-A OF THIS TITLE, A BOARD OF COOP-
ERATIVE EDUCATIONAL SERVICES MAY ENTER INTO AN AGREEMENT WITH TWO OR
MORE SCHOOL DISTRICTS ELIGIBLE TO ENTER INTO SUCH AN AGREEMENT IN
ACCORDANCE WITH SECTION NINETEEN HUNDRED TWENTY-TWO OF THIS TITLE, WHICH
MAY INCLUDE CITY SCHOOL DISTRICTS, CENTRAL SCHOOL DISTRICTS, CENTRAL
HIGH SCHOOL DISTRICTS, UNION FREE SCHOOL DISTRICTS, AND/OR COMMON SCHOOL
DISTRICTS WHICH ARE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT OF
THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES, TO FORM A REGIONAL
SECONDARY SCHOOL TO BE OPERATED BY THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL HAVE THE
SAME POWERS AND DUTIES WITH RESPECT TO SUCH REGIONAL SECONDARY SCHOOL AS
THE BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT HAS WITH RESPECT
TO ITS SCHOOLS, CONSISTENT WITH THE TERMS OF ITS AGREEMENT WITH THE
PARTICIPATING SCHOOL DISTRICTS.
S 3. Paragraph h of subdivision 4 of section 1950 of the education law
is amended by adding three new subparagraphs 12, 13 and 14 to read as
follows:
(12) TO ENTER INTO CONTRACTS AS NECESSARY OR CONVENIENT TO OPERATE A
REGIONAL SECONDARY SCHOOL AS ESTABLISHED PURSUANT TO THE PROVISIONS OF
SECTION NINETEEN HUNDRED TWENTY-ONE OF THIS TITLE.
(13) TO DEVELOP CORE CURRICULUM FOR STUDENTS ATTENDING A REGIONAL
SECONDARY SCHOOL ESTABLISHED PURSUANT TO THE PROVISIONS OF SECTION NINE-
TEEN HUNDRED TWENTY-TWO OF THIS TITLE.
(14) TO ISSUE REGENTS AND OTHER HIGH SCHOOL DIPLOMAS TO STUDENTS WHO
GRADUATE FROM A REGIONAL SECONDARY SCHOOL ESTABLISHED PURSUANT TO THE
PROVISIONS OF SECTION NINETEEN HUNDRED TWENTY-ONE OF THIS TITLE, UNDER
THE SAME CONDITIONS AS A SCHOOL DISTRICT.
S 4. Paragraph b of subdivision 4 of section 1950 of the education law
is amended by adding a new subparagraph 8 to read as follows:
(8) FOR REGIONAL SECONDARY SCHOOLS ESTABLISHED PURSUANT TO SECTION
NINETEEN HUNDRED TWENTY-TWO OF THIS TITLE, THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES SHALL PREPARE AND PROPOSE A TENTATIVE BUDGET OF
EXPENDITURES FOR PROGRAM, ADMINISTRATIVE AND CAPITAL COSTS TO OPERATE
THE REGIONAL SECONDARY SCHOOL IN THE ENSUING SCHOOL YEAR. SUCH PROPOSED
BUDGET SHALL BE PROVIDED TO THE BOARD OF EDUCATION OF EACH PARTICIPATING
SCHOOL DISTRICT OF THE REGIONAL SECONDARY SCHOOL, BY THE DATE PROVIDED
IN THE AGREEMENT ENTERED INTO PURSUANT TO SUCH SECTION NINETEEN HUNDRED
TWENTY-TWO. THE BOARD OF EDUCATION OF EACH PARTICIPATING SCHOOL DISTRICT
SHALL BE AFFORDED AN OPPORTUNITY TO REVIEW AND COMMENT ON THE PROPOSED
BUDGET PRIOR TO ITS FINAL ADOPTION BY THE BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES.
S 5. Subdivision 14 of section 3602 of the education law is amended by
adding a new paragraph k to read as follows:
K. TRANSITION INCENTIVE AID FOR REGIONAL SECONDARY SCHOOLS. (1)
NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS A THROUGH G OF THIS SUBDI-
VISION, FOR AID PAYABLE IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVEN-
TEEN SCHOOL YEAR OR THEREAFTER, SCHOOL DISTRICTS THAT ARE PARTIES TO AN
S. 4206 37
AGREEMENT TO ESTABLISH AND OPERATE A REGIONAL SECONDARY SCHOOL PURSUANT
TO ARTICLE THIRTY-NINE-A OF THIS CHAPTER ENTERED INTO ON OR AFTER JULY
FIRST, TWO THOUSAND FIFTEEN AND PARTICIPATED IN SUCH REGIONAL SECONDARY
SCHOOL IN THE BASE YEAR SHALL BE ELIGIBLE FOR TRANSITION INCENTIVE AID
PURSUANT TO THIS PARAGRAPH PROVIDED THAT THE FOLLOWING CONDITIONS ARE
MET:
(I) THE REGIONAL SECONDARY SCHOOL AGREEMENT INCLUDES AT LEAST TWO
SCHOOL DISTRICTS, EACH OF WHICH PREVIOUSLY MAINTAINED ITS OWN SECONDARY
SCHOOLS, AND HAS CEASED DISTRICT OPERATION OF AT LEAST ONE HIGH SCHOOL
OR JUNIOR HIGH SCHOOL FOLLOWING THE ESTABLISHMENT OF THE REGIONAL
SECONDARY SCHOOL, OR
(II) THE REGIONAL SECONDARY SCHOOL AGREEMENT INCLUDES AT LEAST ONE
SCHOOL DISTRICT WHICH PREVIOUSLY MAINTAINED ITS OWN HIGH SCHOOL OR
JUNIOR HIGH SCHOOL, AND DOES NOT MAINTAIN ITS OWN HIGH SCHOOL OR JUNIOR
HIGH SCHOOL FOLLOWING THE ESTABLISHMENT OF THE REGIONAL SECONDARY
SCHOOL, AND IN ADDITION THERETO, INCLUDES AT LEAST ONE ADDITIONAL SCHOOL
DISTRICT EMPLOYING EIGHT OR MORE TEACHERS THAT DO NOT MAINTAIN THEIR OWN
HIGH SCHOOL OR JUNIOR HIGH SCHOOL;
(2) IN EACH OF THE FIRST THIRTEEN YEARS IN WHICH A SCHOOL DISTRICT IS
PARTY TO SUCH AGREEMENT, SUCH DISTRICT SHALL BE ENTITLED TO AN APPOR-
TIONMENT EQUAL TO THE PRODUCT OF (I) THIRTY PERCENT OF THE APPORTIONMENT
COMPUTED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH D-1 OF THIS
SUBDIVISION, MULTIPLIED BY (II) THE QUOTIENT OF THE NUMBER OF PUPILS
WITHIN SUCH SCHOOL DISTRICT ATTENDING THE REGIONAL SECONDARY SCHOOL IN
THE BASE YEAR DIVIDED BY THE RESIDENT PUBLIC SCHOOL DISTRICT ENROLLMENT
OF SUCH SCHOOL DISTRICT WITHIN THE GRADES OF THE NEW REGIONAL SECONDARY
SCHOOL OR SCHOOLS; PROVIDED FURTHER THAT SUCH DISTRICTS SHALL BE ELIGI-
BLE TO RECEIVE AN ADDITIONAL APPORTIONMENT EQUAL TO THE PRODUCT OF (I)
TEN PERCENT OF THE APPORTIONMENT COMPUTED IN ACCORDANCE WITH THE
PROVISIONS OF PARAGRAPH D-1 OF THIS SUBDIVISION MULTIPLIED BY (II) THE
QUOTIENT OF THE NUMBER OF PUPILS WITHIN SUCH SCHOOL DISTRICT ATTENDING
THE REGIONAL SECONDARY SCHOOL IN THE BASE YEAR DIVIDED BY THE RESIDENT
PUBLIC SCHOOL DISTRICT ENROLLMENT OF SUCH SCHOOL DISTRICT WITHIN THE
GRADES OF THE NEW REGIONAL SECONDARY SCHOOL OR SCHOOLS UPON MEETING
ACADEMIC ACHIEVEMENT GOALS AS ESTABLISHED BY THE COMMISSIONER IN ACCORD-
ANCE WITH A METHODOLOGY PRESCRIBED IN THE REGULATIONS OF THE COMMISSION-
ER. IN NO CASE SHALL THE SUM OF SUCH APPORTIONMENTS UNDER THIS PARAGRAPH
PLUS THE SELECTED OPERATING AID PER PUPIL BE MORE THAN A TOTAL OF NINE-
TY-FIVE PER CENTUM OF THE YEAR PRIOR TO THE BASE YEAR APPROVED OPERATING
EXPENSE. SCHOOL DISTRICTS WHICH RECEIVE AN APPORTIONMENT UNDER THIS
PARAGRAPH SHALL NOT BE ELIGIBLE FOR AN APPORTIONMENT UNDER PARAGRAPH C,
F OR J OF THIS SUBDIVISION.
(3) THE APPORTIONMENT THAT A SCHOOL DISTRICT SHALL BE ENTITLED TO
RECEIVE PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH SHALL BE REDUCED,
AFTER THE THIRD YEAR IT HAS RECEIVED SUCH APPORTIONMENTS, BY THE AMOUNT
OF TEN PERCENT FOR EACH YEAR SUCH SCHOOL DISTRICT IS ENTITLED TO RECEIVE
SUCH APPORTIONMENT.
S 6. This act shall take effect July 1, 2015, provided that if this
act becomes a law after such date, it shall take effect immediately and
be deemed to have been in full force and effect on and after July 1,
2015.
PART B
Section 1. The education law is amended by adding a new section 210-a
to read as follows:
S. 4206 38
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
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
S. 4206 39
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.
3. AWARDS. AN APPLICANT WHOSE ANNUAL INCOME IS LESS THAN FIFTY THOU-
SAND DOLLARS SHALL BE ELIGIBLE TO RECEIVE AN AWARD EQUAL TO FIFTY
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, and shall
expire and be deemed repealed April 1, 2019.
PART D
Intentionally Omitted
PART E
Section 1. Short title. This act shall be known and may be cited as
the "education investment incentives act".
S 2. The tax law is amended by adding a new section 42 to read as
follows:
S 42. EDUCATION INVESTMENT TAX CREDIT. (A) DEFINITIONS. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE SAME DEFI-
NITION AS PROVIDED FOR IN ARTICLE TWENTY-FIVE OF THE EDUCATION LAW:
"AUTHORIZED CONTRIBUTION";
"CONTRIBUTION";
"EDUCATIONAL PROGRAM";
"EDUCATIONAL SCHOLARSHIP ORGANIZATION";
"ELIGIBLE PUPIL";
"LOCAL EDUCATION FUND";
"NONPUBLIC SCHOOL";
"PUBLIC EDUCATION ENTITY";
"PUBLIC SCHOOL";
"QUALIFIED CONTRIBUTION";
"QUALIFIED EDUCATOR";
"QUALIFIED SCHOOL";
"SCHOLARSHIP"; AND
"SCHOOL IMPROVEMENT ORGANIZATION".
(B) ALLOWANCE OF CREDIT. A TAXPAYER SUBJECT TO TAX UNDER ARTICLE
NINE-A OR TWENTY-TWO OF THIS CHAPTER SHALL BE ALLOWED CREDIT AGAINST
SUCH TAX, PURSUANT TO THE PROVISIONS REFERENCED IN SUBDIVISION (L) OF
THIS SECTION, WITH RESPECT TO QUALIFIED CONTRIBUTIONS MADE DURING THE
TAXABLE YEAR.
(C) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE NINETY PERCENT
OF THE TAXPAYER'S TOTAL QUALIFIED CONTRIBUTIONS, CAPPED AT ONE MILLION
DOLLARS. A TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A
S. 4206 40
LIMITED LIABILITY COMPANY OR SHAREHOLDER IN AN S CORPORATION SHALL BE
ALLOWED TO CLAIM ITS PRO RATA SHARE OF THE CREDIT EARNED BY THE PARTNER-
SHIP, LIMITED LIABILITY COMPANY OR S CORPORATION, PROVIDED THAT SUCH A
TAXPAYER SHALL NOT CLAIM CREDIT IN EXCESS OF THE LIMIT IMPOSED BY THE
PRECEDING SENTENCE.
(D) INFORMATION TO BE POSTED ON THE DEPARTMENT'S WEBSITE. THE COMMIS-
SIONER SHALL MAINTAIN ON THE DEPARTMENT'S WEBSITE A RUNNING TOTAL OF THE
AMOUNT OF AVAILABLE CREDIT FOR WHICH TAXPAYERS MAY APPLY PURSUANT TO
THIS SECTION. SUCH RUNNING TOTAL SHALL BE UPDATED ON A DAILY BASIS.
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.
(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 THIRTY-FIRST DAY OF JANUARY, THE COMMISSIONER
SHALL ACCEPT APPLICATIONS FOR CONTRIBUTION AUTHORIZATION CERTIFICATES.
COMMENCING AFTER THE FIFTH DAY OF FEBRUARY, 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 AUTHOR-
IZED 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 FEBRUARY FIRST AND
ENDS ON DECEMBER THIRTY-FIRST. DURING PHASE TWO 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. CONTRIBUTION AUTHORIZATION CERTIF-
ICATES FOR APPLICATIONS RECEIVED DURING PHASE ONE SHALL BE MAILED NO
LATER THAN THE TWENTIETH DAY OF FEBRUARY. CONTRIBUTION AUTHORIZATION
CERTIFICATES FOR APPLICATIONS RECEIVED DURING PHASE TWO SHALL BE MAILED
WITHIN FIVE DAYS OF RECEIPT OF SUCH APPLICATIONS.
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 CONTRIBUTION LISTED ON THE
CERTIFICATE MUST BE MADE, WHICH SHALL BE NO LATER THAN DECEMBER THIRTY-
FIRST OF THE YEAR FOR WHICH THE CONTRIBUTION AUTHORIZATION CERTIFICATE
WAS ISSUED, (III) THE AMOUNT OF AUTHORIZED CONTRIBUTION, (IV) THE
CERTIFICATE NUMBER, (V) THE TAXPAYER'S NAME AND ADDRESS, (VI) THE NAME
AND ADDRESS OF THE PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZA-
TION, LOCAL EDUCATION FUND OR EDUCATIONAL SCHOLARSHIP ORGANIZATION TO
S. 4206 41
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 THE ISSUANCE OF A CONTRIBUTION AUTHORIZATION CERTIF-
ICATE TO A TAXPAYER, THE COMMISSIONER SHALL NOTIFY THE PUBLIC EDUCATION
ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND OR EDUCA-
TIONAL SCHOLARSHIP ORGANIZATION OF THE ISSUANCE OF SUCH CONTRIBUTION
AUTHORIZATION CERTIFICATE. 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) THE CONTRIBUTION AUTHORIZATION CERTIF-
ICATE'S CERTIFICATE NUMBER, AND (VI) ANY OTHER INFORMATION 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 CONTRIBUTION 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
CONTRIBUTION 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 EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL,
WITHIN THIRTY DAYS OF RECEIPT OF THE AUTHORIZED CONTRIBUTION, ISSUE TO
THE TAXPAYER A CERTIFICATE OF RECEIPT; PROVIDED, HOWEVER, THAT IF THE
TAXPAYER CONTRIBUTES AN AMOUNT THAT IS LESS THAN THE AMOUNT LISTED ON
THE TAXPAYER'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, (VI) CERTIFICATE OF RECEIPT NUMBER AND
(VII) ANY OTHER INFORMATION THAT THE COMMISSIONER MAY DEEM 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.
S. 4206 42
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 (F) 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 THE DISCOV-
ERY OF THE FAILURE OF ANY PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT
PROGRAM, 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 PARA-
GRAPHS 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 PERIOD FOR COMPLIANCE SET
FORTH IN THE NOTICE PRESCRIBED BY THIS PARAGRAPH, THE COMMISSIONER SHALL
NOTIFY THE BOARD OF REGENTS AND 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 TO ALL TAXPAYERS FOR QUALIFIED CONTRIBUTIONS FOR CALENDAR YEAR
TWO THOUSAND SIXTEEN SHALL BE ONE HUNDRED FIFTY MILLION DOLLARS. IN
CALENDAR YEAR TWO THOUSAND SEVENTEEN, THE MAXIMUM PERMITTED CREDITS
UNDER THIS SECTION AVAILABLE TO ALL TAXPAYERS SHALL BE TWO HUNDRED TWEN-
TY-FIVE MILLION DOLLARS PLUS ANY AMOUNTS THAT ARE REQUIRED TO BE ADDED
TO THE CAP PURSUANT TO SUBDIVISION (I) OF THIS SECTION. FOR CALENDAR
YEAR TWO THOUSAND EIGHTEEN AND EACH CALENDAR YEAR THEREAFTER, THE MAXI-
MUM PERMITTED CREDITS AVAILABLE TO ALL TAXPAYERS SHALL BE THREE HUNDRED
MILLION DOLLARS PLUS ANY AMOUNTS THAT ARE REQUIRED TO BE ADDED TO THE
CAP PURSUANT TO SUBDIVISION (I) OF THIS SECTION. THE MAXIMUM PERMITTED
CREDITS UNDER THIS SECTION FOR QUALIFIED CONTRIBUTIONS SHALL BE ALLO-
CATED FIFTY PERCENT TO PUBLIC EDUCATION ENTITIES, SCHOOL IMPROVEMENT
ORGANIZATIONS, AND LOCAL EDUCATION FUNDS AND FIFTY PERCENT TO EDUCA-
TIONAL SCHOLARSHIP ORGANIZATIONS.
(I) ADDITIONS TO 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) REGULATIONS. THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE
AND ADOPT ON AN EMERGENCY BASIS REGULATIONS NECESSARY FOR THE IMPLEMEN-
TATION OF THIS SECTION.
ON OR BEFORE THE LAST DAY OF JUNE 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 ASSEM-
BLY WAYS AND MEANS COMMITTEE REGARDING THE EDUCATION INVESTMENT TAX
CREDIT. SUCH REPORT SHALL CONTAIN INFORMATION FOR ARTICLES NINE-A AND
TWENTY-TWO, RESPECTIVELY, REGARDING: (I) THE NUMBER OF APPLICATIONS
S. 4206 43
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
SCHOLARSHIP ORGANIZATIONS, RESPECTIVELY; (III) THE GEOGRAPHICAL DISTRIB-
UTION BY COUNTY OF (A) THE APPLICATIONS FOR CONTRIBUTION AUTHORIZATION
CERTIFICATES, DISTRIBUTION BY COUNTY OF (B) THE PUBLIC EDUCATION ENTI-
TIES, SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS, AND
EDUCATIONAL SCHOLARSHIP ORGANIZATIONS LISTED ON THE ISSUED CONTRIBUTION
AUTHORIZATION CERTIFICATES; AND (IV) INFORMATION, INCLUDING GEOGRAPHICAL
DISTRIBUTION BY COUNTY, OF THE NUMBER OF ELIGIBLE PUPILS THAT RECEIVED
SCHOLARSHIPS, THE NUMBER OF QUALIFIED SCHOOLS ATTENDED BY ELIGIBLE
PUPILS THAT RECEIVED SUCH SCHOLARSHIPS, AND THE AVERAGE VALUE OF SCHOL-
ARSHIPS RECEIVED BY SUCH ELIGIBLE PUPILS. THE COMMISSIONER AND DESIG-
NATED EMPLOYEES OF THE DEPARTMENT, THE BOARD OF REGENTS, THE COMMISSION-
ER OF EDUCATION AND DESIGNATED EMPLOYEES OF THE STATE EDUCATION
DEPARTMENT, SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE
INFORMATION REGARDING THE SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCA-
TION FUNDS AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS THAT APPLIED FOR
APPROVAL TO BE AUTHORIZED TO RECEIVE QUALIFIED CONTRIBUTIONS; AND THE
PUBLIC EDUCATION ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL
EDUCATION FUNDS, AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS AUTHORIZED TO
ISSUE CERTIFICATES OF RECEIPT, INCLUDING INFORMATION CONTAINED IN OR
DERIVED FROM APPLICATION FORMS AND REPORTS SUBMITTED TO THE EDUCATION
DEPARTMENT OR BOARD OF REGENTS.
(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 49;
2. ARTICLE 22: SECTION 606; SUBSECTIONS (I) AND (CCC).
S 3. 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 DEDUCTION ALLOWED PURSUANT TO SECTION ONE
HUNDRED SEVENTY OF THE INTERNAL REVENUE CODE FOR WHICH A CREDIT IS
CLAIMED PURSUANT TO SUBDIVISION FORTY-NINE OF SECTION TWO HUNDRED TEN-B
OF THIS ARTICLE.
S 4. Section 210-B of the tax law is amended by adding a new subdivi-
sion 49 to read as follows:
49. EDUCATION INVESTMENT 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 ARTI-
CLE.
(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 HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) OR (D) OF
SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF
THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDIVISION FOR QUALIFIED
CONTRIBUTIONS FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY
AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE CARRIED OVER
TO THE SUCCEEDING FIVE YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX
FOR SUCH YEAR OR YEARS.
S 5. 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 INVESTMENT AMOUNT OF CREDIT UNDER SUBDIVISION
TAX CREDIT UNDER SUBSECTION (CCC) FORTY-NINE OF SECTION TWO HUNDRED
TEN-B
S. 4206 44
S 6. Section 606 of the tax law is amended by adding two new
subsections (w) and (w-1) to read as follows:
(W) HOME-BASED INSTRUCTIONAL MATERIALS CREDIT. (1) FOR TAXABLE YEARS
BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, A TAXPAYER
SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR
THE PURCHASE OF INSTRUCTIONAL MATERIALS APPROVED BY THE EDUCATION
DEPARTMENT OR BOARD OF REGENTS FOR USE IN NON-PUBLIC HOME-BASED EDUCA-
TIONAL PROGRAMS; PROVIDED, THAT THE AMOUNT OF CREDIT CLAIMED DOES NOT
EXCEED THE LESSER OF TWO HUNDRED DOLLARS OR ONE HUNDRED PERCENT OF THE
COST OF SUCH PURCHASES MADE BY THE TAXPAYER DURING THE TAXABLE YEAR.
(2) A HUSBAND AND WIFE WHO FILE SEPARATE RETURNS FOR A TAXABLE YEAR IN
WHICH THEY COULD HAVE FILED A JOINT RETURN MAY EACH CLAIM ONLY ONE-HALF
OF THE TAX CREDIT THAT WOULD HAVE BEEN ALLOWED FOR A JOINT RETURN.
(3) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY
TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS
SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN
ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
(W-1) INSTRUCTIONAL MATERIALS AND SUPPLIES CREDIT. (1) FOR TAXABLE
YEARS BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, A
TAXPAYER SHALL BE ALLOWED A CREDIT EQUAL TO THE LESSER OF THE AMOUNT
PAID BY THE TAXPAYER DURING THE TAXABLE YEAR FOR INSTRUCTIONAL MATERIALS
AND SUPPLIES, OR TWO HUNDRED DOLLARS; PROVIDED THAT THE TAXPAYER IS A
TEACHER OR INSTRUCTOR IN A QUALIFIED SCHOOL, AS DEFINED IN SECTION
FORTY-TWO OF THIS CHAPTER, FOR AT LEAST NINE HUNDRED HOURS DURING A
SCHOOL YEAR. FOR PURPOSES OF THIS SUBSECTION, THE TERM "MATERIALS AND
SUPPLIES" MEANS INSTRUCTIONAL MATERIALS OR SUPPLIES THAT ARE USED IN THE
CLASSROOM IN ANY QUALIFIED SCHOOL.
(2) A HUSBAND AND WIFE WHO FILE SEPARATE RETURNS FOR A TAXABLE YEAR IN
WHICH THEY COULD HAVE FILED A JOINT RETURN MAY EACH CLAIM ONLY ONE-HALF
OF THE TAX CREDIT THAT WOULD HAVE BEEN ALLOWED FOR A JOINT RETURN.
(3) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY
TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS
SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN
ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
S 7. Section 606 of the tax law is amended by adding a new subsection
(ccc) to read as follows:
(CCC) EDUCATION INVESTMENT TAX CREDIT. (1) 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.
(2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
THIS SUBSECTION FOR ANY QUALIFIED CONTRIBUTIONS FOR ANY TAXABLE YEAR
EXCEEDS THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS MAY BE CARRIED OVER
TO THE SUCCEEDING FIVE YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX
FOR SUCH YEAR OR YEARS.
S 8. Subdivision (c) of section 615 of the tax law is amended by
adding a new paragraph 9 to read as follows:
(9) THE AMOUNT OF ANY FEDERAL DEDUCTION FOR CONTRIBUTIONS MADE FOR
WHICH A TAXPAYER CLAIMS A CREDIT UNDER SUBSECTION (CCC) OF SECTION SIX
HUNDRED SIX OF THIS ARTICLE.
S 9. The education law is amended by adding a new article 25 to read
as follows:
ARTICLE 25
EDUCATION INVESTMENT TAX CREDIT PROGRAM
SECTION 1209. SHORT TITLE.
S. 4206 45
1210. DEFINITIONS.
1211. APPROVAL TO ISSUE CERTIFICATES OF RECEIPT.
1212. APPLICATIONS FOR APPROVAL TO ISSUE CERTIFICATES OF
RECEIPT.
1213. APPLICATION APPROVAL.
1214. REVOCATION OF APPROVAL TO ISSUE CERTIFICATES OF RECEIPT.
1215. RECORDKEEPING.
1216. JOINT ANNUAL REPORT.
1217. COMMISSIONER; POWERS.
S 1209. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "EDUCATION INVESTMENT TAX CREDIT PROGRAM".
S 1210. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(1) "AUTHORIZED CONTRIBUTION" MEANS THE CONTRIBUTION AMOUNT LISTED ON
THE CONTRIBUTION AUTHORIZATION CERTIFICATE ISSUED TO A TAXPAYER.
(2) "CONTRIBUTION" MEANS A DONATION PAID BY CASH, CHECK, ELECTRONIC
FUNDS TRANSFER, DEBIT CARD OR CREDIT CARD MADE BY THE TAXPAYER DURING
THE TAX YEAR.
(3) "EDUCATIONAL PROGRAM" MEANS AN ACADEMIC PROGRAM OF A PUBLIC SCHOOL
THAT ENHANCES THE CURRICULUM, OR PROVIDES OR EXPANDS A PRE-KINDERGARTEN
PROGRAM OR AN AFTER-SCHOOL PROGRAM TO THE PUBLIC SCHOOL. FOR PURPOSES OF
THIS DEFINITION, THE INSTRUCTION, MATERIALS, PROGRAMS OR OTHER ACTIV-
ITIES 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 FAMILY AND CONSUMER SCIENCES;
LITERARY, PERFORMING AND VISUAL ARTS; MATHEMATICS, SOCIAL STUDIES, TECH-
NOLOGY AND SCIENTIFIC ACHIEVEMENT; (B) INSTRUCTION OR PROGRAMMING TO
MEET THE EDUCATION NEEDS OF AT-RISK STUDENTS OR STUDENTS WITH DISABILI-
TIES, INCLUDING TUTORING OR COUNSELING; OR (C) USE OF SPECIALIZED
INSTRUCTIONAL MATERIALS, INSTRUCTORS OR INSTRUCTION NOT PROVIDED BY A
PUBLIC SCHOOL.
(4) "EDUCATIONAL SCHOLARSHIP 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) COMMITS FOR THE EXPENDITURE OF AT LEAST NINETY PERCENT OF THE REVEN-
UE FROM QUALIFIED CONTRIBUTIONS RECEIVED DURING THE CALENDAR YEAR AND
ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS FOR SCHOLARSHIPS, (C)
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, AND (D) PROVIDES SCHOLARSHIPS TO ELIGIBLE
PUPILS FOR USE AT NO FEWER THAN THREE QUALIFIED SCHOOLS.
(5) "ELIGIBLE PUPIL" MEANS A CHILD WHO (A) IS A RESIDENT OF THIS
STATE, (B) IS 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 THEY ARE ENROLLED IN A
PRE-KINDERGARTEN PROGRAM, (C) ATTENDS OR IS ABOUT TO ATTEND A QUALIFIED
SCHOOL, AND (D) RESIDES IN A HOUSEHOLD THAT HAS A FEDERAL ADJUSTED GROSS
INCOME OF FIVE HUNDRED 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 IN EXCESS
OF TWO, NOT TO EXCEED FIVE HUNDRED FIFTY 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 AN EDUCATIONAL PROGRAM IN AT LEAST ONE PUBLIC
S. 4206 46
SCHOOL, OR PUBLIC SCHOOL DISTRICT, (C) USES AT LEAST NINETY PERCENT OF
THE QUALIFIED CONTRIBUTIONS RECEIVED DURING THE CALENDAR YEAR AND ANY
INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS TO SUPPORT THE PUBLIC SCHOOL
OR SCHOOLS OR PUBLIC SCHOOL DISTRICT OR DISTRICTS THAT SUCH FUND HAS
BEEN ESTABLISHED TO SUPPORT, AND (D) DEPOSITS AND HOLDS QUALIFIED
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.
(7) "NONPUBLIC SCHOOL" MEANS ANY NOT-FOR-PROFIT PRE-KINDERGARTEN
PROGRAM OR ELEMENTARY, SECONDARY SECTARIAN OR NONSECTARIAN SCHOOL
LOCATED IN THIS STATE, OTHER THAN A PUBLIC SCHOOL, THAT IS PROVIDING
INSTRUCTION AT ONE OR MORE LOCATIONS TO A STUDENT IN ACCORDANCE WITH
SUBDIVISION TWO OF SECTION THIRTY-TWO HUNDRED FOUR OF THIS CHAPTER.
(8) "PUBLIC EDUCATION ENTITY" MEANS A PUBLIC SCHOOL OR A PUBLIC SCHOOL
DISTRICT, PROVIDED THAT SUCH PUBLIC SCHOOL, OR PUBLIC SCHOOL DISTRICT
DEPOSITS AND HOLDS QUALIFIED CONTRIBUTIONS AND ANY INCOME DERIVED FROM
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 IS APPROVED
TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTICLE.
(9) "PUBLIC SCHOOL" MEANS ANY FREE ELEMENTARY OR SECONDARY SCHOOL IN
THIS STATE GUARANTEED BY ARTICLE ELEVEN OF THE CONSTITUTION OR CHARTER
SCHOOL AUTHORIZED BY ARTICLE FIFTY-SIX OF THIS CHAPTER.
(10) "QUALIFIED CONTRIBUTION" MEANS THE AUTHORIZED CONTRIBUTION MADE
BY A TAXPAYER TO THE PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGAN-
IZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION
THAT IS LISTED ON THE CONTRIBUTION AUTHORIZATION CERTIFICATE ISSUED TO
THE TAXPAYER AND FOR WHICH THE TAXPAYER HAS RECEIVED A CERTIFICATE OF
RECEIPT FROM SUCH ENTITY, FUND, OR ORGANIZATION.
(11) "QUALIFIED EDUCATOR" MEANS AN INDIVIDUAL WHO IS A TEACHER OR
INSTRUCTOR IN A QUALIFIED SCHOOL FOR AT LEAST NINE HUNDRED HOURS DURING
A SCHOOL YEAR.
(12) "QUALIFIED SCHOOL" MEANS A PUBLIC SCHOOL OR NONPUBLIC SCHOOL.
(13) "SCHOLARSHIP" MEANS AN EDUCATIONAL SCHOLARSHIP WHICH PROVIDES A
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 RECEIVED BY SUCH ELIGIBLE PUPIL
OR HIS OR HER PARENT, PARENTS OR GUARDIAN FOR SUCH ELIGIBLE PUPIL'S
TUITION; PROVIDED, HOWEVER, IN THE CASE OF AN ELIGIBLE PUPIL ATTENDING A
PUBLIC SCHOOL IN A PUBLIC SCHOOL DISTRICT OF WHICH SUCH PUPIL IS NOT A
RESIDENT, THE AMOUNT OF THE EDUCATIONAL SCHOLARSHIP 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
LESS ANY OTHER EDUCATIONAL SCHOLARSHIP RECEIVED BY SUCH ELIGIBLE PUPIL
OR HIS OR HER PARENT, PARENTS OR GUARDIAN FOR SUCH ELIGIBLE PUPIL'S
TUITION, BUT ONLY IF THE PUBLIC SCHOOL DISTRICT OF WHICH SUCH PUPIL IS A
RESIDENT IS NOT REQUIRED TO PAY FOR SUCH TUITION.
(14) "SCHOOL IMPROVEMENT ORGANIZATION" MEANS A NOT-FOR-PROFIT ENTITY
WHICH (I) IS EXEMPT FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION
(C) OF SECTION FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE, (II) USES
AT LEAST NINETY PERCENT OF THE QUALIFIED CONTRIBUTIONS RECEIVED DURING
THE CALENDAR YEAR AND ANY INCOME DERIVED FROM SUCH QUALIFIED CONTRIB-
UTIONS 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
S. 4206 47
CONJUNCTION WITH, ONE OR MORE PUBLIC SCHOOLS OR PUBLIC SCHOOL DISTRICTS
LOCATED IN THIS STATE, (III) DEPOSITS AND HOLDS QUALIFIED CONTRIBUTIONS
AND ANY INCOME DERIVED FROM SUCH 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 (IV)
IS APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTICLE.
SUCH ENTITY MAY ALLOW THE TAXPAYER TO CHOOSE TO DONATE TO A PROGRAM,
PROJECT OR INITIATIVE IDENTIFIED BY A QUALIFIED EDUCATOR 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 PROVIDED,
THAT A PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT SHALL NOT BE APPROVED IF
EITHER (A) THE 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 QUALIFIED CONTRIBUTIONS
OR INCOME ARE WITHDRAWN FOR USE, OR (B) THE BOARD OF REGENTS 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 BOARD
OF REGENTS FOR APPROVAL TO ISSUE CERTIFICATES OF RECEIPT IN THE FORM AND
MANNER PRESCRIBED BY THE BOARD; PROVIDED THAT SUCH APPLICATION SHALL
INCLUDE: (1) SUBMISSION OF DOCUMENTATION THAT SUCH SCHOOL IMPROVEMENT
ORGANIZATION, LOCAL EDUCATION FUND OR EDUCATIONAL SCHOLARSHIP ORGANIZA-
TION HAS BEEN GRANTED EXEMPTION FROM TAXATION UNDER PARAGRAPH THREE OF
SUBSECTION (C) OF SECTION FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE;
(2) THE MOST RECENT ANNUAL FINANCIAL AUDIT, WHICH SHALL BE COMPLETED BY
AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT AND A LIST OF NAMES AND
ADDRESSES OF ALL MEMBERS OF THE GOVERNING BOARD OF THE SCHOOL IMPROVE-
MENT ORGANIZATION, LOCAL EDUCATION FUND OR EDUCATIONAL SCHOLARSHIP
ORGANIZATION; AND (3) AN EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL
PROVIDE CRITERIA FOR THE AWARDING OF SCHOLARSHIPS TO ELIGIBLE STUDENTS.
THE BOARD OF REGENTS, COMMISSIONER OR DEPARTMENT SHALL NOT REQUIRE ANY
OTHER INFORMATION FOR SUCH APPLICATION EXCEPT AS AUTHORIZED IN THIS
ARTICLE OR BY SECTION FORTY-ONE OF THE TAX LAW.
S 1213. APPLICATION APPROVAL. THE BOARD OF REGENTS SHALL REVIEW EACH
APPLICATION TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTICLE.
APPROVAL OR DENIAL OF AN APPLICATION SHALL BE MADE AT THE NEXT SCHEDULED
MEETING OF THE BOARD OF REGENTS THAT FOLLOWS THE RECEIPT OF SUCH APPLI-
CATION, BUT NOT LATER THAN THE NEXT MEETING THEREAFTER.
S 1214. REVOCATION OF APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. THE
BOARD OF REGENTS, 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
S. 4206 48
VIOLATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY OF THE FOLLOWING:
(1) FAILURE TO MEET THE REQUIREMENTS OF THIS ARTICLE OR SECTION
FORTY-TWO OF THE TAX LAW, (2) THE FAILURE TO MAINTAIN FULL AND ADEQUATE
RECORDS WITH RESPECT TO THE RECEIPT OF QUALIFIED CONTRIBUTIONS, (3) THE
FAILURE TO SUPPLY SUCH RECORDS TO THE COMMISSIONER, DEPARTMENT OF TAXA-
TION AND FINANCE OR BOARD OF REGENTS WHEN REQUESTED BY THE DEPARTMENT OR
BOARD, OR (4) THE FAILURE TO PROVIDE NOTICE TO THE DEPARTMENT OF TAXA-
TION AND FINANCE OF THE ISSUANCE OR NONISSUANCE OF CERTIFICATES OF
RECEIPT PURSUANT TO SECTION FORTY-TWO OF THE TAX LAW; PROVIDED HOWEVER,
THAT THE BOARD OF REGENTS SHALL NOT REVOKE APPROVAL PURSUANT TO THIS
SECTION BASED UPON A VIOLATION OF THE TAX LAW UNLESS THE COMMISSIONER OF
TAXATION AND FINANCE AGREES THAT REVOCATION IS WARRANTED; AND PROVIDED
FURTHER THAT THE BOARD SHALL NOT REVOKE APPROVAL PURSUANT TO THIS
SECTION WHEN THE FAILURE TO COMPLY IS DUE TO CLERICAL ERROR AND NOT
NEGLIGENCE OR INTENTIONAL DISREGARD FOR THE LAW. WITHIN FIVE DAYS OF THE
DETERMINATION REVOKING APPROVAL, THE BOARD SHALL PROVIDE NOTICE OF SUCH
REVOCATION TO THE EDUCATIONAL SCHOLARSHIP ORGANIZATION, SCHOOL IMPROVE-
MENT ORGANIZATION, LOCAL EDUCATION FUND, PUBLIC SCHOOL, OR PUBLIC SCHOOL
DISTRICT AND TO THE DEPARTMENT OF TAXATION AND FINANCE.
S 1215. RECORDKEEPING. EACH SCHOOL IMPROVEMENT ORGANIZATION, EDUCA-
TIONAL SCHOLARSHIP 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
DEPARTMENT OF TAXATION AND FINANCE, (B) NOTIFICATIONS MADE TO THE
DEPARTMENT OF TAXATION AND FINANCE, (C) COPIES OF QUALIFIED CONTRIB-
UTIONS RECEIVED, (D) COPIES OF THE DEPOSIT OF SUCH QUALIFIED CONTRIB-
UTIONS, (E) COPIES OF ISSUED CERTIFICATES OF RECEIPT, (F) ANNUAL FINAN-
CIAL 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 BOARD OF REGENTS, AND (H) ANY
OTHER INFORMATION AS PRESCRIBED BY REGULATION PROMULGATED BY THE COMMIS-
SIONER OR RULE PROMULGATED BY THE BOARD OF REGENTS.
S 1216. JOINT ANNUAL REPORT. ON OR BEFORE THE LAST DAY OF JUNE FOR
EACH CALENDAR YEAR, THE COMMISSIONER OF TAXATION AND FINANCE AND THE
COMMISSIONER, JOINTLY, SHALL SUBMIT A WRITTEN REPORT AS PROVIDED IN
SUBDIVISION (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 10. 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. 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, CONTRIBUTIONS AND OTHER FUNDS, AND ANY INCOME DERIVED THERE-
FROM, SHALL BE DISREGARDED FOR THE PURPOSES OF ALL APPORTIONMENTS,
COMPUTATIONS, AND DETERMINATIONS OF STATE AID.
S 11. 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
S. 4206 49
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 12. This act shall take effect immediately and shall apply to taxa-
ble years beginning after December 31, 2015.
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 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
S. 4206 50
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-
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-
S. 4206 51
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
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
S. 4206 52
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
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
S. 4206 53
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
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:
S. 4206 54
"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
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-
S. 4206 55
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
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
S. 4206 56
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
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
S. 4206 57
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
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
S. 4206 58
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
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
S. 4206 59
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-
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.
S. 4206 60
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 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,
S. 4206 61
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
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-
S. 4206 62
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
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
S. 4206 63
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
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,
S. 4206 64
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
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
S. 4206 65
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-
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,
S. 4206 66
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
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
S. 4206 67
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,
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
S. 4206 68
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
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-
S. 4206 69
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
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,
S. 4206 70
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
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.
S. 4206 71
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.
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
S. 4206 72
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.
(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.
S. 4206 73
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;
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
S. 4206 74
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;
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.
S. 4206 75
(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.
(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-
S. 4206 76
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
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
S. 4206 77
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
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.
S. 4206 78
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
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,
S. 4206 79
sixty-four hundred forty-one, sixty-four hundred forty-three, sixty-four
hundred forty-five and sixty-four hundred forty-six of article 129-B of
the education law, as added by section one of this act, shall take
effect on the one hundred eightieth day after it shall have become a
law; sections sixty-four hundred forty-two and sixty-four hundred
forty-seven of article 129-B of the education 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-four of article
129-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
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]
S. 4206 80
$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.
(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.
(III) ON AND AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, FOR AN ELIGI-
BLE INDIVIDUAL RECEIVING ENHANCED RESIDENTIAL CARE, $1579; AND (IV) FOR
AN ELIGIBLE COUPLE RECEIVING ENHANCED RESIDENTIAL CARE, TWO TIMES THE
AMOUNT SET FORTH IN SUBPARAGRAPH (III) 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
Intentionally Omitted
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. 4206 81
S 3. Section 456 of the social services law is amended by adding a new
subdivision 3 to read as follows:
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR A
CHILD WHO HAS BEEN PLACED FOR ADOPTION BY A VOLUNTARY AUTHORIZED AGENCY
WITH GUARDIANSHIP AND CUSTODY OR CARE AND CUSTODY OF SUCH CHILD, AS
REFERENCED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTY-ONE OF THIS
TITLE, PAYMENTS AVAILABLE UNDER SECTION FOUR HUNDRED FIFTY-THREE, FOUR
HUNDRED FIFTY-THREE-A OR FOUR HUNDRED FIFTY-FOUR OF THIS TITLE SHALL BE
MADE BY THE STATE PURSUANT TO A WRITTEN AGREEMENT BETWEEN AN OFFICIAL OF
THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE PERSONS WHO APPLIED
FOR SUCH PAYMENTS PRIOR TO ADOPTION. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
NOT ENTER INTO WRITTEN AGREEMENTS FOR, OR ISSUE, ANY SUCH PAYMENTS IN
INSTANCES WHERE THE PERSON OR PERSONS APPLYING FOR SUCH PAYMENTS RESIDE
OUTSIDE OF THE STATE OF NEW YORK AT THE TIME THE APPLICATION FOR SUCH
PAYMENTS IS MADE.
S 4. This act shall take effect July 1, 2015 and shall only apply to
applications for payments under sections 453, 453-a or 454 of the social
services law that are made on or after such effective date; provided,
however, that effective immediately the commissioner of the office of
children and family services is authorized and directed to promulgate
such rules and regulations as he or she deems necessary to implement the
provisions of this act on or before its effective date.
PART L
Section 1. Section 458-a of the social services law is amended by
adding three new subdivisions 6, 7 and 8 to read as follows:
6. "SUCCESSOR GUARDIAN" SHALL MEAN A PERSON OR PERSONS NAMED IN THE
AGREEMENT IN EFFECT BETWEEN THE RELATIVE GUARDIAN AND SOCIAL SERVICES
OFFICIAL FOR KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS PURSUANT TO THIS
TITLE 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.
S. 4206 82
(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-
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
S. 4206 83
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
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.
S. 4206 84
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
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
S. 4206 85
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:
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)
S. 4206 86
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:
(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
S. 4206 87
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
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
S. 4206 88
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
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-
S. 4206 89
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
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:
S. 4206 90
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 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
S. 4206 91
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.
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
S. 4206 92
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
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
S. 4206 93
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
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
Intentionally Omitted
PART O
Intentionally Omitted
PART P
S. 4206 94
Section 1. Subdivision 3 of section 204 of the labor law, as amended
by section 2 of part A of chapter 57 of the laws of 2004, is amended to
read as follows:
3. Fees. A fee of two hundred dollars shall be charged the owner or
lessee of each boiler internally inspected and seventy-five dollars for
each boiler externally inspected by the commissioner, provided however,
that the external inspection of multiple boilers connected to a common
header or of separate systems owned or leased by the same party and
located in the same building, with a combined input which is 300,000
BTU/hour or less, shall be charged a single inspection fee, and further
provided that, not more than two hundred seventy-five dollars shall be
charged for the inspection of any one boiler for any year; except that
[in the case] NO FEE SHALL BE CHARGED FOR INTERNAL OR EXTERNAL
INSPECTIONS BY THE COMMISSIONER of an antique steam engine maintained as
a hobby and displayed at agricultural fairs and other gatherings[, a fee
of twenty-five dollars only shall be charged the owner or lessee thereof
for each boiler internally inspected by the commissioner and a fee of
twenty-five dollars only shall be charged for each boiler externally
inspected by the commissioner, but not more than fifty dollars shall be
charged for the inspection of any one such boiler for any year, and
except that in the case] OR of a miniature boiler [a fee of fifty
dollars only shall be charged for the inspection of any one such boiler
for any year. Such fee shall be payable within thirty days after
inspection].
S 2. Subdivision 1 of section 212-b of the labor law, as amended by
section 6 of part A of chapter 57 of the laws of 2004, is amended to
read as follows:
1. No person shall operate a farm labor camp commissary, or cause or
allow the operation of a farm labor camp commissary, without a permit
from the commissioner to do so, and unless such permit is in full force
and effect. Application for such permit shall be made on a form
prescribed by the commissioner [and shall be accompanied by a non-re-
fundable fee of forty dollars].
S 3. Subdivision 1 of section 74 of chapter 784 of the laws of 1951,
constituting the New York state defense emergency act, as amended by
section 12 of part A of chapter 57 of the laws of 2004, is amended to
read as follows:
1. Employers in defense work may make applications for dispensation
pursuant to this article in such manner and upon such forms as the
commissioner of labor shall prescribe. [Each application shall be
accompanied by a non-refundable fee of forty dollars payable to the
commissioner.] The commissioner of labor may, after hearing upon due
notice, revoke dispensations not necessary to maintain maximum possible
production in defense work.
S 4. Subdivision 5 of section 161 of the labor law, as amended by
section 1 of part A of chapter 57 of the laws of 2004, is amended to
read as follows:
5. If there shall be practical difficulties or unnecessary hardship in
carrying out the provisions of this section or the rules promulgated
hereunder, the commissioner may make a variation therefrom if the spirit
of the act be observed and substantial justice done. Such variation
shall describe the conditions under which it shall be permitted and
shall apply to substantially similar conditions. A properly indexed
record of variations shall be kept by the department. [Each application
for a variation shall be accompanied by a non-refundable fee of forty
dollars.]
S. 4206 95
S 5. Paragraph b of subdivision 4 of section 212-a of the labor law,
as amended by section 5 of part A of chapter 57 of the laws of 2004, is
amended to read as follows:
b. The application for such registration shall be made on a form
prescribed by the commissioner, shall contain information on wages,
working conditions, housing, and on such other matters as the commis-
sioner may prescribe [and shall be accompanied by a non-refundable fee
of forty dollars]. Copies of the application, or summaries thereof
containing the above information, shall be made available by the commis-
sioner to the registrant, and the registrant shall give a copy to each
worker, preferably at the time of recruitment, but in no event later
than the time of arrival in this state. A copy shall also be kept posted
at all times in a conspicuous place in any camp in which such workers
are housed.
S 6. Paragraph b of subdivision 2 of section 212-a of the labor law,
as amended by section 4 of part A of chapter 57 of the laws of 2004, is
amended to read as follows:
b. The application for such certificate of registration shall be made
on a form prescribed by the commissioner, shall contain information on
wages, working conditions, housing and on such other matters as the
commissioner may prescribe [and shall be accompanied by a non-refundable
fee of two hundred dollars]. It shall be countersigned by each grower or
processor who utilizes the services of such farm labor contractor, as
provided in subdivision three of this section. Copies of the applica-
tion, or summaries thereof containing the above information, shall be
made available by the commissioner to the registrant, and the registrant
shall give a copy to each worker, preferably at the time of recruitment,
but in no event later than the time of arrival in this state if the
worker comes from outside of the state, or the time of commencement of
work if the worker does not come from outside of the state. A copy shall
also be kept posted at all times in a conspicuous place in any camp in
which such workers are housed. Each applicant shall submit his OR HER
fingerprints with his OR HER application for a certificate of registra-
tion. Such fingerprints shall be submitted to the division of criminal
justice services for a state criminal history record check, as defined
in subdivision one of section three thousand thirty-five of the educa-
tion law, and may be submitted to the federal bureau of investigation
for a national criminal history record check.
S 7. Subdivision 2 of section 352 of the labor law is REPEALED.
S 8. Subdivisions 5 and 6 of section 919 of the labor law, as added by
chapter 565 of the laws of 2002, are amended to read as follows:
5. A professional employer organization shall be exempt from the
registration requirements specified in this section [and from the fees
specified in section nine hundred twenty of this article] if such
professional employer organization:
(a) submits a properly executed request for registration and exemption
on a form provided by the department;
(b) is domiciled outside this state and is licensed or registered as a
professional employer organization in another state that has the same or
greater requirements as this article;
(c) does not maintain an office in this state or solicit in any manner
clients located or domiciled within this state; and
(d) does not have more than twenty-five worksite employees in this
state.
6. The registration and exemption of a professional employer organiza-
tion under subdivision five of this section shall be valid for one year.
S. 4206 96
[Each de minimis registrant shall pay to the department upon initial
registration, and upon each annual renewal thereafter, a registration
fee in the amount of two hundred fifty dollars.]
S 9. Section 920 of the labor law is REPEALED.
S 10. Subdivision 4 of section 134 of the workers' compensation law,
as amended by chapter 6 of the laws of 2007, is amended to read as
follows:
4. Employers required to participate in the workplace safety and loss
prevention program established by this section shall be permitted to
utilize the services of either the department of labor, or a private
safety and loss consultant which has been certified by the department of
labor [and has paid the appropriate certification fee prescribed by
rules and regulations promulgated under this section]. Private safety
and loss consultants may charge employers a fee for their services[, and
where employers elect to have the services provided by the department of
labor, they shall pay for such services in accordance with fee schedules
established by the department of labor's rules and regulations].
S 11. Subdivision 5 of section 134 of the workers' compensation law is
REPEALED.
S 12. Subdivision 10 of section 134 of the workers' compensation law,
as amended by chapter 6 of the laws of 2007 and as further amended by
section 104 of part A of chapter 62 of the laws of 2011, is amended to
read as follows:
10. The commissioner of labor, in consultation with the superintendent
of financial services, shall promulgate rules and regulations for the
certification of safety and loss management specialists. Such rules and
regulations shall include provisions that outline the minimum qualifica-
tions for safety and loss management specialists, procedures for certif-
ication, causes for revocation or suspension of certification and appro-
priate administrative and judicial review procedures, AND violations and
penalties for misuse of certification by certified safety and loss
management specialists[, and fees for certificate and certificate
renewal].
S 13. Subdivision 2 of section 345-a of the labor law, as added by
chapter 503 of the laws of 1998, is amended to read as follows:
2. For the purposes of this section, the exercise of reasonable care
or diligence by a manufacturer or contractor shall be presumed if, prior
to the execution of such contract or subcontract, and annually thereaft-
er, such manufacturer or contractor receives from the department written
assurance of compliance with section three hundred forty-one of this
article. [The department may charge a reasonable fee for providing such
assurance to a manufacturer or contractor.]
S 14. Subdivisions 6 and 7 of section 819 of the labor law are
REPEALED and subdivision 5, as amended by chapter 319 of the laws of
2004, is amended to read as follows:
5. The entity possesses a tag issued by the department with an iden-
tification number affixed and identifying each machine[;].
S 15. Section 204-a of the labor law is REPEALED.
S 16. This act shall take effect immediately.
PART Q
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
S. 4206 97
BY DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, PROVIDING THAT STUDENTS
ENROLLED IN AN ACADEMIC PROGRAM OF THE STATE UNIVERSITY OF NEW YORK
BEGINNING WITH THE TWO THOUSAND SIXTEEN-TWO THOUSAND SEVENTEEN FRESHMAN
CLASS, SHALL BE REQUIRED TO PARTICIPATE IN AN APPROVED EXPERIENTIAL OR
APPLIED LEARNING ACTIVITY WHICH MAY INCLUDE, BUT NOT BE LIMITED TO,
STUDY ABROAD PROGRAMS, COMMUNITY SERVICE, AN ORIGINAL RESEARCH PROJECT,
PUBLICATION OF AN ORIGINAL LITERARY WORK, PARTICIPATION IN STUDENT
GOVERNMENT, OR A LEADERSHIP PROGRAM AS A DEGREE REQUIREMENT. SUCH RESOL-
UTION SHALL DEFINE APPROVED EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES,
METHODS OF FACULTY OVERSIGHT AND ASSESSMENT, RESPONSIBILITIES OF BUSI-
NESS, CORPORATE, NON-PROFIT OR OTHER ENTITIES HOSTING STUDENTS, AND A
PLAN FOR FULL IMPLEMENTATION OF THIS REQUIREMENT, AND A PLAN FOR THE
COLLECTION OF DATA, BEGINNING IN THE FALL OF TWO THOUSAND SIXTEEN AND
THEREAFTER, REGARDING THIS REQUIREMENT IN ORDER TO ANALYZE THE AVAIL-
ABILITY OF SUCH EXPERIENTIAL LEARNING OPPORTUNITIES AND THE EFFECTIVE-
NESS THEREOF, PRIOR TO THE FULL IMPLEMENTATION OF THIS REQUIREMENT FOR
ALL STUDENTS. PROVIDED FURTHER, THAT SUCH RESOLUTION SHALL INCLUDE
PROVISIONS RELATING TO EXEMPTIONS FROM THIS REQUIREMENT IN CERTAIN
CIRCUMSTANCES. THE TRUSTEES SHALL CONSIDER THE FOLLOWING WHEN DETERMIN-
ING EXEMPTIONS: (I) WHETHER A STUDENT ALREADY WORKS A FULL-TIME OR
PART-TIME JOB DURING THE SEMESTER; (II) WHETHER THE STUDENT IS A
NON-TRADITIONAL STUDENT WHO HAS OBTAINED PRIOR WORK EXPERIENCE; (III)
WHETHER THIS REQUIREMENT WILL HINDER THE TIMELY GRADUATION OF SUCH
STUDENT; (IV) WHETHER AN APPROPRIATE OPPORTUNITY TO OBTAIN SUCH EXPER-
IENTIAL OR APPLIED LEARNING ACTIVITY EXISTS DEPENDING ON THE NATURE OF
SUCH STUDENT'S DEGREE AND LOCATION OF THE CAMPUS; AND (V) ANY OTHER
FACTOR THE TRUSTEES WISH TO CONSIDER.
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
BEGINNING WITH THE TWO THOUSAND SIXTEEN-TWO THOUSAND SEVENTEEN FRESHMAN
CLASS, SHALL BE REQUIRED TO PARTICIPATE IN AN APPROVED EXPERIENTIAL OR
APPLIED LEARNING ACTIVITY WHICH MAY INCLUDE, BUT NOT BE LIMITED TO,
STUDY ABROAD PROGRAMS, COMMUNITY SERVICE, AN ORIGINAL RESEARCH PROJECT,
PUBLICATION OF AN ORIGINAL LITERARY WORK, PARTICIPATION IN STUDENT
GOVERNMENT, OR A LEADERSHIP PROGRAM AS A DEGREE REQUIREMENT. SUCH
RESOLUTION SHALL DEFINE APPROVED EXPERIENTIAL OR APPLIED LEARNING ACTIV-
ITIES, METHODS OF FACULTY OVERSIGHT AND ASSESSMENT, RESPONSIBILITIES OF
BUSINESS, CORPORATE, NON-PROFIT OR OTHER ENTITIES HOSTING STUDENTS, AND
A PLAN FOR FULL IMPLEMENTATION OF THIS REQUIREMENT, AND A PLAN FOR THE
COLLECTION OF DATA, BEGINNING IN THE FALL OF TWO THOUSAND SIXTEEN AND
THEREAFTER, REGARDING THIS REQUIREMENT IN ORDER TO ANALYZE THE AVAIL-
ABILITY OF SUCH EXPERIENTIAL LEARNING OPPORTUNITIES AND THE EFFECTIVE-
NESS THEREOF, PRIOR TO THE FULL IMPLEMENTATION OF THIS REQUIREMENT FOR
ALL STUDENTS. PROVIDED FURTHER, THAT SUCH RESOLUTION SHALL INCLUDE
PROVISIONS RELATING TO EXEMPTIONS FROM THIS REQUIREMENT IN CERTAIN
CIRCUMSTANCES. THE TRUSTEES SHALL CONSIDER THE FOLLOWING WHEN DETERMIN-
ING EXEMPTIONS: (I) WHETHER A STUDENT ALREADY WORKS A FULL-TIME OR
PART-TIME JOB DURING THE SEMESTER; (II) WHETHER THE STUDENT IS A
NON-TRADITIONAL STUDENT WHO HAS OBTAINED PRIOR WORK EXPERIENCE; (III)
WHETHER THIS REQUIREMENT WILL HINDER THE TIMELY GRADUATION OF SUCH
STUDENT; (IV) WHETHER AN APPROPRIATE OPPORTUNITY TO OBTAIN SUCH EXPER-
IENTIAL OR APPLIED LEARNING ACTIVITY EXISTS DEPENDING ON THE NATURE OF
S. 4206 98
SUCH STUDENT'S DEGREE AND LOCATION OF THE CAMPUS; AND (V) ANY OTHER
FACTOR THE TRUSTEES WISH TO CONSIDER.
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 R
Section 1. Paragraph (a) of subdivision 1 of section 1 of part U of
chapter 57 of the laws of 2005, amending the labor law and other laws
implementing the state fiscal plan for the 2005-2006 state fiscal year,
relating to the New York state higher education capital matching grant
program for independent colleges, as amended by section 1 of part H of
chapter 56 of the laws of 2014, is amended to read as follows:
(a) The New York state higher education capital matching grant board
is hereby created to have and exercise the powers, duties and preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York state higher education capital matching grant program from the
effective date of this section through [March 31, 2017, or] the date on
which the last of the funds available for grants under this section
shall have been disbursed[, whichever is earlier]; provided, however,
that the termination of the existence of the board shall not affect the
power and authority of the dormitory authority to perform its obli-
gations with respect to any bonds, notes, or other indebtedness issued
or incurred pursuant to authority granted in this section.
S 2. Paragraph (h) of subdivision 4 of section 1 of part U of chapter
57 of the laws of 2005, amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year, relating
to the New York state higher education capital matching grant program
for independent colleges, as amended by section 2 of part H of chapter
56 of the laws of 2014, is amended to read as follows:
(h) In the event that any colleges do not apply for higher education
capital matching grants by March 31, 2009, or in the event they apply
for and are awarded, but do not use the full amount of such grants, the
unused funds associated with such grants and any additional funds that
become available shall thereafter be awarded to colleges on a compet-
itive basis. The dormitory authority shall develop a request for
proposals and application process, in consultation with the board, for
higher education capital matching grants awarded pursuant to this para-
graph, and shall develop criteria, subject to review by the board, for
the awarding of such grants. Such criteria may include, but not be
limited to the matching criteria contained in paragraph (c) of this
subdivision, and application criteria set forth in paragraph (e) of this
subdivision. [The dormitory authority shall require all applications in
response to the request for proposals to be submitted by September 1,
2014, and the board shall act on each application for such matching
grants by November 1, 2014.]
S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005, amending the
labor law and other laws implementing the state fiscal plan for the
2005-2006 state fiscal year, relating to the New York state higher
education capital matching grant program for independent colleges, as
amended by section 3 of part H of chapter 56 of the laws of 2014, is
amended to read as follows:
(A) Notwithstanding the provision of any general or special law to the
contrary, and subject to the provisions of chapter 59 of the laws of
S. 4206 99
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er education capital matching grants, the director of the budget is
authorized in any state fiscal year commencing April 1, 2005 or any
state fiscal year thereafter [for a period ending on March 31, 2017], to
enter into one or more service contracts, none of which shall exceed 30
years in duration, with the dormitory authority, upon such terms as the
director of the budget and the dormitory authority agree.
S 4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
57 of the laws of 2005, amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year, relating
to the New York state higher education capital matching grant program
for independent colleges, as amended by section 4 of part H of chapter
56 of the laws of 2014, is amended to read as follows:
(b) Any eligible institution receiving a grant pursuant to this arti-
cle shall report to the dormitory authority [no later than June 1,
2018,] on the use of funding received and its programmatic and economic
impact NO LATER THAN TWELVE MONTHS AFTER THE COMPLETION OF THE PROJECT.
The dormitory authority shall submit a report [no later than November 1,
2018] to the governor, the director of the budget, the temporary presi-
dent of the senate, and the speaker of the assembly on the aggregate
impact of the higher education [matching] capital MATCHING grant program
NO LATER THAN EIGHTEEN MONTHS AFTER THE COMPLETION OF THE LAST PROJECT.
Such report shall provide information on the progress and economic
impact of such [project] PROJECTS.
S 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
PART S
Section 1. Clause (D) of subparagraph (ii) of paragraph a of subdivi-
sion 3 of section 667 of the education law, as amended by section 1 of
part B of chapter 60 of the laws of 2000, is amended to read as follows:
(D) Eighteen thousand dollars or Nine hundred eighty dollars
more, but not more than plus twelve per centum of
[eighty] ONE HUNDRED excess over eighteen
thousand dollars thousand dollars
S 2. This act shall take effect immediately.
PART T
Section 1. Section 655 of the education law is amended by adding a new
subdivision 13 to read as follows:
13. A. TO CONDUCT A STUDY TO DETERMINE THE FEASIBILITY OF THE CORPO-
RATION CREATING AND ADMINISTERING A STUDENT LOAN INSURANCE PROGRAM FOR
THE PURPOSE OF PROVIDING INSURANCE PLANS TO ELIGIBLE PARENTS OF STUDENT
BORROWERS AND/OR DIRECTLY TO ELIGIBLE STUDENT BORROWERS, HEREINAFTER
APPLICANTS, TO COVER THE COST OF STUDENT LOAN PAYMENTS IN THE EVENT SUCH
APPLICANT CANNOT WHOLLY OR PARTIALLY COVER SUCH COSTS.
(I) SUCH STUDY SHALL CONSIDER ELIGIBILITY REQUIREMENTS FOR PARTICIPAT-
ING NEW YORK STATE HIGHER EDUCATION INSTITUTIONS AND ELIGIBILITY
REQUIREMENTS FOR PARTICIPATING APPLICANTS.
(II) SUCH STUDY SHALL EXAMINE THE ESTIMATED ADMINISTRATIVE COSTS OF
SUCH A PROGRAM, THE ESTIMATED COSTS PER INSURANCE POLICY DEPENDING ON
S. 4206 100
PARTICIPATION, POLICY COVERAGE OPTIONS OR ANY OTHER FACTOR THE PRESIDENT
DEEMS NECESSARY.
(III) SUCH STUDY SHALL INCLUDE RECOMMENDATIONS ON WHETHER SUCH A
PROGRAM IS ADMINISTRATIVELY AND FISCALLY FEASIBLE AND AFFORDABLE, AND
FUNDING RECOMMENDATIONS, INCLUDING:
(A) A STRUCTURE WHEREBY THE STUDENT PAYS AN ADDITIONAL FEE TO THE
HIGHER EDUCATION INSTITUTION IN WHICH SUCH APPLICANT IS ENROLLED, AND
SUCH FEE IS REMITTED TO THE CORPORATION;
(B) A STRUCTURE WHEREBY THE STUDENT PAYS A PORTION OF THE FEE TO THE
INSTITUTION OF HIGHER EDUCATION AND THE INSTITUTION PAYS A PARTICIPATION
FEE TO THE CORPORATION TO SUBSIDIZE THE FEE CHARGED TO THE APPLICANT;
(C) A STRUCTURE WHEREBY THE STUDENT PAYS A PORTION OF THE FEE FOR THE
POLICY, THE INSTITUTION PAYS A PORTION OF THE FEE FOR THE POLICY AND THE
STATE PAYS A PORTION OF THE FEE TO SUBSIDIZE THE COST; AND
(D) ANY OTHER FEE OR PAYMENT STRUCTURE THE PRESIDENT DEEMS FEASIBLE
FOR THE SUSTAINABILITY AND AFFORDABILITY OF SUCH A PROGRAM.
B. TO CONSULT WITH ANY OTHER NECESSARY AGENCY OR ENTITY THROUGHOUT THE
CREATION OF SUCH STUDY WHICH SHALL BE COMPLETED AND PRESENTED TO THE
CHAIR OF THE HIGHER EDUCATION COMMITTEE IN BOTH THE SENATE AND THE
ASSEMBLY BY NO LATER THAN JANUARY FIFTEENTH, TWO THOUSAND SIXTEEN.
S 2. This act shall take effect immediately.
PART U
Section 1. Section 6304 of the education law is amended by adding a
new subdivision 1-c to read as follows:
1-C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
ANY YEAR THAT THE STATE SHARE OF OPERATING COSTS BASED UPON AID PER
STUDENT FOR EACH FULL TIME EQUIVALENT STUDENT IN ATTENDANCE IS
INCREASED BY AT LEAST THREE PERCENT OVER THE PREVIOUS YEAR'S FUNDING
LEVELS, TUITION LEVELS MUST NOT INCREASE AT THE STATE UNIVERSITY OF NEW
YORK COMMUNITY COLLEGES AND THE CITY UNIVERSITY OF NEW YORK COMMUNITY
COLLEGES.
S 2. This act shall take effect immediately.
PART V
Section 1. Subdivision (a) of section 1203 of the limited liability
company law, as amended by chapter 554 of the laws of 2013, is amended
to read as follows:
(a) Notwithstanding the education law or any other provision of law,
one or more professionals each of whom is authorized by law to render a
professional service within the state, or one or more professionals, at
least one of whom is authorized by law to render a professional service
within the state, may form, or cause to be formed, a professional
service limited liability company for pecuniary profit under this arti-
cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes-
sional service limited liability company formed to provide medical
services as such services are defined in article 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 liabil-
ity company must be licensed pursuant to article 133 of the education
S. 4206 101
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 veterinary medicine in this
state. With respect to a professional service limited liability company
formed to provide professional engineering, land surveying, architec-
tural 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 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 liabil-
ity company must be licensed pursuant to article 163 of the education
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. In addition to engaging in such profession or
professions, a professional service limited liability company may engage
in any other business or activities as to which a limited liability
company may be formed under section two hundred one of this chapter.
Notwithstanding any other provision of this section, a professional
service limited liability company (i) authorized to practice law may
only engage in another profession or business or activities or (ii)
which is engaged in a profession or other business or activities other
than law may only engage in the practice of law, to the extent not
prohibited by any other law of this state or any rule adopted by the
appropriate appellate division of the supreme court or the court of
appeals. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, WITH
RESPECT TO A LIMITED LIABILITY COMPANY FORMED TO PROVIDE INTEGRATED,
MULTIDISCIPLINARY MEDICAL AND CHIROPRACTIC SERVICES, AS SUCH SERVICES
ARE RESPECTIVELY DEFINED UNDER ARTICLES 131 AND 132 OF THE EDUCATION
S. 4206 102
LAW, (I) EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED
PURSUANT TO ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE
HIS OR HER PROFESSION IN THIS STATE, (II) EACH MEMBER SHALL ONLY PRAC-
TICE HIS OR HER PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFES-
SIONAL ENABLING STATUTE UNDER ARTICLE 131 OR ARTICLE 132 OF THE EDUCA-
TION LAW, AND (III) THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES
WITHIN AN INTEGRATED, MULTIDISCIPLINARY ENTITY ORGANIZED UNDER THIS
SECTION DOES NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY
OF THE INDIVIDUALS LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE
PROFESSIONAL ENABLING LAW, PROVIDED THAT: (A) THE CLINICAL JUDGMENT,
MANAGEMENT AND CLINICAL DECISION-MAKING OF ONE OR MORE ARTICLE 131
PROVIDERS IN AN INTEGRATED, MULTIDISCIPLINARY PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY SHALL BE CONTROLLING, (B) MEMBERS LICENSED
UNDER ARTICLE 132 OF THE EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECT-
LY, INTERFERE WITH THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE
OF A PROFESSIONAL LICENSED UNDER ARTICLE 131, AND (C) INDIVIDUALS
LICENSED UNDER ARTICLE 131 MAY NOT ORDER OR DIRECT A PROFESSIONAL
LICENSED UNDER ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE BEYOND THE
SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 132 OF THE EDUCATION LAW, EVEN
IF SUPERVISED DIRECTLY OR INDIRECTLY BY A PROFESSIONAL LICENSED UNDER
ARTICLE 131.
S 2. 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 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 liabil-
ity company must be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. With respect to a
professional service limited liability company formed to provide
marriage and family therapy services as such services are defined in
S. 4206 103
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 PROVISION OF THIS SECTION,
WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED
TO PROVIDE INTEGRATED, MULTIDISCIPLINARY MEDICAL AND CHIROPRACTIC
SERVICES, AS SUCH SERVICES ARE RESPECTIVELY DEFINED UNDER ARTICLES 131
AND 132 OF THE EDUCATION LAW, (I) EACH MEMBER OF SUCH LIMITED LIABILITY
COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 131 OR ARTICLE 132 OF THE
EDUCATION LAW TO PRACTICE HIS OR HER PROFESSION IN THIS STATE, (II) EACH
MEMBER SHALL ONLY PRACTICE HIS OR HER PROFESSION AS SPECIFIED IN HIS OR
HER RESPECTIVE PROFESSIONAL ENABLING STATUTE UNDER ARTICLE 131 OR ARTI-
CLE 132 OF THE EDUCATION LAW, AND (III) THE CLINICAL INTEGRATION OF
PROFESSIONAL PRACTICES WITHIN AN INTEGRATED, MULTIDISCIPLINARY ENTITY
ORGANIZED UNDER THIS SECTION DOES NOT ALTER, EXPAND OR CURTAIL THE SCOPE
OF PRACTICE OF ANY OF THE INDIVIDUALS LICENSED UNDER THE STATUTE OF HIS
OR HER RESPECTIVE PROFESSIONAL ENABLING LAW, PROVIDED THAT: (A) THE
CLINICAL JUDGMENT, MANAGEMENT AND CLINICAL DECISION-MAKING OF ONE OR
MORE ARTICLE 131 PROVIDERS IN AN INTEGRATED, MULTIDISCIPLINARY PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY SHALL BE CONTROLLING, (B)
MEMBERS LICENSED UNDER ARTICLE 132 OF THE EDUCATION LAW, SHALL NOT,
DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL JUDGMENT OR LEGITI-
MATE CLINICAL PRACTICE OF A PROFESSIONAL LICENSED UNDER ARTICLE 131, AND
(C) INDIVIDUALS LICENSED UNDER ARTICLE 131 MAY NOT ORDER OR DIRECT A
PROFESSIONAL LICENSED UNDER ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE
BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 132 OF THE EDUCA-
TION LAW, EVEN IF SUPERVISED DIRECTLY OR INDIRECTLY BY A PROFESSIONAL
LICENSED UNDER ARTICLE 131.
S 3. Subdivision (a) of section 1301 of the limited liability company
law, as amended by chapter 554 of the laws of 2013, is 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-
S. 4206 104
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
law to practice one or more of such professions in this state. With
respect to a foreign professional service limited liability company
which provides licensed clinical 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 prac-
tice 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 practice 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 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 mental health counseling
in this state. With respect to a foreign professional service limited
liability company which provides psychoanalysis services as such
S. 4206 105
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 analy-
sis services as such services are defined in article 167 of the educa-
tion 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. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO PROVIDE INTEGRATED, MULTI-DISCIPLINARY MEDICAL AND
CHIROPRACTIC SERVICES, AS SUCH SERVICES ARE RESPECTIVELY DEFINED UNDER
ARTICLE 131 AND ARTICLE 132 OF THE EDUCATION LAW, (I) EACH MEMBER OF
SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 131
OR ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE HIS OR HER PROFESSION IN
THIS STATE, (II) EACH MEMBER SHALL ONLY PRACTICE HIS OR HER PROFESSION
AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL ENABLING STATUTE
UNDER ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW, AND (III) THE
CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN INTEGRATED,
MULTIDISCIPLINARY ENTITY ORGANIZED UNDER THIS SECTION DOES NOT ALTER,
EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE INDIVIDUALS
LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL ENABL-
ING LAW, PROVIDED THAT: (A) THE CLINICAL JUDGMENT, MANAGEMENT AND CLIN-
ICAL DECISION-MAKING OF ONE OR MORE ARTICLE 131 PROVIDERS IN AN INTE-
GRATED, MULTIDISCIPLINARY PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
SHALL BE CONTROLLING, (B) MEMBERS LICENSED UNDER ARTICLE 132 OF THE
EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE
CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL
LICENSED UNDER ARTICLE 131, AND (C) INDIVIDUALS LICENSED UNDER ARTICLE
131 MAY NOT ORDER OR DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 132 OF
THE EDUCATION LAW TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE
UNDER ARTICLE 132 OF THE EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR
INDIRECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131.
S 4. Paragraph (a) of section 1503 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, (I) one or more indi-
viduals duly authorized by law to render the same professional service
within the state may organize, or cause to be organized, a professional
service corporation for pecuniary profit under this article for the
purpose of rendering the same professional service, except that one or
more individuals duly authorized by law to practice professional engi-
neering, architecture, landscape architecture or land surveying within
the state may organize, or cause to be organized, a professional service
corporation or a design professional service corporation for pecuniary
profit under this article for the purpose of rendering such professional
services as such individuals are authorized to practice, AND, (II) ONE
OR MORE INDIVIDUALS DULY LICENSED TO PRACTICE MEDICINE AND ONE OR MORE
CHIROPRACTORS LICENSED UNDER ARTICLE 132 OF THE EDUCATION LAW, WHO MAY
BE BOARD CERTIFIED OR QUALIFIED BY HIS OR HER RESPECTIVE PROFESSIONAL
SPECIALTY BOARDS, MAY ORGANIZE, OR CAUSE TO BE ORGANIZED, FOR BUSINESS
PURPOSES ONLY, A MULTIDISCIPLINARY PROFESSIONAL SERVICE CORPORATION
FORMED FOR PECUNIARY PROFIT UNDER THIS ARTICLE FOR THE PURPOSE OF
RENDERING INTEGRATED AND NON-INTEGRATED PROFESSIONAL SERVICES WITHIN
SUCH A CORPORATION AS SUCH INDIVIDUALS ARE AUTHORIZED TO PRACTICE INDI-
VIDUALLY IN HIS OR HER RESPECTIVE PROFESSIONS, PROVIDED THAT THE CLIN-
S. 4206 106
ICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN ENTITY ORGANIZED
UNDER THIS SECTION DOES NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRAC-
TICE OF ANY OF THE INDIVIDUALS LICENSED UNDER THE STATUTE OF HIS OR HER
RESPECTIVE PROFESSIONAL ENABLING LAW; THAT THE CLINICAL JUDGMENT,
MANAGEMENT AND CLINICAL DECISION-MAKING OF ONE OR MORE ARTICLE 131
PROVIDERS IN AN INTEGRATED, MULTIDISCIPLINARY PRACTICE SHALL BE CONTROL-
LING; THAT MEMBERS LICENSED UNDER ARTICLE 132 OF THE EDUCATION LAW,
SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL JUDGMENT
OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL LICENSED UNDER ARTICLE
131; AND THAT INDIVIDUALS LICENSED UNDER ARTICLE 131 MAY NOT ORDER OR
DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 132 OF THE EDUCATION LAW TO
PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 132 OF THE
EDUCATION LAW IN A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, EVEN
IF SUPERVISED DIRECTLY OR INDIRECTLY BY A PROFESSIONAL LICENSED UNDER
ARTICLE 131.
S 5. 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 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. 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 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 crea-
tive 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 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 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. EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP
FORMED TO PROVIDE INTEGRATED, MULTIDISCIPLINARY MEDICAL AND CHIROPRACTIC
SERVICES, AS SUCH SERVICES ARE RESPECTIVELY DEFINED UNDER ARTICLE 131
AND ARTICLE 132 OF THE EDUCATION LAW, (I) MUST BE LICENSED PURSUANT TO
S. 4206 107
ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE HIS OR HER
PROFESSION IN THIS STATE, (II) SHALL ONLY PRACTICE HIS OR HER PROFESSION
AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL ENABLING STATUTE
UNDER ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW, AND (III) THE
CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN INTEGRATED,
MULTI-DISCIPLINARY ENTITY ORGANIZED UNDER THIS SECTION DOES NOT ALTER,
EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE INDIVIDUALS
LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL ENABL-
ING LAW, PROVIDED THAT: (A) THE CLINICAL JUDGMENT, MANAGEMENT AND CLIN-
ICAL DECISION-MAKING OF ONE OR MORE ARTICLE 131 PROVIDERS IN AN INTE-
GRATED, MULTIDISCIPLINARY PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
SHALL BE CONTROLLING, (B) MEMBERS LICENSED UNDER ARTICLE 132 OF THE
EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE
CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL
LICENSED UNDER ARTICLE 131, AND (C) INDIVIDUALS LICENSED UNDER ARTICLE
131 MAY NOT ORDER OR DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 132 OF
THE EDUCATION LAW TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE
UNDER ARTICLE 132 OF THE EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR
INDIRECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131.
S 6. 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 limited liability partner-
ship which provides licensed clinical social work services in this state
must be licensed pursuant to article 154 of the education law to prac-
tice licensed clinical social work in this state. Each partner of a
foreign limited liability partnership which provides creative arts ther-
apy 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. EACH PARTNER OF A FOREIGN LIMITED LIABILITY PARTNER-
S. 4206 108
SHIP FORMED TO PROVIDE INTEGRATED, MULTIDISCIPLINARY MEDICAL AND CHIROP-
RACTIC SERVICES, AS SUCH SERVICES ARE DEFINED UNDER ARTICLE 131 OR
ARTICLE 132 OF THE EDUCATION LAW, (I) MUST BE LICENSED PURSUANT TO ARTI-
CLE 131 OR ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE HIS OR HER
PROFESSION IN THIS STATE, (II) SHALL ONLY PRACTICE HIS OR HER PROFESSION
AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL ENABLING STATUTE
UNDER ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW, AND (III) THE
CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN INTEGRATED,
MULTIDISCIPLINARY ENTITY ORGANIZED UNDER THIS SECTION DOES NOT ALTER,
EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE INDIVIDUALS
LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL ENABL-
ING LAW, PROVIDED THAT: (A) THE CLINICAL JUDGMENT, MANAGEMENT AND CLIN-
ICAL DECISION-MAKING OF ONE OR MORE ARTICLE 131 PROVIDERS IN AN INTE-
GRATED, MULTIDISCIPLINARY PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
SHALL BE CONTROLLING, (B) MEMBERS NOT LICENSED UNDER ARTICLE 131 OF THE
EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE
CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL
LICENSED UNDER ARTICLE 131, AND (C) INDIVIDUALS LICENSED UNDER ARTICLE
131 MAY NOT ORDER OR DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 132 OF
THE EDUCATION LAW TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE
UNDER ARTICLE 132 OF THE EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR
INDIRECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131.
S 7. Subdivision (a) of section 1203 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended to read
as follows:
(a) Notwithstanding the education law or any other provision of law,
one or more professionals each of whom is authorized by law to render a
professional service within the state, or one or more professionals, at
least one of whom is authorized by law to render a professional service
within the state, may form, or cause to be formed, a professional
service limited liability company for pecuniary profit under this arti-
cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes-
sional service limited liability company formed to provide medical
services as such services are defined in article 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 liabil-
ity 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 veterinary medicine in this
state. With respect to a professional service limited liability company
formed to provide professional engineering, land surveying, architec-
tural, 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 licensed clinical social work services as such services are
defined in article 154 of the education law, each member of such limited
S. 4206 109
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 liabil-
ity company must be licensed pursuant to article 163 of the education
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. In addition to engaging in such profession or
professions, a professional service limited liability company may engage
in any other business or activities as to which a limited liability
company may be formed under section two hundred one of this chapter.
Notwithstanding any other provision of this section, a professional
service limited liability company (i) authorized to practice law may
only engage in another profession or business or activities or (ii)
which is engaged in a profession or other business or activities other
than law may only engage in the practice of law, to the extent not
prohibited by any other law of this state or any rule adopted by the
appropriate appellate division of the supreme court or the court of
appeals. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, WITH
RESPECT TO A LIMITED LIABILITY COMPANY FORMED TO PROVIDE INTEGRATED,
MULTIDISCIPLINARY MEDICAL AND CHIROPRACTIC SERVICES, AS SUCH SERVICES
ARE RESPECTIVELY DEFINED UNDER ARTICLES 131 AND 132 OF THE EDUCATION
LAW, (I) EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED
PURSUANT TO ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE
HIS OR HER PROFESSION IN THIS STATE, (II) EACH MEMBER SHALL ONLY PRAC-
TICE HIS OR HER PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFES-
SIONAL ENABLING STATUTE UNDER ARTICLE 131 OR ARTICLE 132 OF THE EDUCA-
TION LAW, AND (III) THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES
WITHIN AN INTEGRATED, MULTIDISCIPLINARY ENTITY ORGANIZED UNDER THIS
SECTION DOES NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY
OF THE INDIVIDUALS LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE
PROFESSIONAL ENABLING LAW, PROVIDED THAT: (A) THE CLINICAL JUDGMENT,
MANAGEMENT AND CLINICAL DECISION-MAKING OF ONE OR MORE ARTICLE 131
PROVIDERS IN AN INTEGRATED, MULTIDISCIPLINARY PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY SHALL BE CONTROLLING, (B) MEMBERS LICENSED
UNDER ARTICLE 132 OF THE EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECT-
LY, INTERFERE WITH THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE
S. 4206 110
OF A PROFESSIONAL LICENSED UNDER ARTICLE 131, AND (C) INDIVIDUALS
LICENSED UNDER ARTICLE 131 MAY NOT ORDER OR DIRECT A PROFESSIONAL
LICENSED UNDER ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE BEYOND THE
SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 132 OF THE EDUCATION LAW, EVEN
IF SUPERVISED DIRECTLY OR INDIRECTLY BY A PROFESSIONAL LICENSED UNDER
ARTICLE 131.
S 8. 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 limit-
ed 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 clin-
ical 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 education 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 arti-
cle 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
S. 4206 111
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 PROVISION OF THIS SECTION, WITH RESPECT TO A PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY FORMED TO PROVIDE INTEGRATED, MULTIDISCIPLI-
NARY MEDICAL AND CHIROPRACTIC SERVICES, AS SUCH SERVICES ARE RESPECTIVE-
LY DEFINED UNDER ARTICLES 131 AND 132 OF THE EDUCATION LAW, (I) EACH
MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO
ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE HIS OR HER
PROFESSION IN THIS STATE, (II) EACH MEMBER SHALL ONLY PRACTICE HIS OR
HER PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL ENABL-
ING STATUTE UNDER ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW, AND
(III) THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN INTE-
GRATED, MULTIDISCIPLINARY ENTITY ORGANIZED UNDER THIS SECTION DOES NOT
ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE INDIVIDUALS
LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL ENABL-
ING LAW, PROVIDED THAT: (A) THE CLINICAL JUDGMENT, MANAGEMENT AND CLIN-
ICAL DECISION-MAKING OF ONE OR MORE ARTICLE 131 PROVIDERS IN AN INTE-
GRATED, MULTIDISCIPLINARY PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
SHALL BE CONTROLLING, (B) MEMBERS LICENSED UNDER ARTICLE 132 OF THE
EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE
CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL
LICENSED UNDER ARTICLE 131, AND (C) INDIVIDUALS LICENSED UNDER ARTICLE
131 MAY NOT ORDER OR DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 132 OF
THE EDUCATION LAW TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE
UNDER ARTICLE 132 OF THE EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR
INDIRECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131.
S 9. Subdivision (a) of section 1301 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is 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
S. 4206 112
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 licensed clinical 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 prac-
tice 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 practice 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 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 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 analy-
sis services as such services are defined in article 167 of the educa-
tion 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. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO PROVIDE INTEGRATED, MULTI-DISCIPLINARY MEDICAL AND
CHIROPRACTIC SERVICES, AS SUCH SERVICES ARE RESPECTIVELY DEFINED UNDER
ARTICLE 131 AND ARTICLE 132 OF THE EDUCATION LAW, (I) EACH MEMBER OF
SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 131
OR ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE HIS OR HER PROFESSION IN
S. 4206 113
THIS STATE, (II) EACH MEMBER SHALL ONLY PRACTICE HIS OR HER PROFESSION
AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL ENABLING STATUTE
UNDER ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW, AND (III) THE
CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN INTEGRATED,
MULTIDISCIPLINARY ENTITY ORGANIZED UNDER THIS SECTION DOES NOT ALTER,
EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE INDIVIDUALS
LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL ENABL-
ING LAW, PROVIDED THAT: (A) THE CLINICAL JUDGMENT, MANAGEMENT AND CLIN-
ICAL DECISION-MAKING OF ONE OR MORE ARTICLE 131 PROVIDERS IN AN INTE-
GRATED, MULTIDISCIPLINARY PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
SHALL BE CONTROLLING, (B) MEMBERS LICENSED UNDER ARTICLE 132 OF THE
EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE
CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL
LICENSED UNDER ARTICLE 131, AND (C) INDIVIDUALS LICENSED UNDER ARTICLE
131 MAY NOT ORDER OR DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 132 OF
THE EDUCATION LAW TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE
UNDER ARTICLE 132 OF THE EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR
INDIRECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131.
S 10. Paragraph (a) of section 1503 of the business corporation law,
as amended by chapter 475 of the laws of 2014, is amended to read as
follows:
(a) Notwithstanding any other provision of law, (I) one or more indi-
viduals duly authorized by law to render the same professional service
within the state may organize, or cause to be organized, a professional
service corporation for pecuniary profit under this article for the
purpose of rendering the same professional service, except that one or
more individuals duly authorized by law to practice professional engi-
neering, architecture, landscape architecture, land surveying or geology
within the state may organize, or cause to be organized, a professional
service corporation or a design professional service corporation for
pecuniary profit under this article for the purpose of rendering such
professional services as such individuals are authorized to practice,
AND, (II) ONE OR MORE INDIVIDUALS DULY LICENSED TO PRACTICE MEDICINE AND
ONE OR MORE CHIROPRACTORS LICENSED UNDER ARTICLE 132 OF THE EDUCATION
LAW, WHO MAY BE BOARD CERTIFIED OR QUALIFIED BY HIS OR HER RESPECTIVE
PROFESSIONAL SPECIALTY BOARDS, MAY ORGANIZE, OR CAUSE TO BE ORGANIZED,
FOR BUSINESS PURPOSES ONLY, A MULTIDISCIPLINARY PROFESSIONAL SERVICE
CORPORATION FORMED FOR PECUNIARY PROFIT UNDER THIS ARTICLE FOR THE
PURPOSE OF RENDERING INTEGRATED AND NON-INTEGRATED PROFESSIONAL SERVICES
WITHIN SUCH A CORPORATION AS SUCH INDIVIDUALS ARE AUTHORIZED TO PRACTICE
INDIVIDUALLY IN HIS OR HER RESPECTIVE PROFESSIONS, PROVIDED THAT THE
CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN ENTITY ORGAN-
IZED UNDER THIS SECTION DOES NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF
PRACTICE OF ANY OF THE INDIVIDUALS LICENSED UNDER THE STATUTE OF HIS OR
HER RESPECTIVE PROFESSIONAL ENABLING LAW; THAT THE CLINICAL JUDGMENT,
MANAGEMENT AND CLINICAL DECISION-MAKING OF ONE OR MORE ARTICLE 131
PROVIDERS IN AN INTEGRATED, MULTIDISCIPLINARY PRACTICE SHALL BE CONTROL-
LING; THAT MEMBERS LICENSED UNDER ARTICLE 132 OF THE EDUCATION LAW,
SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL JUDGMENT
OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL LICENSED UNDER ARTICLE
131; AND THAT INDIVIDUALS LICENSED UNDER ARTICLE 131 MAY NOT ORDER OR
DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 132 OF THE EDUCATION LAW TO
PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 132 OF THE
EDUCATION LAW IN A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, EVEN
IF SUPERVISED DIRECTLY OR INDIRECTLY BY A PROFESSIONAL LICENSED UNDER
ARTICLE 131.
S. 4206 114
S 11. 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 professional 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 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. EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNER-
SHIP FORMED TO PROVIDE INTEGRATED, MULTIDISCIPLINARY MEDICAL AND CHIROP-
RACTIC SERVICES, AS SUCH SERVICES ARE RESPECTIVELY DEFINED UNDER ARTICLE
131 AND ARTICLE 132 OF THE EDUCATION LAW, (I) MUST BE LICENSED PURSUANT
TO ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW TO PRACTICE HIS OR
HER PROFESSION IN THIS STATE, (II) SHALL ONLY PRACTICE HIS OR HER
PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL ENABLING
STATUTE UNDER ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW, AND (III)
THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN INTEGRATED,
MULTI-DISCIPLINARY ENTITY ORGANIZED UNDER THIS SECTION DOES NOT ALTER,
EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE INDIVIDUALS
LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL ENABL-
ING LAW, PROVIDED THAT: (A) THE CLINICAL JUDGMENT, MANAGEMENT AND CLIN-
ICAL DECISION-MAKING OF ONE OR MORE ARTICLE 131 PROVIDERS IN AN INTE-
GRATED, MULTIDISCIPLINARY PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
SHALL BE CONTROLLING, (B) MEMBERS LICENSED UNDER ARTICLE 132 OF THE
EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE
CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL
LICENSED UNDER ARTICLE 131, AND (C) INDIVIDUALS LICENSED UNDER ARTICLE
S. 4206 115
131 MAY NOT ORDER OR DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 132 OF
THE EDUCATION LAW TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE
UNDER ARTICLE 132 OF THE EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR
INDIRECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131.
S 12. 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 partner of a
foreign limited liability partnership which provides professional engi-
neering, land surveying, geological services, architectural and/or land-
scape 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
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 part-
nership 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 coun-
seling 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 arti-
cle 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 analysis in this state. EACH PARTNER OF A FOREIGN
LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE INTEGRATED, MULTIDISCI-
PLINARY MEDICAL AND CHIROPRACTIC SERVICES, AS SUCH SERVICES ARE DEFINED
UNDER ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW, (I) MUST BE
LICENSED PURSUANT TO ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW TO
PRACTICE HIS OR HER PROFESSION IN THIS STATE, (II) SHALL ONLY PRACTICE
HIS OR HER PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL
ENABLING STATUTE UNDER ARTICLE 131 OR ARTICLE 132 OF THE EDUCATION LAW,
AND (III) THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN
INTEGRATED, MULTIDISCIPLINARY ENTITY ORGANIZED UNDER THIS SECTION DOES
NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE INDI-
VIDUALS LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL
ENABLING LAW, PROVIDED THAT: (A) THE CLINICAL JUDGMENT, MANAGEMENT AND
CLINICAL DECISION-MAKING OF ONE OR MORE ARTICLE 131 PROVIDERS IN AN
INTEGRATED, MULTIDISCIPLINARY PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY SHALL BE CONTROLLING, (B) MEMBERS NOT LICENSED UNDER ARTICLE 131
S. 4206 116
OF THE EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH
THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL
LICENSED UNDER ARTICLE 131, AND (C) INDIVIDUALS LICENSED UNDER ARTICLE
131 MAY NOT ORDER OR DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 132 OF
THE EDUCATION LAW TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE
UNDER ARTICLE 132 OF THE EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR
INDIRECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131.
S 13. Subdivision 1 of section 2801 of the public health law, as sepa-
rately amended by chapters 297 and 416 of the laws of 1983, is amended
to read as follows:
1. "Hospital" means a facility or institution engaged principally in
providing services by or under the supervision of a physician or, in the
case of a dental clinic or dental dispensary, of a dentist, for the
prevention, diagnosis or treatment of human disease, pain, injury,
deformity or physical condition, including, but not limited to, a gener-
al hospital, public health center, diagnostic center, treatment center,
dental clinic, dental dispensary, rehabilitation center other than a
facility used solely for vocational rehabilitation, nursing home, tuber-
culosis hospital, chronic disease hospital, maternity hospital, lying-
in-asylum, out-patient department, out-patient lodge, dispensary and a
laboratory or central service facility serving one or more such insti-
tutions, but the term hospital shall not include an institution, sani-
tarium or other facility engaged principally in providing services for
the prevention, diagnosis or treatment of mental disability and which is
subject to the powers of visitation, examination, inspection and inves-
tigation of the department of mental hygiene except for those distinct
parts of such a facility which provide hospital service. The provisions
of this article shall not apply to a facility or institution engaged
principally in providing services by or under the supervision of the
bona fide members and adherents of a recognized religious organization
whose teachings include reliance on spiritual means through prayer alone
for healing in the practice of the religion of such organization and
where services are provided in accordance with those teachings OR TO A
BUSINESS CORPORATION, LIMITED LIABILITY CORPORATION OR PARTNERSHIP
BETWEEN A MEDICAL DOCTOR AND A DULY LICENSED TITLE VIII HEALTHCARE
PROFESSIONAL.
S 14. Subdivision 19 of section 6530 of the education law, as added by
chapter 606 of the laws of 1991, is amended to read as follows:
19. Permitting any person to share in the fees for professional
services, other than: a partner, employee, associate in a professional
firm or corporation, professional subcontractor or consultant authorized
to practice medicine, or a legally authorized trainee practicing under
the supervision of a licensee OR A CHIROPRACTOR PROVIDING PROFESSIONAL
SERVICES IN THE SAME PRACTICE. This prohibition shall include any
arrangement or agreement whereby the amount received in payment for
furnishing space, facilities, equipment or personnel services used by a
licensee constitutes a percentage of, or is otherwise dependent upon,
the income or receipts of the licensee from such practice, except as
otherwise provided by law with respect to a facility licensed pursuant
to article twenty-eight of the public health law or article thirteen of
the mental hygiene law;
S 15. Section 6509-a of the education law, as amended by chapter 555
of the laws of 1993, is amended to read as follows:
S 6509-a. Additional definition of professional misconduct; limited
application. Notwithstanding any inconsistent provision of this article
or of any other provision of law to the contrary, the license or regis-
S. 4206 117
tration of a person subject to the provisions of articles one hundred
thirty-two, one hundred thirty-three, one hundred thirty-six, one
hundred thirty-seven, one hundred thirty-nine, one hundred forty-one,
one hundred forty-three, one hundred forty-four, one hundred fifty-six,
one hundred fifty-nine and one hundred sixty-four of this chapter may be
revoked, suspended or annulled or such person may be subject to any
other penalty provided in section sixty-five hundred eleven of this
article in accordance with the provisions and procedure of this article
for the following:
That any person subject to the above enumerated articles, has directly
or indirectly requested, received or participated in the division,
transference, assignment, rebate, splitting or refunding of a fee for,
or has directly requested, received or profited by means of a credit or
other valuable consideration as a commission, discount or gratuity in
connection with the furnishing of professional care, or service, includ-
ing x-ray examination and treatment, or for or in connection with the
sale, rental, supplying or furnishing of clinical laboratory services or
supplies, x-ray laboratory services or supplies, inhalation therapy
service or equipment, ambulance service, hospital or medical supplies,
physiotherapy or other therapeutic service or equipment, artificial
limbs, teeth or eyes, orthopedic or surgical appliances or supplies,
optical appliances, supplies or equipment, devices for aid of hearing,
drugs, medication or medical supplies or any other goods, services or
supplies prescribed for medical diagnosis, care or treatment under this
chapter, except payment, not to exceed thirty-three and one-third per
centum of any fee received for x-ray examination, diagnosis or treat-
ment, to any hospital furnishing facilities for such examination, diag-
nosis or treatment. Nothing contained in this section shall prohibit
such persons from practicing as partners, in groups or as a professional
corporation or as a university faculty practice corporation nor from
pooling fees and moneys received, either by the partnerships, profes-
sional corporations, university faculty practice corporations or groups
by the individual members thereof, for professional services furnished
by any individual professional member, or employee of such partnership,
corporation or group, nor shall the professionals constituting the part-
nerships, corporations or groups be prohibited from sharing, dividing or
apportioning the fees and moneys received by them or by the partnership,
corporation or group in accordance with a partnership or other agree-
ment; provided that no such practice as partners, corporations or in
groups or pooling of fees or moneys received or shared, division or
apportionment of fees shall be permitted with respect to care and treat-
ment under the workers' compensation law except as expressly authorized
by the workers' compensation law. NOTHING CONTAINED IN THIS SECTION,
SHALL PROHIBIT A MULTIDISCIPLINARY MEDICAL AND CHIROPRACTIC PRACTICE
FORMED PURSUANT TO SUBDIVISION (A) OR (B) OF SECTION TWELVE HUNDRED
THREE OF THE LIMITED LIABILITY COMPANY LAW, SUBDIVISION (A) OF SECTION
THIRTEEN HUNDRED ONE OF THE LIMITED LIABILITY COMPANY LAW, PARAGRAPH (A)
OF SECTION FIFTEEN HUNDRED THREE OF THE BUSINESS CORPORATION LAW, SUBDI-
VISION (Q) OF SECTION 121-1500 OF THE PARTNERSHIP LAW, OR SUBDIVISION
(Q) OF SECTION 121-1502 OF THE PARTNERSHIP LAW FROM POOLING FEES OR
MONIES RECEIVED. Nothing contained in this chapter shall prohibit a
medical or dental expense indemnity corporation pursuant to its contract
with the subscriber from prorationing a medical or dental expense indem-
nity allowance among two or more professionals in proportion to the
services rendered by each such professional at the request of the
subscriber, provided that prior to payment thereof such professionals
S. 4206 118
shall submit both to the medical or dental expense indemnity corporation
and to the subscriber statements itemizing the services rendered by each
such professional and the charges therefor.
S 16. Section 6531 of the education law, as amended by chapter 555 of
the laws of 1993, is amended to read as follows:
S 6531. Additional definition of professional misconduct, limited
application. Notwithstanding any inconsistent provision of this article
or any other provisions of law to the contrary, the license or registra-
tion of a person subject to the provisions of this article and article
one hundred thirty-one-B of this chapter may be revoked, suspended, or
annulled or such person may be subject to any other penalty provided in
section two hundred thirty-a of the public health law in accordance with
the provisions and procedures of this article for the following:
That any person subject to the above-enumerated articles has directly
or indirectly requested, received or participated in the division,
transference, assignment, rebate, splitting, or refunding of a fee for,
or has directly requested, received or profited by means of a credit or
other valuable consideration as a commission, discount or gratuity, in
connection with the furnishing of professional care or service, includ-
ing x-ray examination and treatment, or for or in connection with the
sale, rental, supplying, or furnishing of clinical laboratory services
or supplies, x-ray laboratory services or supplies, inhalation therapy
service or equipment, ambulance service, hospital or medical supplies,
physiotherapy or other therapeutic service or equipment, artificial
limbs, teeth or eyes, orthopedic or surgical appliances or supplies,
optical appliances, supplies, or equipment, devices for aid of hearing,
drugs, medication, or medical supplies, or any other goods, services, or
supplies prescribed for medical diagnosis, care, or treatment under this
chapter, except payment, not to exceed thirty-three and one-third
percent of any fee received for x-ray examination, diagnosis, or treat-
ment, to any hospital furnishing facilities for such examination, diag-
nosis, or treatment. Nothing contained in this section shall prohibit
such persons from practicing as partners, in groups or as a professional
corporation or as a university faculty practice corporation, nor from
pooling fees and moneys received, either by the partnerships, profes-
sional corporations, or university faculty practice corporations or
groups by the individual members thereof, for professional services
furnished by an individual professional member, or employee of such
partnership, corporation, or group, nor shall the professionals consti-
tuting the partnerships, corporations or groups be prohibited from shar-
ing, dividing, or apportioning the fees and moneys received by them or
by the partnership, corporation, or group in accordance with a partner-
ship or other agreement; provided that no such practice as partners,
corporations, or groups, or pooling of fees or moneys received or
shared, division or apportionment of fees shall be permitted with
respect to and treatment under the workers' compensation law. NOTHING
CONTAINED IN THIS SECTION, SHALL PROHIBIT A MULTIDISCIPLINARY MEDICAL
AND CHIROPRACTIC PRACTICE FORMED PURSUANT TO SUBDIVISION (A) OR (B) OF
SECTION TWELVE HUNDRED THREE OF THE LIMITED LIABILITY COMPANY LAW,
SUBDIVISION (A) OF SECTION THIRTEEN HUNDRED ONE OF THE LIMITED LIABILITY
COMPANY LAW, PARAGRAPH (A) OF SECTION FIFTEEN HUNDRED THREE OF THE BUSI-
NESS CORPORATION LAW, SUBDIVISION (Q) OF SECTION 121-1500 OF THE PART-
NERSHIP LAW, OR SUBDIVISION (Q) OF SECTION 121-1502 OF THE PARTNERSHIP
LAW FROM POOLING FEES OR MONIES RECEIVED. Nothing contained in this
chapter shall prohibit a corporation licensed pursuant to article
forty-three of the insurance law pursuant to its contract with the
S. 4206 119
subscribed from prorationing a medical or dental expenses indemnity
allowance among two or more professionals in proportion to the services
rendered by each such professional at the request of the subscriber,
provided that prior to payment thereof such professionals shall submit
both to the corporation licensed pursuant to article forty-three of the
insurance law and to the subscriber statements itemizing the services
rendered by each such professional and the charges therefor.
S 17. This act shall take effect on the thirtieth day after it shall
have became a law; provided, however that sections seven, eight, nine,
ten, eleven and twelve of this act shall take effect on the same date
and in the same manner as section 28 of chapter 475 of the laws of 2014,
takes effect.
PART W
Section 1. Subdivision 1 of section 669-e of the education law, as
added by section 1 of part G of chapter 56 of the laws of 2014, is
amended to read as follows:
1. Undergraduate students who are matriculated in an approved under-
graduate program leading to a career in science, technology, engineering
or mathematics at a New York state [public institution of higher educa-
tion] COLLEGE AS DEFINED IN SECTION SIX HUNDRED ONE OF THIS CHAPTER
shall be eligible for an award under this section, provided the appli-
cant: (a) graduates from a high school located in New York state during
or after the two thousand thirteen--fourteen school year; and (b) gradu-
ates within the top ten percent of his or her high school class OR
OBTAINS A SCORE OF THREE OR BETTER ON TWO OR MORE SCIENCE, TECHNOLOGY,
ENGINEERING OR MATHEMATICS ADVANCED PLACEMENT EXAMS, AS DETERMINED BY
THE PRESIDENT; and (c) enrolls in full-time study each term beginning in
the fall term after his or her high school graduation in an approved
undergraduate program in science, technology, engineering or mathemat-
ics, as defined by the corporation, at a New York state [public institu-
tion of higher education] COLLEGE AS DEFINED IN SECTION SIX HUNDRED ONE
OF THIS CHAPTER; and (d) signs a contract with the corporation agreeing
that his or her award will be converted to a student loan in the event
the student fails to comply with the terms of this program as set forth
in subdivision four of this section; and (e) complies with the applica-
ble provisions of this article and all requirements promulgated by the
corporation for the administration of the program.
S 2. This act shall take effect immediately.
PART X
Section 1. Clause (iii) of subparagraph 4 of paragraph h of subdivi-
sion 2 of section 355 of the education law, as amended by chapter 260 of
the laws of 2011, is amended to read as follows:
(iii) The state shall appropriate annually and make available general
fund operating support, including fringe benefits, for the state univer-
sity in an amount not less than the amount appropriated and made avail-
able to the state university in state fiscal year two thousand eleven--
two thousand twelve. Beginning in state fiscal year two thousand
twelve-two thousand thirteen and thereafter, the state shall appropriate
and make available general fund operating support, including fringe
benefits, for the state university AND THE STATE UNIVERSITY HEALTH
SCIENCE CENTERS in an amount not less than the amount appropriated and
made available in the prior state fiscal year; provided, [however, that
S. 4206 120
if] FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND
OPERATING SUPPORT TO COVER COLLECTIVE BARGAINING COSTS INCURRED BY THE
STATE UNIVERSITY AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS. IF the
governor declares a fiscal emergency, and communicates such emergency to
the temporary president of the senate and speaker of the assembly, state
support for operating expenses at the state university and city univer-
sity may be reduced in a manner proportionate to one another, and the
aforementioned provisions shall not apply.
S 2. Subparagraph (iii) of paragraph (a) of subdivision 7 of section
6206 of the education law, as added by chapter 260 of the laws of 2011,
is amended to read as follows:
(iii) The state shall appropriate annually and make available state
support for operating expenses, including fringe benefits, for the city
university in an amount not less than the amount appropriated and made
available to the city university in state fiscal year two thousand
eleven--two thousand twelve. Beginning in state fiscal year two thousand
twelve--two thousand thirteen and thereafter, the state shall appropri-
ate and make available state support for operating expenses[, including
fringe benefits,] for the city university in an amount not less than the
amount appropriated and made available in the prior state fiscal year;
provided, [however, that if] FURTHER, THE STATE SHALL APPROPRIATE AND
MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT TO COVER COLLECTIVE
BARGAINING COSTS INCURRED BY THE CITY UNIVERSITY. IF the governor,
HOWEVER, declares a fiscal emergency, and communicates such emergency to
the temporary president of the senate and speaker of the assembly, state
support for operating expenses of the state university and city univer-
sity may be reduced in a manner proportionate to one another, and the
aforementioned provisions shall not apply.
S 3. This act shall take effect April 1, 2016; provided that the
amendments to subparagraph 4 of paragraph h of subdivision 2 of section
355 of the education law, made by section one of this act shall not
affect the expiration of such subparagraph and shall be deemed to expire
therewith provided, however, that the amendments to subparagraph (iii)
of paragraph (a) of subdivision 7 of section 6206 of the education law,
made by section two of this act shall not affect the expiration of such
subparagraph and shall be deemed to expire therewith.
PART Y
Section 1. The education law is amended by adding a new section 355-d
to read as follows:
S 355-D. HELP INDIVIDUALS REACH EMPLOYMENT. 1. THE HELP INDIVIDUALS
REACH EMPLOYMENT PROGRAM (HIRE) IS HEREBY ESTABLISHED TO PROVIDE ADDI-
TIONAL SKILLS FOR COLLEGE GRADUATES TO INCREASE THEIR EMPLOYMENT MARKET-
ABILITY AND ATTAIN SUCCESSFUL JOB PLACEMENT.
2. TO BE ELIGIBLE TO PARTICIPATE IN THE HIRE PROGRAM, AN APPLICANT
SHALL HAVE: (A) RECEIVED AN UNDERGRADUATE DEGREE FROM THE STATE UNIVER-
SITY OF NEW YORK AND HAVE ACHIEVED A GRADE POINT AVERAGE OF 3.0 OR HIGH-
ER; (B) COMPLETED THEIR DEGREE IN NO MORE THAN FIVE YEARS, OR SIX YEARS
IF THE DEGREE TYPICALLY REQUIRES FIVE YEARS; (C) COMPLETED AN APPROVED
EXPERIENTIAL LEARNING ACTIVITY, AS DEFINED BY THE BOARD OF TRUSTEES; (D)
GRADUATED AND SOUGHT EMPLOYMENT FOR AT LEAST SIX MONTHS PRIOR TO THE
DATE OF APPLICATION; (E) BEEN UNSUCCESSFUL IN OBTAINING FULL-TIME
EMPLOYMENT; (F) PROVIDED DOCUMENTATION THAT SUCH APPLICANT HAS SOUGHT
EMPLOYMENT FOR SUCH A JOB IN NEW YORK STATE; AND (G) APPLIED FOR THE
S. 4206 121
DEGREE ENHANCEMENT FOR EMPLOYMENT PROGRAM WITHIN ONE YEAR AFTER THE DATE
OF GRADUATION.
3. THE TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK SHALL ESTABLISH OR
IDENTIFY EXISTING CERTIFICATE PROGRAMS THAT PROVIDE SKILLS FOR COLLEGE
GRADUATES TO ENHANCE THEIR EMPLOYMENT MARKETABILITY THAT ARE TAILORED TO
JOB MARKET NEEDS WHICH SHALL BE MADE AVAILABLE TO ALL ELIGIBLE APPLI-
CANTS FREE OF CHARGE TO SUCH APPLICANT. THE TRUSTEES SHALL PROMULGATE
RULES AND REGULATIONS IN CONSULTATION WITH THE DEPARTMENT OF LABOR TO
ENSURE SUCH PROGRAMS ARE ALIGNED WITH JOB MARKET AND INDUSTRY NEEDS. IF
THE STATE UNIVERSITY OF NEW YORK DOES NOT CURRENTLY OFFER CERTIFICATE
PROGRAMS THAT MEET THE REQUIREMENTS OF THIS SECTION, OR IF CURRENT
CERTIFICATE PROGRAMS ARE AT CAPACITY OR CAN NOT BE EXPANDED TO ADMIT ALL
ELIGIBLE APPLICANTS, SUCH PROGRAMS MAY BE OFFERED IN AN ON-LINE FORMAT
TO SATISFY THE REQUIREMENTS OF THIS SECTION.
4. IF THE COLLEGE FROM WHICH THE APPLICANT GRADUATED CURRENTLY OFFERS
A CERTIFICATE PROGRAM THAT MEETS THE REQUIREMENTS SET FORTH IN SUBDIVI-
SION THREE OF THIS SECTION, THEN IT SHALL BE THE CHOICE OF THE APPLICANT
TO EITHER ATTEND SUCH PROGRAM AT THAT CAMPUS OR COMPLETE SUCH PROGRAM
ON-LINE; OR IF A COMMUNITY COLLEGE IS CURRENTLY OFFERING A CERTIFICATE
PROGRAM THAT MEETS THE REQUIREMENTS IN SUBDIVISION THREE OF THIS
SECTION, SUCH APPLICANT SHALL HAVE THE CHOICE OF OBTAINING SUCH CERTIF-
ICATE FROM SUCH COMMUNITY COLLEGE FREE OF CHARGE TO THE APPLICANT. SUCH
COMMUNITY COLLEGE SHALL BE ENTITLED TO REIMBURSEMENT FOR THE COST OF
SUCH APPLICANT'S ATTENDANCE IN THE CERTIFICATE PROGRAM FROM THE STATE
UNIVERSITY OF NEW YORK FOUR YEAR INSTITUTION FROM WHICH THE APPLICANT
RECEIVED HIS OR HER BACHELOR'S DEGREE.
5. EACH STATE UNIVERSITY OF NEW YORK INSTITUTION THAT CONFERS FOUR
YEAR DEGREES SHALL INFORM ALL INCOMING FRESHMAN AND TRANSFER STUDENTS
ABOUT ANTICIPATED JOB AVAILABILITY PER EACH MAJOR AND APPROXIMATE SALARY
RANGES PER EACH MAJOR, WHICH DEGREES WILL TYPICALLY REQUIRE A GRADUATE
DEGREE OR ADDITIONAL EDUCATION BEYOND A BACHELOR'S DEGREE AND ABOUT SUCH
INSTITUTION'S UNDER GRADUATE STUDENT EMPLOYMENT RATES MEASURED WITHIN
ONE YEAR OF SUCH STUDENTS' GRADUATION.
S 2. Section 6206 of the education law is amended by adding a new
subdivision 18 to read as follows:
18. A. THE HELP INDIVIDUALS REACH EMPLOYMENT PROGRAM (HIRE) IS HEREBY
ESTABLISHED TO PROVIDE ADDITIONAL SKILLS FOR COLLEGE GRADUATES TO
INCREASE THEIR EMPLOYMENT MARKETABILITY AND ATTAIN SUCCESSFUL JOB PLACE-
MENT.
B. TO BE ELIGIBLE TO PARTICIPATE IN THE HIRE PROGRAM, AN APPLICANT
SHALL HAVE: (A) RECEIVED AN UNDERGRADUATE DEGREE FROM THE CITY UNIVERSI-
TY OF NEW YORK AND HAVE ACHIEVED A GRADE POINT AVERAGE OF 3.0 OR HIGHER;
(B) COMPLETED THEIR DEGREE IN NO MORE THAN FIVE YEARS, OR SIX YEARS IF
THE DEGREE TYPICALLY REQUIRES FIVE YEARS; (C) COMPLETED AN APPROVED
EXPERIENTIAL LEARNING ACTIVITY, AS DEFINED BY THE BOARD OF TRUSTEES; (D)
GRADUATED AND SOUGHT EMPLOYMENT FOR AT LEAST SIX MONTHS PRIOR TO THE
DATE OF APPLICATION; (E) BEEN UNSUCCESSFUL IN OBTAINING FULL-TIME
EMPLOYMENT; (F) PROVIDED DOCUMENTATION THAT SUCH APPLICANT HAS SOUGHT
EMPLOYMENT FOR SUCH A JOB IN NEW YORK STATE; AND (G) APPLIED FOR THE
DEGREE ENHANCEMENT FOR EMPLOYMENT PROGRAM WITHIN ONE YEAR AFTER THE DATE
OF GRADUATION.
C. THE TRUSTEES OF THE CITY UNIVERSITY OF NEW YORK SHALL ESTABLISH OR
IDENTIFY EXISTING CERTIFICATE PROGRAMS THAT PROVIDE SKILLS FOR COLLEGE
GRADUATES TO ENHANCE THEIR EMPLOYMENT MARKETABILITY THAT ARE TAILORED TO
JOB MARKET NEEDS, WHICH SHALL BE MADE AVAILABLE TO ALL ELIGIBLE APPLI-
CANTS FREE OF CHARGE TO SUCH APPLICANT. THE TRUSTEES SHALL PROMULGATE
S. 4206 122
RULES AND REGULATIONS IN CONSULTATION WITH THE DEPARTMENT OF LABOR TO
ENSURE SUCH PROGRAMS ARE ALIGNED WITH JOB MARKET AND INDUSTRY NEEDS. IF
THE CITY UNIVERSITY OF NEW YORK DOES NOT CURRENTLY OFFER CERTIFICATE
PROGRAMS THAT MEET THE REQUIREMENTS OF THIS SUBDIVISION, OR IF CURRENT
CERTIFICATE PROGRAMS ARE AT CAPACITY OR CAN NOT BE EXPANDED TO ADMIT ALL
ELIGIBLE APPLICANTS, SUCH PROGRAMS MAY BE OFFERED IN AN ON-LINE FORMAT
TO SATISFY THE REQUIREMENTS OF THIS SUBDIVISION.
D. IF THE COLLEGE FROM WHICH THE APPLICANT GRADUATED CURRENTLY OFFERS
A CERTIFICATE PROGRAM THAT MEETS THE REQUIREMENTS IN PARAGRAPH C OF THIS
SUBDIVISION, THEN IT SHALL BE THE CHOICE OF THE APPLICANT TO EITHER
ATTEND SUCH PROGRAM AT THAT CAMPUS OR COMPLETE SUCH PROGRAM ON-LINE; OR
IF A COMMUNITY COLLEGE IS CURRENTLY OFFERING A CERTIFICATE PROGRAM THAT
MEETS THE REQUIREMENTS IN PARAGRAPH C OF THIS SUBDIVISION, SUCH APPLI-
CANT SHALL HAVE THE CHOICE OF OBTAINING SUCH CERTIFICATE FROM SUCH
COMMUNITY COLLEGE FREE OF CHARGE TO THE APPLICANT. SUCH COMMUNITY
COLLEGE SHALL BE ENTITLED TO REIMBURSEMENT FOR THE COST OF SUCH APPLI-
CANT'S ATTENDANCE IN THE CERTIFICATE PROGRAM FROM THE CITY UNIVERSITY OF
NEW YORK FOUR YEAR INSTITUTION FROM WHICH THE APPLICANT RECEIVED HIS OR
HER BACHELOR'S DEGREE.
E. EACH CITY UNIVERSITY OF NEW YORK INSTITUTION THAT CONFERS FOUR YEAR
DEGREES SHALL INFORM ALL INCOMING FRESHMEN AND TRANSFER STUDENTS ABOUT
ANTICIPATED JOB AVAILABILITY PER EACH MAJOR AND APPROXIMATE SALARY RANG-
ES PER EACH MAJOR, WHICH DEGREES WILL TYPICALLY REQUIRE A GRADUATE
DEGREE OR ADDITIONAL EDUCATION BEYOND A BACHELOR'S DEGREE AND ABOUT SUCH
INSTITUTION'S UNDER GRADUATE STUDENT EMPLOYMENT RATES MEASURED WITHIN
ONE YEAR OF SUCH STUDENTS' GRADUATION.
S 3. This act shall take effect one year after it shall have become a
law.
PART Z
Section 1. The education law is amended by adding a new section 6303-b
to read as follows:
S 6303-B. RETRAIN AND EMPLOY UNEMPLOYED PERSONS PROGRAM. 1. DEFI-
NITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS.
(A) "GRANT PROGRAM" SHALL MEAN THE RETRAIN AND EMPLOY UNEMPLOYED
PERSONS PROGRAM OR THE RE-UP NEW YORK PROGRAM.
(B) "TRAINING PROGRAM OR WORKFORCE DEVELOPMENT PROGRAM" SHALL MEAN THE
COMMUNITY COLLEGE PROGRAMS CREATED OR IMPROVED PURSUANT TO THE GRANT
PROGRAM.
(C) "BOCES" SHALL MEAN BOARDS OF COOPERATIVE EDUCATIONAL SERVICES AS
DEFINED IN ARTICLE FORTY OF THIS CHAPTER.
2. BY NO LATER THAN JULY FIRST, TWO THOUSAND SIXTEEN THE STATE UNIVER-
SITY BOARDS OF TRUSTEES AND THE CITY UNIVERSITY BOARDS OF TRUSTEES SHALL
ESTABLISH A GRANT PROGRAM FOR COMMUNITY COLLEGES TO DEVELOP TRAINING
PROGRAMS OR IMPROVE EXISTING WORKFORCE DEVELOPMENT PROGRAMS FOR THE
PURPOSES OF TRAINING UNEMPLOYED INDIVIDUALS FOR JOBS IN THE REGIONS
SURROUNDING EACH COMMUNITY COLLEGE.
3. GRANTS SHALL BE AWARDED BY THE RESPECTIVE BOARDS OF TRUSTEES PURSU-
ANT TO APPROPRIATION IN AN AMOUNT UP TO ONE HUNDRED THOUSAND DOLLARS TO
COMMUNITY COLLEGES THAT CAN DEMONSTRATE THAT SUCH TRAINING PROGRAMS OR
WORKFORCE DEVELOPMENT PROGRAMS WILL PROVIDE THE REQUISITE TRAINING
REQUIRED FOR JOB PLACEMENT IN BUSINESSES AND INDUSTRIES WITHIN THE
REGION THAT LACK THE NECESSARY WORKFORCE OR THAT ARE SEEKING EMPLOYEES
S. 4206 123
WITH NEW SKILLS IN AN AREA WHERE JOB OPENINGS CURRENTLY EXIST OR WHERE
JOB GROWTH IS ANTICIPATED IN THE NEAR FUTURE.
4. TO BE ELIGIBLE TO RECEIVE A GRANT, A COMMUNITY COLLEGE MUST ALSO
DEMONSTRATE THAT SUCH COMMUNITY COLLEGE: (A) HAS PARTNERED WITH REGIONAL
BUSINESSES OR INDUSTRIES TO DETERMINE AREAS WHERE JOBS ARE AVAILABLE OR
ARE ANTICIPATED TO BECOME AVAILABLE AND A SKILLED WORKFORCE IS NEEDED;
(B) CONSULTS WITH THE DEPARTMENT OF LABOR TO TARGET UNEMPLOYED INDIVID-
UALS WHO SHALL BE GIVEN PRIORITY PLACEMENT INTO SUCH TRAINING PROGRAMS
OR WORKFORCE DEVELOPMENT PROGRAMS; AND (C) HAS INTEGRATED TO THE GREAT-
EST EXTENT PRACTICABLE THE RESOURCES AND CAPACITY OF ONE STOP CAREER
CENTERS CREATED PURSUANT TO THE LABOR LAW.
5. COMMUNITY COLLEGES MAY SEEK TO PROVIDE ON-SITE TRAINING OR MAY SEEK
TO HAVE PARTICIPANTS TRAINED ON JOB SITES.
6. THE COMMUNITY COLLEGE, IN CONSULTATION WITH LOCAL BUSINESS OR
INDUSTRY, SHALL DETERMINE THE LENGTH OF SUCH TRAINING OR WORKFORCE
DEVELOPMENT PROGRAM, PROVIDED THAT SUCH PROGRAM SHALL PROVIDE COMPETENCY
FOR A PARTICULAR BUSINESS OR INDUSTRY NEED. SUCCESSFUL COMPLETION OF
SUCH PROGRAMS SHALL BE SIGNIFIED BY THE RECEIPT OF A CERTIFICATE OF
COMPLETION, HOWEVER, TRAINING OR WORKFORCE DEVELOPMENT PROGRAMS NEED NOT
LEAD TO DEGREES OR OFFICIAL CERTIFICATIONS PROVIDED BY THE DEPARTMENT OR
THE DEPARTMENT OF STATE.
7. BEGINNING IN THE YEAR TWO THOUSAND SEVENTEEN AND THEREAFTER, PURSU-
ANT TO APPROPRIATION AND BASED ON THE AVAILABILITY OF FUNDS, COMMUNITY
COLLEGES SHALL BE ELIGIBLE TO RECEIVE AN ADDITIONAL ONE HUNDRED THOUSAND
DOLLARS IN ANY YEAR THAT MORE THAN EIGHTY-FIVE PERCENT OF ALL GRANT
PROGRAM PARTICIPANTS TRAINED BECOME EMPLOYED WITHIN THREE MONTHS OF
COMPLETING SUCH PROGRAM.
8. SUNY AND CUNY BOARDS OF TRUSTEES SHALL ALSO CONSULT WITH REGIONAL
BOCES TO DEVELOP OR IMPROVE CAREER TRAINING PROGRAMS THAT WILL PARTNER
WITH COMMUNITY COLLEGES AND BUSINESS INDUSTRIES TO TRAIN MIDDLE SCHOOL
OR HIGH SCHOOL STUDENTS. IN ORDER TO BE ELIGIBLE FOR A GRANT UNDER THIS
SUBDIVISION, SUCH CAREER TRAINING PROGRAMS SHALL RESULT IN HIGH SCHOOL
GRADUATION AND ENROLLMENT IN A COMMUNITY COLLEGE OR PARTICIPATION IN A
RE-UP NEW YORK TRAINING OR WORKFORCE DEVELOPMENT PROGRAM.
9. SUNY AND CUNY BOARDS OF TRUSTEES SHALL ALSO CONSULT WITH THE
DEPARTMENT OF LABOR AND OTHER GOVERNMENTAL ENTITIES AS APPROPRIATE
REGARDING THE INTEGRATION AND CONSOLIDATION OF ONE STOP CAREER CENTERS
INTO THE GRADUATE CAREER SERVICE OFFICES OR THE APPLICABLE JOB PLACEMENT
FUNCTION OF THE RESPECTIVE INSTITUTION.
S 2. This act shall take effect immediately.
PART AA
Section 1. Section 305 of the education law is amended by adding two
new subdivisions 53 and 54 to read as follows:
53. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO CREATE A CAREER
PATHWAY BEGINNING IN THE SEVENTH GRADE FOR STUDENTS THAT WILL CULMINATE
IN THE CONFERRAL OF AN ASSOCIATE OF OCCUPATIONAL STUDIES DEGREE OR
COMPLETION OF A POSTSECONDARY CAREER AND TECHNICAL EDUCATION PROGRAM
LEADING TO A CERTIFICATE PURSUANT TO SECTION SIX HUNDRED SIXTY-NINE-F OF
THIS CHAPTER. PARENTS OR LEGAL GUARDIANS OF A STUDENT ATTENDING A NEW
YORK STATE PUBLIC SCHOOL MAY OPT TO PLACE SUCH STUDENT INTO THE CAREER
PATHWAY CREATED PURSUANT TO THIS SUBDIVISION, BEGINNING IN THE SEVENTH
GRADE, PROVIDED THAT A PARENT OR LEGAL GUARDIAN MAY OPT TO PLACE SUCH
STUDENT INTO THE PROGRAM AT ANY POINT AFTER THE SEVENTH GRADE BUT PRIOR
TO ENTERING THE TWELFTH GRADE OF A NEW YORK STATE PUBLIC HIGH SCHOOL.
S. 4206 124
SUCH OPTION SHALL BE AVAILABLE BEGINNING WITH THE TWO THOUSAND SIXTEEN-
-TWO THOUSAND SEVENTEEN ACADEMIC YEAR. THE COMMISSIONER, IN CONSULTATION
WITH THE PRESIDENT OF THE HIGHER EDUCATION SERVICES CORPORATION, SHALL
DEVELOP ADVERTISING AND MARKETING MATERIALS TO BE DISTRIBUTED TO SCHOOL
DISTRICTS REGARDING SUCH PROGRAM NO LATER THAN JULY FIRST, TWO THOUSAND
SIXTEEN.
54. THE COMMISSIONER SHALL CONVENE A WORKGROUP TO MAKE RECOMMENDATIONS
TO THE BOARD OF REGENTS AND THE CHAIRS OF THE SENATE AND ASSEMBLY HIGHER
EDUCATION AND EDUCATION COMMITTEES NO LATER THAN JANUARY FIRST, TWO
THOUSAND SIXTEEN ON THE CREATION OF CAREER PATHWAYS FOR STUDENTS THAT
WILL LEAD TO AN ASSOCIATE OF OCCUPATIONAL STUDIES DEGREE OR THE
COMPLETION OF A POSTSECONDARY CAREER OR TECHNICAL EDUCATION PROGRAM THAT
LEADS TO A CERTIFICATE AND MEETS THE REQUIREMENTS OF PARAGRAPH B-1 OF
SUBDIVISION ONE OF SECTION SIX THOUSAND THREE HUNDRED FOUR OF THIS CHAP-
TER, PROVIDED THE DEGREE PROGRAM NEED NOT BE IN A HIGH-TECH SECTOR. THE
WORKGROUP SHALL CONSIST OF REPRESENTATIVES FROM SCHOOL DISTRICTS, BOARDS
OF COOPERATIVE EDUCATIONAL SERVICES AND LABOR ORGANIZATIONS REPRESENTING
TEACHERS. THE WORKGROUP SHALL MAKE RECOMMENDATIONS, WHICH SHALL INCLUDE,
BUT NOT BE LIMITED TO, THE FOLLOWING:
A. THE MOST EFFECTIVE WAYS FOR SCHOOLS TO IDENTIFY AND EXPOSE STUDENTS
TO A CAREER PATH IN PREPARATION FOR THE NEW YORK STATE CAREER PATHWAYS
AND PLACEMENT INCENTIVE PROGRAM ESTABLISHED PURSUANT TO SECTION SIX
HUNDRED SIXTY-NINE-F OF THIS CHAPTER;
B. CHANGES IN STATE LAW OR REGULATIONS REQUIRED TO CREATE A CAREER
PATHWAY FOR STUDENTS THAT WILL LEAD TO AN ASSOCIATE OF OCCUPATIONAL
STUDIES DEGREE OR THE COMPLETION OF A POSTSECONDARY CAREER OR TECHNICAL
EDUCATION PROGRAM THAT LEADS TO A CERTIFICATE AND MEETS THE REQUIREMENTS
CONTAINED IN PARAGRAPH B-1 OF SUBDIVISION ONE OF SECTION SIX THOUSAND
THREE HUNDRED FOUR OF THIS CHAPTER, PROVIDED THAT THE DEGREE PROGRAM
NEED NOT BE IN A HIGH-TECH SECTOR; AND
C. CERTIFICATE PROGRAMS TO BE DESIGNATED BY THE COMMISSIONER AS POST-
SECONDARY CAREER OR TECHNICAL EDUCATION PROGRAMS FOR THE PURPOSE OF
AWARDS MADE PURSUANT TO SECTION SIX HUNDRED SIXTY-NINE-F OF THIS CHAP-
TER.
S 2. The education law is amended by adding a new section 669-f to
read as follows:
S 669-F. NEW YORK STATE CAREER PATHWAYS AND PLACEMENT INCENTIVE
PROGRAM. 1. UNDERGRADUATE STUDENTS WHO ARE MATRICULATED IN AN APPROVED
UNDERGRADUATE PROGRAM LEADING TO AN ASSOCIATE OF OCCUPATIONAL STUDIES
DEGREE THAT MEETS THE REQUIREMENTS CONTAINED IN PARAGRAPH B-1 OF SUBDI-
VISION ONE OF SECTION SIX THOUSAND THREE HUNDRED FOUR OF THIS CHAPTER,
PROVIDED THAT THE PROGRAM NEED NOT BE IN A HIGH-TECH SECTOR, OR STUDENTS
MATRICULATED IN AN APPROVED POSTSECONDARY CAREER OR TECHNICAL EDUCATION
PROGRAM THAT LEADS TO A CERTIFICATE, SHALL BE ELIGIBLE FOR AN AWARD
UNDER THIS SECTION PROVIDED THE APPLICANT: (A) GRADUATES FROM A HIGH
SCHOOL LOCATED IN NEW YORK STATE DURING OR AFTER THE TWO THOUSAND
SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR; (B) ENROLLS IN FULL-TIME
STUDY EACH TERM BEGINNING IN THE FALL TERM AFTER HIS OR HER HIGH SCHOOL
GRADUATION IN AN APPROVED UNDERGRADUATE PROGRAM LEADING TO AN ASSOCIATE
OF OCCUPATIONAL STUDIES DEGREE OR THE COMPLETION OF A POSTSECONDARY
CAREER OR TECHNICAL EDUCATION PROGRAM THAT LEADS TO A CERTIFICATE; (C)
SIGNS A CONTRACT WITH THE CORPORATION AGREEING THAT HIS OR HER AWARD
WILL BE CONVERTED TO A STUDENT LOAN IN THE EVENT THE STUDENT FAILS TO
COMPLY WITH THE TERMS OF THIS PROGRAM AS SET FORTH IN SUBDIVISION FOUR
OF THIS SECTION; AND (D) COMPLIES WITH THE APPLICABLE PROVISIONS OF THIS
S. 4206 125
ARTICLE AND ALL REQUIREMENTS PROMULGATED BY THE CORPORATION FOR THE
ADMINISTRATION OF THIS PROGRAM.
2. AWARDS SHALL BE GRANTED BEGINNING WITH THE TWO THOUSAND SEVENTEEN-
-TWO THOUSAND EIGHTEEN ACADEMIC YEAR AND THEREAFTER TO APPLICANTS THAT
THE CORPORATION HAS DETERMINED ARE ELIGIBLE TO RECEIVE SUCH AWARDS. THE
CORPORATION SHALL GRANT SUCH AWARDS IN AN AMOUNT EQUAL TO THE AMOUNT OF
UNDERGRADUATE TUITION FOR RESIDENTS OF NEW YORK STATE CHARGED BY THE
STATE UNIVERSITY OF NEW YORK OR CITY UNIVERSITY OF NEW YORK COMMUNITY
COLLEGE ATTENDED BY SUCH APPLICANT, OR ACTUAL TUITION CHARGED, WHICHEVER
IS LESS; PROVIDED HOWEVER, (I) A STUDENT WHO RECEIVES EDUCATIONAL GRANTS
AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S FULL COST OF ATTENDANCE
SHALL NOT BE ELIGIBLE FOR AN AWARD UNDER THIS PROGRAM; (II) FOR A
STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER
LESS THAN THE STUDENT'S FULL COST OF ATTENDANCE, SUCH GRANTS AND/OR
SCHOLARSHIPS SHALL NOT BE DEEMED DUPLICATIVE OF THIS PROGRAM AND MAY BE
HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM, PROVIDED THAT THE
COMBINED BENEFITS DO NOT EXCEED THE STUDENT'S FULL COST OF ATTENDANCE;
AND (III) AN AWARD UNDER THIS PROGRAM SHALL BE APPLIED TO TUITION AFTER
THE APPLICATION OF ALL OTHER EDUCATIONAL GRANTS AND SCHOLARSHIPS LIMITED
TO TUITION AND SHALL BE REDUCED IN AN AMOUNT EQUAL TO SUCH EDUCATIONAL
GRANTS AND/OR SCHOLARSHIPS. UPON NOTIFICATION OF AN AWARD UNDER THIS
PROGRAM, THE INSTITUTION SHALL DEFER THE AMOUNT OF TUITION EQUAL TO THE
AWARD. NO AWARD SHALL BE FINAL UNTIL THE RECIPIENT'S SUCCESSFUL
COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITUTION.
3. AN ELIGIBLE RECIPIENT SHALL NOT RECEIVE AN AWARD FOR MORE THAN TWO
ACADEMIC YEARS OF FULL-TIME UNDERGRADUATE STUDY OR FIVE SEMESTERS IF THE
PROGRAM OF STUDY NORMALLY REQUIRES FIVE SEMESTERS, EXCLUDING ANY ALLOW-
ABLE INTERRUPTION OF STUDY, AS DETERMINED BY THE CORPORATION PURSUANT TO
REGULATION.
4. THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT OF
THE AWARD GIVEN PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING TO A
SCHEDULE TO BE DETERMINED BY THE CORPORATION IF: (A) A RECIPIENT FAILS
TO COMPLETE AN APPROVED UNDERGRADUATE PROGRAM LEADING TO AN ASSOCIATE OF
OCCUPATIONAL STUDIES DEGREE OR OTHER APPROVED POSTSECONDARY EDUCATION
PROGRAM THAT LEADS TO A CERTIFICATE; OR (B) UPON COMPLETION OF SUCH
UNDERGRADUATE DEGREE PROGRAM A RECIPIENT FAILS TO EITHER (I) COMPLETE
FIVE YEARS OF CONTINUOUS FULL-TIME EMPLOYMENT IN A FIELD ASSOCIATED WITH
SUCH UNDERGRADUATE DEGREE PROGRAM WITH A PUBLIC OR PRIVATE ENTITY
LOCATED IN NEW YORK STATE; OR (II) MAINTAIN RESIDENCY IN NEW YORK STATE
FOR SUCH PERIOD OF EMPLOYMENT; OR (C) A RECIPIENT FAILS TO RESPOND TO
REQUESTS BY THE CORPORATION FOR THE STATUS OF HIS OR HER ACADEMIC OR
PROFESSIONAL PROGRESS. THE TERMS AND CONDITIONS OF THIS SUBDIVISION
SHALL BE DEFERRED FOR INDIVIDUALS WHO GRADUATE WITH AN ASSOCIATE OF
OCCUPATIONAL STUDIES DEGREE OR GRADUATE FROM A POSTSECONDARY CAREER OR
TECHNICAL EDUCATION PROGRAM THAT LEADS TO A CERTIFICATE AND ENROLL ON AT
LEAST A HALF-TIME BASIS IN A HIGHER DEGREE PROGRAM OR OTHER PROFESSIONAL
LICENSURE DEGREE PROGRAM UNTIL THEY ARE CONFERRED A DEGREE, AND SHALL
ALSO BE DEFERRED FOR ANY INTERRUPTION IN UNDERGRADUATE STUDY OR EMPLOY-
MENT AS ESTABLISHED BY THE RULES AND REGULATIONS OF THE CORPORATION. THE
TERMS AND CONDITIONS OF THIS SUBDIVISION MAY ALSO BE DEFERRED FOR A
GRACE PERIOD, TO BE ESTABLISHED BY THE CORPORATION, FOLLOWING THE
COMPLETION OF AN APPROVED UNDERGRADUATE PROGRAM LEADING TO AN ASSOCIATE
OF OCCUPATIONAL STUDIES DEGREE, A BACHELORS OR HIGHER DEGREE PROGRAM, OR
OTHER PROFESSIONAL LICENSURE DEGREE PROGRAM. ANY OBLIGATION TO COMPLY
WITH SUCH PROVISIONS AS OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON
THE DEATH OF THE RECIPIENT. NOTWITHSTANDING ANY PROVISIONS OF THIS
S. 4206 126
SUBDIVISION TO THE CONTRARY, THE CORPORATION IS AUTHORIZED TO PROMULGATE
RULES AND REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY
FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
5. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS,
AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA-
TION OF THE PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO,
THE RATE OF INTEREST CHARGED FOR REPAYMENT OF THE STUDENT LOAN.
S 3. This act shall take effect immediately.
PART BB
Section 1. Section 3.11 of the arts and cultural affairs law is
amended to read as follows:
S 3.11. Grants by council; consideration to certain applicants. 1. In
issuing grants to applicants for council funds in the area of the
performing arts the council may give consideration to the applicant's
demonstration of an ability to enhance the state's capacity to attract
tourists as evidenced by showing that significant numbers of persons in
such audiences are or will be attracted to the applicant's geographical
area by reason of such applicant's program and evidence of advertising
and publicity designed and planned in such a manner as to reach poten-
tial audiences from outside the applicant's geographical area.
2. REGIONS OF THE STATE. THERE ARE HEREBY CREATED AND ESTABLISHED TEN
REGIONS WITHIN WHICH THE COUNCIL SHALL APPROVE GRANTS. THE TEN REGIONS
SHALL CONSIST OF THE SEVERAL COUNTIES AS FOLLOWS:
(A) REGION ONE, WHICH SHALL CONSIST OF THE COUNTIES OF ALBANY, COLUM-
BIA, GREENE, RENSSELAER, SARATOGA, SCHENECTADY, WARREN, AND WASHINGTON;
(B) REGION TWO, WHICH SHALL CONSIST OF THE COUNTIES OF FULTON, HERKIM-
ER, MONTGOMERY, ONEIDA, OTSEGO, AND SCHOHARIE;
(C) REGION THREE, WHICH SHALL CONSIST OF THE COUNTIES OF CAYUGA, CORT-
LAND, MADISON, ONONDAGA, AND OSWEGO;
(D) REGION FOUR, WHICH SHALL CONSIST OF THE COUNTIES OF GENESEE,
LIVINGSTON, MONROE, ONTARIO, ORLEANS, SENECA, WAYNE, WYOMING, AND YATES;
(E) REGION FIVE, WHICH SHALL CONSIST OF THE COUNTIES OF ALLEGANY,
CATTARAUGUS, CHAUTAUQUA, ERIE, AND NIAGARA;
(F) REGION SIX, WHICH SHALL CONSIST OF THE COUNTIES OF CLINTON, ESSEX,
FRANKLIN, HAMILTON, JEFFERSON, LEWIS, AND ST. LAWRENCE;
(G) REGION SEVEN, WHICH SHALL CONSIST OF THE COUNTIES OF DUTCHESS,
ORANGE, PUTNAM, ROCKLAND, SULLIVAN, ULSTER, AND WESTCHESTER;
(H) REGION EIGHT, WHICH SHALL CONSIST OF THE COUNTIES OF BROOME,
CHEMUNG, CHENANGO, DELAWARE, SCHUYLER, STEUBEN, TIOGA, AND TOMPKINS;
(I) REGION NINE, WHICH SHALL CONSIST OF THE COUNTIES OF NASSAU AND
SUFFOLK;
(J) REGION TEN, WHICH SHALL CONSIST OF THE COUNTIES OF BRONX, KINGS,
NEW YORK, QUEENS, AND RICHMOND.
3. THE AMOUNTS AVAILABLE FOR DISTRIBUTION, SUBJECT TO THE APPROPRI-
ATION AVAILABLE, SHALL BE APPORTIONED SUCH THAT EACH REGION AS DEFINED
IN SUBDIVISION TWO OF THIS SECTION, (A) IS APPORTIONED AN EQUAL AMOUNT
ON A PER CAPITA BASIS ACCORDING TO THE MOST RECENT DECENNIAL CENSUS
POPULATION FIGURES FOR NEW YORK STATE, AND (B) NO REGION SHALL BE APPOR-
TIONED LESS THAN THE AMOUNT IT WAS AWARDED IN THE TWO THOUSAND FOUR-
TEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR, AND (C) NO REGION SHALL BE
APPORTIONED AN AMOUNT GREATER THAN THE APPORTIONMENT PROVIDED FOR IN
PARAGRAPH (B) OF THIS SUBDIVISION IF SUCH REGION'S PERCENTAGE OF THE SUM
OF THE AMOUNTS AWARDED DIVIDED BY THE TOTAL STATEWIDE SUM OF THE AMOUNTS
AVAILABLE FOR DISTRIBUTION, SUBJECT TO THE APPROPRIATION AVAILABLE, IS
S. 4206 127
GREATER THAN SUCH REGION'S PERCENTAGE OF POPULATION TO THE TOTAL POPU-
LATION OF NEW YORK STATE ACCORDING TO THE MOST RECENT DECENNIAL CENSUS
OF POPULATION FIGURES FOR NEW YORK STATE.
S 2. This act shall take effect immediately.
PART CC
Section 1. Section 355 of the education law is amended by adding a new
subdivision 20 to read as follows:
20. THE STATE UNIVERSITY BOARDS OF TRUSTEES SHALL DIRECT EACH CAMPUS
TO DEVELOP A PERFORMANCE IMPROVEMENT PLAN THAT SHALL INCLUDE BUT NOT BE
LIMITED TO CRITERIA TO IMPROVE ACCESS, COMPLETION, ACADEMIC AND POST
GRADUATION SUCCESS, RESEARCH AND COMMUNITY ENGAGEMENT.
S 2. Section 6206 of the education law is amended by adding a new
subdivision 18 to read as follows:
18. THE CITY UNIVERSITY BOARDS OF TRUSTEES SHALL DIRECT EACH CAMPUS TO
DEVELOP A PERFORMANCE IMPROVEMENT PLAN THAT SHALL INCLUDE BUT NOT BE
LIMITED TO CRITERIA TO IMPROVE ACCESS, COMPLETION, ACADEMIC AND POST
GRADUATION SUCCESS, RESEARCH AND COMMUNITY ENGAGEMENT.
S 3. Section 6306 of the education law is amended by adding a new
subdivision 10 to read as follows:
10. EACH COMMUNITY COLLEGE SHALL DEVELOP A PERFORMANCE IMPROVEMENT
PLAN THAT SHALL INCLUDE BUT NOT BE LIMITED TO CRITERIA TO IMPROVE
ACCESS, COMPLETION, ACADEMIC AND POST GRADUATION SUCCESS, JOB PLACEMENT
OF GRADUATES, AND NEW PROGRAMS AND CERTIFICATIONS ALIGNED WITH THE NEEDS
OF LOCAL BUSINESS.
S 4. This act shall take effect immediately.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through CC of this act shall be
as specifically set forth in the last section of such Parts.
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