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

    S. 6406                                                  A. 9006

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

                            January 14, 2016
                               ___________

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

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

AN  ACT  to amend the education law, in relation to contracts for excel-
  lence and the apportionment of public moneys; to amend  the  education
  law,  in relation to applications for waivers of certain duties by the
  education department; to amend the education law in relation to  char-
  ter  schools;  to  establish  the  empire state pre-kindergarten grant
  board; to amend the  education  law,  in  relation  to  the  statewide
  universal  full-day  pre-kindergarten program; to amend chapter 552 of
  the laws of 1995, amending the education law relating to contracts for
  the transportation of school children, in relation to  the  effective-
  ness  thereof;  to  amend chapter 756 of the laws of 1992, relating to
  funding a program for work force education conducted by the consortium
  for worker education in New York city, in relation  to  reimbursements
  for  the  2015-2016  school  year; to amend chapter 756 of the laws of
  1992, relating to funding a program for work force education conducted
  by the consortium for worker education in New York city,  in  relation
  to  withholding  a portion of employment preparation education aid and
  in relation to the effectiveness thereof; to amend the  state  finance
  law,  in relation to the New York state teen health education fund; to
  amend chapter 169 of the laws of 1994, relating to certain  provisions
  related  to  the  1994-95 state operations, aid to localities, capital
  projects and debt service budgets, in relation  to  the  effectiveness
  thereof;  to amend chapter 82 of the laws of 1995, amending the educa-
  tion law and other laws relating to state aid to school districts  and
  the  appropriation of funds for the support of government, in relation
  to the effectiveness thereof; to amend chapter  147  of  the  laws  of
  2001,  amending  the education law relating to conditional appointment
  of school district, charter school or BOCES employees, in relation  to
  the  effectiveness  thereof; to amend chapter 425 of the laws of 2002,
  amending the education law relating to the provision  of  supplemental
  educational  services,  attendance  at  a  safe  public school and the

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

                      [ ] is old law to be omitted.
                                                           LBD12672-01-6

S. 6406                             2                            A. 9006

  suspension of pupils who bring a firearm to or possess a firearm at  a
  school, in relation to the effectiveness thereof; and to amend chapter
  101 of the laws of 2003, amending the education law relating to imple-
  mentation  of the No Child Left Behind Act of 2001, in relation to the
  effectiveness thereof  (Part  A);  to  amend  the  education  law,  in
  relation  to  school  emergency  response plans (Part B); to amend the
  education law, in relation to the city of New  York  assuming  greater
  financial  responsibility  for  the city university of New York senior
  colleges (Part C); to amend the education  law,  in  relation  to  the
  NY-SUNY  2020 challenge grant program act; and to amend chapter 260 of
  the laws of 2011, amending the education law and the  New  York  state
  urban  development corporation act relating to establishing components
  of the NY 2020 challenge grant program, in relation to the  effective-
  ness  thereof (Part D); to amend the state finance law, in relation to
  the creation of the SUNY Stony Brook Affiliation escrow fund (Part E);
  to amend the education law, in relation  to  eligibility  requirements
  and  conditions  governing general awards, academic performance awards
  and student loans; eligibility requirements for assistance  under  the
  higher  education  opportunity programs and the collegiate science and
  technology entry program; the definition of "resident"; financial  aid
  opportunities  for  students  of the state university of New York, the
  city university of New York and community colleges;  and  the  program
  requirements  for  the  New  York state college choice tuition savings
  program; and to repeal subdivision 3 of section 661 of such law relat-
  ing thereto (Part F); to amend the education law, chapter 161  of  the
  laws of 2005 amending the education law relating to the New York state
  licensed  social  worker  loan  forgiveness program, chapter 57 of the
  laws of 2005 amending the education law relating to the New York state
  nursing faculty loan forgiveness incentive program and  the  New  York
  state  nursing faculty scholarship program, and chapter 31 of the laws
  of 1985 amending the education law relating to regents scholarships in
  certain professions, in relation to forgiving loans upon the death  of
  the  recipient  (Part  G);  to  amend  the education law, the business
  corporation law, the partnership law and the limited liability company
  law, in relation to certified public accountants (Part  H);  to  amend
  chapter  91  of the laws of 2002, amending the education law and other
  laws  relating  to  reorganization  of  the  New  York   city   school
  construction  authority,  board  of education and community boards, in
  relation to the effectiveness thereof; and to amend chapter 345 of the
  laws of 2009, amending the education law and other  laws  relating  to
  the  New  York city board of education, chancellor, community councils
  and community superintendents, in relation to the effectiveness there-
  of (Part I); to amend the labor law, in relation to the apprenticeship
  training council (Part J); to amend the labor law, in relation to  the
  minimum  wage;  and  repealing certain provisions of such law relating
  thereto; and providing for the repeal of certain provisions  upon  the
  expiration  thereof  (Part  K); to amend the labor law, in relation to
  enhancing the urban youth jobs program tax credit  by  increasing  the
  sum  of  money  allocated to programs four and five (Part L); to amend
  the family court act, in relation to findings that  must  be  made  at
  permanency hearings, and to amend the social services law, in relation
  to  guardianship  expenses, the reasonable and prudent parent standard
  and the criminal history of prospective foster  and  adoptive  parents
  (Part  M);  to  amend  the  criminal procedure law, the penal law, the
  correction law, the education law, the executive law, the family court
  act and the social services law, in relation  to  proceedings  against

S. 6406                             3                            A. 9006

  juvenile  offenders  and  the  age of juvenile offenders and to repeal
  certain provisions of the criminal procedure law, the family court act
  and the executive law relating thereto (Part N); to amend  the  social
  services  law, in relation to increasing the standards of monthly need
  for aged, blind and disabled persons living in the community (Part O);
  and to utilize reserves in the mortgage  insurance  fund  for  various
  housing purposes (Part P)

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

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2016-2017
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through P. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 1 of part A of chapter 56 of the laws of
2015, is amended to read as follows:
  e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
district  that  submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for  excel-
lence  for  the  two  thousand  nine--two  thousand  ten  school year in
conformity with the requirements of subparagraph (vi) of paragraph a  of
subdivision  two  of this section unless all schools in the district are
identified as in good standing  and  provided  further  that,  a  school
district  that  submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in  the  district
are  identified  as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
graph  a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than  the  product  of  the  amount
approved  by the commissioner in the contract for excellence for the two
thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
district's  gap  elimination  adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as  in  good  standing,  shall  submit  a
contract  for excellence for the two thousand twelve--two thousand thir-
teen school  year  which  shall,  notwithstanding  the  requirements  of
subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
provide for the expenditure of an amount which shall be  not  less  than
the  amount  approved by the commissioner in the contract for excellence
for the  two  thousand  eleven--two  thousand  twelve  school  year  and
provided  further  that, a school district that submitted a contract for

S. 6406                             4                            A. 9006

excellence for the two thousand  twelve--two  thousand  thirteen  school
year,  unless  all  schools  in  the  district are identified as in good
standing, shall submit a contract for excellence for  the  two  thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the  requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner  in  the  contract
for excellence for the two thousand twelve--two thousand thirteen school
year  and  provided  further  that,  a  school district that submitted a
contract for excellence for  the  two  thousand  thirteen--two  thousand
fourteen  school year, unless all schools in the district are identified
as in good standing, shall submit a contract for excellence for the  two
thousand   fourteen--two  thousand  fifteen  school  year  which  shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a  of
subdivision  two  of  this  section,  provide  for the expenditure of an
amount which shall be not less than the amount approved by  the  commis-
sioner in the contract for excellence for the two thousand thirteen--two
thousand  fourteen  school  year;  and  provided  further that, a school
district that submitted a contract for excellence for the  two  thousand
fourteen--two  thousand  fifteen  school year, unless all schools in the
district are identified as in good standing, shall submit a contract for
excellence for the two thousand  fifteen--two  thousand  sixteen  school
year  which shall, notwithstanding the requirements of subparagraph (vi)
of paragraph a of subdivision two  of  this  section,  provide  for  the
expenditure  of  an  amount  which  shall  be  not  less than the amount
approved by the commissioner in the contract for excellence for the  two
thousand  fourteen--two  thousand  fifteen  school  year;  AND  PROVIDED
FURTHER THAT A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR  EXCELLENCE
FOR  THE  TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR, UNLESS
ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN  GOOD  STANDING,  SHALL
SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND SIXTEEN--TWO THOU-
SAND SEVENTEEN SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS
OF  SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION,
PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE  NOT  LESS  THAN
THE  AMOUNT  APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE
FOR THE TWO THOUSAND FIFTEEN--TWO  THOUSAND  SIXTEEN  SCHOOL  YEAR.  For
purposes  of this paragraph, the "gap elimination adjustment percentage"
shall be calculated as the sum of one minus the quotient of the  sum  of
the  school  district's  net gap elimination adjustment for two thousand
ten--two thousand eleven computed pursuant to chapter fifty-three of the
laws of two thousand ten,  making  appropriations  for  the  support  of
government,  plus  the  school district's gap elimination adjustment for
two thousand eleven--two thousand twelve as computed pursuant to chapter
fifty-three of the laws of two thousand  eleven,  making  appropriations
for  the  support  of the local assistance budget, including support for
general support for public schools, divided by the total aid for adjust-
ment computed pursuant to chapter fifty-three of the laws of  two  thou-
sand  eleven,  making  appropriations  for  the local assistance budget,
including support for general  support  for  public  schools.  Provided,
further,  that  such  amount  shall  be expended to support and maintain
allowable programs and activities approved in the two thousand nine--two
thousand ten school  year  or  to  support  new  or  expanded  allowable
programs and activities in the current year.
  S  2.  The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 2 of part A of chapter  56  of  the
laws of 2015, is amended to read as follows:

S. 6406                             5                            A. 9006

  For the two thousand eight--two thousand nine school year, each school
district  shall  be entitled to an apportionment equal to the product of
fifteen percent and the additional apportionment  computed  pursuant  to
this  subdivision  for the two thousand seven--two thousand eight school
year.  For  the two thousand nine--two thousand ten through two thousand
[fifteen] SIXTEEN--two thousand [sixteen] SEVENTEEN school  years,  each
school  district  shall  be  entitled  to  an apportionment equal to the
amount set forth for such school district as  "SUPPLEMENTAL  PUB  EXCESS
COST"  under  the  heading  "2008-09  BASE  YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of  the  budget
for  the  two  thousand  nine--two thousand ten school year and entitled
"SA0910".
  S 3. Subdivision 12 of section 3602 of the education law is amended by
adding a fourth undesignated paragraph to read as follows:
  FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, EACH
SCHOOL DISTRICT SHALL BE ENTITLED  TO  AN  APPORTIONMENT  EQUAL  TO  THE
AMOUNT  SET  FORTH  FOR  SUCH  SCHOOL DISTRICT AS "ACADEMIC ENHANCEMENT"
UNDER THE HEADING "2015-16 ESTIMATED AIDS" IN THE  SCHOOL  AID  COMPUTER
LISTING  PRODUCED  BY  THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE
TWO THOUSAND FIFTEEN--TWO THOUSAND  SIXTEEN  SCHOOL  YEAR  AND  ENTITLED
"SA151-6",  AND  SUCH APPORTIONMENT SHALL BE DEEMED TO SATISFY THE STATE
OBLIGATION TO PROVIDE AN APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT  OF
SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE.
  S  4.  The  opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 4 of part A of chapter  56  of  the
laws of 2015, is amended to read as follows:
  Each  school  district  shall  be  eligible  to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school  year,
which  shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment  received
by  the school district pursuant to this subdivision in the two thousand
seven--two thousand eight school year,  multiplied  by  the  due-minimum
factor,  which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b  of  subdivision  three  of  this
section that is less than two, seventy percent (0.70), and for all other
districts,  fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the  two  thousand  nine--two
thousand  ten  through two thousand twelve--two thousand thirteen school
years in the amount set forth for such school district as "HIGH TAX AID"
under the heading "2008-09 BASE YEAR AIDS" in the  school  aid  computer
listing  produced  by  the commissioner in support of the budget for the
two thousand nine--two thousand ten school year and  entitled  "SA0910".
Each  school district shall be eligible to receive a high tax aid appor-
tionment in the two thousand  thirteen--two  thousand  fourteen  through
[two  thousand  fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO
THOUSAND SEVENTEEN school years equal to the greater of (1)  the  amount
set  forth  for such school district as "HIGH TAX AID" under the heading
"2008-09 BASE YEAR AIDS" in the school aid computer listing produced  by
the commissioner in support of the budget for the two thousand nine--two
thousand  ten  school  year  and entitled "SA0910" or (2) the amount set
forth for such school district as  "HIGH  TAX  AID"  under  the  heading
"2013-14  ESTIMATED AIDS" in the school aid computer listing produced by
the commissioner in support of the  executive  budget  for  the  2013-14
fiscal year and entitled "BT131-4".

S. 6406                             6                            A. 9006

  S  5. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 5 of part A of chapter  56  of  the
laws of 2015, is amended to read as follows:
  Notwithstanding  any provision of law to the contrary, for aid payable
in the two thousand eight--two thousand nine school year, the  grant  to
each eligible school district for universal prekindergarten aid shall be
computed  pursuant  to this subdivision, and for the two thousand nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each school district shall be eligible for a maximum grant equal to  the
amount  computed for such school district for the base year in the elec-
tronic data file produced by the commissioner  in  support  of  the  two
thousand  nine--two  thousand ten education, labor and family assistance
budget, provided, however, that in the case of a  district  implementing
programs  for  the  first time or implementing expansion programs in the
two thousand eight--two thousand nine school year  where  such  programs
operate  for a minimum of ninety days in any one school year as provided
in section 151-1.4 of the regulations of the commissioner, for  the  two
thousand nine--two thousand ten and two thousand ten--two thousand elev-
en  school  years,  such school district shall be eligible for a maximum
grant equal to the amount computed pursuant to paragraph a  of  subdivi-
sion  nine  of this section in the two thousand eight--two thousand nine
school year, and for the two thousand eleven--two thousand twelve school
year each school district shall be eligible for a maximum grant equal to
the amount set forth for such school district as  "UNIVERSAL  PREKINDER-
GARTEN"  under  the  heading  "2011-12 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the  enacted
budget  for  the 2011-12 school year and entitled "SA111-2", and for two
thousand twelve--two thousand thirteen through  two  thousand  [fifteen]
SIXTEEN--two  thousand  [sixteen]  SEVENTEEN  school  years  each school
district shall be eligible for a maximum grant equal to the  greater  of
(i)  the amount set forth for such school district as "UNIVERSAL PREKIN-
DERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school  aid
computer  listing produced by the commissioner in support of the enacted
budget for the 2011-12 school year and entitled "SA111-2", or  (ii)  the
amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN"
under  the  heading  "2010-11 BASE YEAR AIDS" in the school aid computer
listing produced by the commissioner  on  May  fifteenth,  two  thousand
eleven  pursuant  to  paragraph  b  of subdivision twenty-one of section
three hundred five of this chapter, and provided further that the  maxi-
mum  grant shall not exceed the total actual grant expenditures incurred
by the school district in the current school year  as  approved  by  the
commissioner.
  S  6.  Paragraph  h of subdivision 17 of section 3602 of the education
law, as added by section 5-b of part A of chapter  56  of  the  laws  of
2015, is amended and a new paragraph i is added to read as follows:
  h.  [The  gap  elimination  adjustment  restoration amount for the two
thousand sixteen--two thousand  seventeen  school  year  and  thereafter
shall  equal  the  product  of  the  gap elimination percentage for such
district and  the  gap  elimination  adjustment  restoration  allocation
established  pursuant  to  subdivision eighteen of this section] THE GAP
ELIMINATION ADJUSTMENT RESTORATION AMOUNT FOR THE TWO THOUSAND  SIXTEEN-
-TWO  THOUSAND  SEVENTEEN  SCHOOL  YEAR  FOR  A SCHOOL DISTRICT SHALL BE
COMPUTED BASED ON DATA ON FILE WITH THE COMMISSIONER AND IN THE DATABASE
USED BY THE COMMISSIONER TO PRODUCE AN UPDATED ELECTRONIC DATA  FILE  IN
SUPPORT  OF  THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND
SIXTEEN--TWO THOUSAND SEVENTEEN STATE FISCAL YEAR AND  SHALL  EQUAL  THE

S. 6406                             7                            A. 9006

SUM  OF  THE  SCALED  EXTRAORDINARY  NEEDS  RESTORATION PLUS THE MINIMUM
RESTORATION, PROVIDED THAT SUCH GAP ELIMINATION  ADJUSTMENT  RESTORATION
AMOUNT  SHALL  NOT  EXCEED  THE  GAP ELIMINATION ADJUSTMENT FOR THE BASE
YEAR.
  (I) THE "SCALED EXTRAORDINARY NEEDS RESTORATION" SHALL EQUAL THE PROD-
UCT  OF  THE  GRANT  PER  PUPIL  MULTIPLIED  BY  THE STATE SHARING RATIO
COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE  OF  THIS  SECTION
MULTIPLIED  BY  THE  BASE  YEAR  PUBLIC  SCHOOL  DISTRICT  ENROLLMENT AS
COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION  ONE
OF  THIS  SECTION,  WHERE  (A)  THE  GRANT  PER PUPIL SHALL BE SIXTY-SIX
DOLLARS ($66.00) MULTIPLIED BY THE EXTRAORDINARY NEEDS  INDEX  TRUNCATED
TO  TWO  DECIMALS, AND (B) THE EXTRAORDINARY NEEDS INDEX SHALL EQUAL THE
QUOTIENT TRUNCATED TO THREE DECIMALS ARRIVED AT BY DIVIDING THE EXTRAOR-
DINARY NEEDS PERCENT COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE
OF THIS SECTION BY THE STATEWIDE AVERAGE EXTRAORDINARY NEEDS PERCENT  OF
FIFTY-FOUR AND EIGHT-TENTHS PERCENT (0.548).
  (II) THE MINIMUM RESTORATION SHALL EQUAL THE PRODUCT OF THIRTY PERCENT
(0.3) MULTIPLIED BY THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR.
  I.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, FOR THE TWO
THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL  YEAR  AND  THEREAFTER,
THE GAP ELIMINATION ADJUSTMENT SHALL BE ZERO.
  S 7. Subdivision 4 of section 3602 of the education law, as amended by
section  5-a  of part A of chapter 56 of the laws of 2015, is amended to
read as follows:
  4. Total foundation aid. In addition to any other apportionment pursu-
ant to this chapter, a school district, other than a special act  school
district as defined in subdivision eight of section four thousand one of
this  chapter,  shall  be eligible for total foundation aid equal to the
product of total  aidable  foundation  pupil  units  multiplied  by  the
district's  selected  foundation aid, which shall be the greater of five
hundred dollars ($500) or foundation formula aid, provided, however that
for the two thousand seven--two  thousand  eight  through  two  thousand
eight--two  thousand nine school years, no school district shall receive
total foundation aid in excess of the sum of the  total  foundation  aid
base  for  aid  payable  in  the  two thousand seven--two thousand eight
school year computed pursuant to subparagraph  (i)  of  paragraph  j  of
subdivision  one  of this section, plus the phase-in foundation increase
computed pursuant to paragraph  b  of  this  subdivision,  and  provided
further  that  for the two thousand twelve--two thousand thirteen school
year, no school district shall receive total foundation aid in excess of
the sum of the total foundation aid base for  aid  payable  in  the  two
thousand  eleven--two  thousand  twelve school year computed pursuant to
SUBPARAGRAPH (II) OF paragraph j of subdivision  one  of  this  section,
plus  the  phase-in foundation increase computed pursuant to paragraph b
of this subdivision, and provided further  that  for  the  two  thousand
thirteen--two  thousand  fourteen  school year and thereafter, no school
district shall receive total foundation aid in excess of the sum of  the
total  foundation  aid  base  computed  pursuant to SUBPARAGRAPH (II) OF
paragraph j of subdivision one of this section, plus the phase-in  foun-
dation  increase  computed  pursuant to paragraph b of this subdivision,
AND PROVIDED FURTHER THAT FOR THE  TWO  THOUSAND  SIXTEEN--TWO  THOUSAND
SEVENTEEN  SCHOOL YEAR, FOR A SCHOOL DISTRICT WHERE THE PHASE-IN FOUNDA-
TION INCREASE AND THE DUE MINIMUM ARE LESS THAN THE ALTERNATIVE  MINIMUM
COMPUTED  PURSUANT TO PARAGRAPH B-2 OF THIS SECTION, SUCH DISTRICT SHALL
RECEIVE TOTAL FOUNDATION  AID,  IN  LIEU  OF  SUCH  PHASE-IN  FOUNDATION
INCREASE  OR  DUE  MINIMUM,  EQUAL TO THE SUM OF THE FOUNDATION AID BASE

S. 6406                             8                            A. 9006

COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH J OF SUBDIVISION ONE
OF THIS SECTION, PLUS THE ALTERNATIVE MINIMUM COMPUTED PURSUANT TO PARA-
GRAPH B-2 OF THIS SECTION, and provided further  that  total  foundation
aid  shall not be less than the product of the total foundation aid base
computed pursuant to paragraph j of subdivision one of this section  and
the due-minimum percent which shall be, for the two thousand twelve--two
thousand  thirteen  school  year,  one  hundred  and  six-tenths percent
(1.006) and for the two thousand thirteen--two thousand fourteen  school
year  for  city  school  districts of those cities having populations in
excess of one hundred twenty-five thousand and  less  than  one  million
inhabitants  one  hundred  and one and one hundred and seventy-six thou-
sandths percent (1.01176), and for all other districts one  hundred  and
three-tenths  percent  (1.003),  and  for the two thousand fourteen--two
thousand fifteen school year  one  hundred  and  eighty-five  hundredths
percent (1.0085), and for the two thousand fifteen--two thousand sixteen
school  year,  one hundred thirty-seven hundredths percent (1.0037), AND
FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN  SCHOOL  YEAR,  ONE
PLUS  THE  LESSER  OF  TWO PERCENT (0.02) OR THE PRODUCT OF TWENTY-THREE
HUNDREDTHS PERCENT (0.023) MULTIPLIED BY A CWR RATIO  AND  TRUNCATED  TO
FOUR  DECIMALS, WHERE SUCH CWR RATIO SHALL BE THE DIFFERENCE OBTAINED BY
SUBTRACTING FROM ONE AND THIRTY-SEVEN HUNDREDTHS (1.37) THE  PRODUCT  OF
ONE  AND  FIFTY-FIVE HUNDREDTHS (1.55) MULTIPLIED BY THE COMBINED WEALTH
RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO  OF
PARAGRAPH  C  OF  SUBDIVISION  THREE  OF THIS SECTION TRUNCATED TO THREE
DECIMALS, PROVIDED HOWEVER THAT SUCH CWR RATIO SHALL NOT BE GREATER THAN
ONE NOR LESS THAN ZERO, subject to allocation pursuant to the provisions
of subdivision eighteen of this section and any provisions of a  chapter
of  the laws of New York as described therein, nor more than the product
of such total foundation aid base and one hundred fifteen  percent,  and
provided  further  that  for  the  two  thousand  nine--two thousand ten
through two thousand eleven--two  thousand  twelve  school  years,  each
school district shall receive total foundation aid in an amount equal to
the  amount  apportioned  to  such  school district for the two thousand
eight--two thousand nine school year pursuant to this subdivision. Total
aidable foundation pupil units shall be calculated pursuant to paragraph
g of subdivision two of this section. For the  purposes  of  calculating
aid  pursuant  to  this subdivision, aid for the city school district of
the city of New York shall be calculated on a citywide basis.
  a. Foundation formula aid. Foundation  formula  aid  shall  equal  the
remainder  when  the  expected  minimum local contribution is subtracted
from the product of the foundation amount, the regional cost index,  and
the  pupil  need  index,  or: (foundation amount x regional cost index x
pupil need index)- expected minimum local contribution.
  (1) The foundation amount shall reflect the average per pupil cost  of
general  education instruction in successful school districts, as deter-
mined by a statistical analysis of the costs of  special  education  and
general  education  in  successful  school  districts, provided that the
foundation amount shall be adjusted annually to reflect  the  percentage
increase in the consumer price index as computed pursuant to PARAGRAPH E
OF SUBDIVISION FOUR OF section two thousand [twenty-two] TWENTY-THREE of
this  chapter,  provided  that  for the two thousand eight--two thousand
nine school year, for the purpose of  such  adjustment,  the  percentage
increase in the consumer price index shall be deemed to be two and nine-
tenths  percent (0.029), and provided further that the foundation amount
for the two thousand seven--two thousand eight school year shall be five
thousand two hundred fifty-eight dollars, and provided further that  for

S. 6406                             9                            A. 9006

the   two  thousand  seven--two  thousand  eight  through  two  thousand
[fifteen] SIXTEEN--two thousand [sixteen] SEVENTEEN  school  years,  the
foundation  amount  shall be further adjusted by the phase-in foundation
percent established pursuant to paragraph b of this subdivision.
  (2)  The regional cost index shall reflect an analysis of labor market
costs based on median salaries in professional occupations that  require
similar  credentials  to  those of positions in the education field, but
not including those occupations in the education  field,  provided  that
the regional cost indices for the two thousand seven--two thousand eight
school year and thereafter shall be as follows:
          Labor Force Region  Index
          Capital District    1.124
          Southern Tier       1.045
          Western New York    1.091
          Hudson Valley       1.314
          Long Island/NYC     1.425
          Finger Lakes        1.141
          Central New York    1.103
          Mohawk Valley       1.000
          North Country       1.000
  (3)  The pupil need index shall equal the sum of one plus the extraor-
dinary needs percent, provided, however, that the pupil need index shall
not be less than one nor more than two. The extraordinary needs  percent
shall  be  calculated pursuant to paragraph w of subdivision one of this
section.
  (4) The expected minimum local contribution shall equal the lesser  of
(i)  the product of (A) the quotient arrived at when the selected actual
valuation is divided by total wealth foundation pupil units,  multiplied
by  (B)  the  product  of the local tax factor, multiplied by the income
wealth index, or (ii) the product of (A) the product of  the  foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B)  the  positive  difference,  if  any, of one minus the state sharing
ratio for total foundation aid. The local tax  factor  shall  be  estab-
lished by May first of each year by determining the product, computed to
four  decimal  places  without rounding, of ninety percent multiplied by
the quotient of the sum of the statewide average tax rate as computed by
the commissioner for the current year in accordance with the  provisions
of  paragraph  e of subdivision one of section thirty-six hundred nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner for the base year in accordance with  such  provisions  plus  the
statewide  average  tax  rate  computed by the commissioner for the year
prior to the base year in accordance with such  provisions,  divided  by
three,  provided  however  that for the two thousand seven--two thousand
eight school year, such local tax factor shall  be  sixteen  thousandths
(0.016), and provided further that for the two thousand eight--two thou-
sand  nine  school  year,  such  local  tax  factor shall be one hundred
fifty-four ten thousandths (0.0154). The income wealth  index  shall  be
calculated pursuant to paragraph d of subdivision three of this section,
provided, however, that for the purposes of computing the expected mini-
mum  local  contribution  the income wealth index shall not be less than
sixty-five percent (0.65) and shall not be more than two hundred percent
(2.0) and provided however that such income wealth index  shall  not  be
more  than  ninety-five  percent  (0.95) for the two thousand eight--two
thousand nine school year, and provided further that such income  wealth
index  shall  not  be  less than zero for the two thousand thirteen--two
thousand fourteen school year. The selected actual  valuation  shall  be

S. 6406                            10                            A. 9006

calculated  pursuant  to paragraph c of subdivision one of this section.
Total wealth foundation pupil units  shall  be  calculated  pursuant  to
paragraph h of subdivision two of this section.
  b.  Phase-in foundation increase. (1) The phase-in foundation increase
shall equal the product  of  the  phase-in  foundation  increase  factor
multiplied by the positive difference, if any, of (i) the product of the
total  aidable  foundation  pupil  units  multiplied  by  the district's
selected foundation aid less (ii) the total foundation aid base computed
pursuant to paragraph j of subdivision one of this section.
  (2) (i) Phase-in foundation percent. The phase-in  foundation  percent
shall  equal  one  hundred  thirteen and fourteen one hundredths percent
(1.1314) for the two thousand eleven--two thousand twelve  school  year,
one hundred ten and thirty-eight hundredths percent (1.1038) for the two
thousand  twelve--two  thousand  thirteen school year, one hundred seven
and sixty-eight hundredths percent (1.0768) for the two  thousand  thir-
teen--two  thousand  fourteen  school  year,  one  hundred  five and six
hundredths percent (1.0506) for the two thousand fourteen--two  thousand
fifteen  school  year,  and  one  hundred  two  and  five tenths percent
(1.0250) for the two thousand fifteen--two thousand sixteen school year.
  (ii)  Phase-in  foundation  increase  factor.  For  the  two  thousand
eleven--two   thousand  twelve  school  year,  the  phase-in  foundation
increase factor shall equal thirty-seven and  one-half  percent  (0.375)
and  the phase-in due minimum percent shall equal nineteen and forty-one
hundredths percent (0.1941), for the two thousand  twelve--two  thousand
thirteen school year the phase-in foundation increase factor shall equal
one and seven-tenths percent (0.017), for the two thousand thirteen--two
thousand  fourteen  school  year the phase-in foundation increase factor
shall equal (1) for a city school district in a city having a population
of one  million  or  more,  five  and  twenty-three  hundredths  percent
(0.0523) or (2) for all other school districts zero percent, for the two
thousand fourteen--two thousand fifteen school year the phase-in founda-
tion  increase  factor  shall  equal (1) for a city school district of a
city having a population of one million or  more,  four  and  thirty-two
hundredths  percent  (0.0432)  or (2) for a school district other than a
city school district having a population of  one  million  or  more  for
which  (A)  the  quotient  of  the positive difference of the foundation
formula aid minus the foundation aid base computed pursuant to paragraph
j of subdivision one of this section divided by the  foundation  formula
aid  is greater than twenty-two percent (0.22) and (B) a combined wealth
ratio less than thirty-five hundredths (0.35), seven percent  (0.07)  or
(3)  for  all  other  school  districts,  four and thirty-one hundredths
percent (0.0431), and for the two thousand fifteen--two thousand sixteen
school year the phase-in foundation increase factor shall equal: (1) for
a city school district of a city having a population of one  million  or
more,   thirteen   and  two  hundred  seventy-four  thousandths  percent
(0.13274); or (2) for districts  where  the  quotient  arrived  at  when
dividing  (A)  the  product  of the total aidable foundation pupil units
multiplied by the district's selected  foundation  aid  less  the  total
foundation  aid base computed pursuant to paragraph j of subdivision one
of this section divided by (B) the product of the total aidable  founda-
tion pupil units multiplied by the district's selected foundation aid is
greater  than nineteen percent (0.19), and where the district's combined
wealth ratio is less than  thirty-three  hundredths  (0.33),  seven  and
seventy-five  hundredths percent (0.0775); or (3) for any other district
designated as high need pursuant to clause (c) of  subparagraph  two  of
paragraph  c  of  subdivision  six  of  this  section for the school aid

S. 6406                            11                            A. 9006

computer listing produced by the commissioner in support of the  enacted
budget  for  the  two thousand seven--two thousand eight school year and
entitled "SA0708", four  percent  (0.04);  or  (4)  for  a  city  school
district  in a city having a population of one hundred twenty-five thou-
sand or more but less than one million, fourteen percent (0.14); or  (5)
for school districts that were designated as small city school districts
or  central  school  districts  whose  boundaries include a portion of a
small city for the school aid computer listing produced by  the  commis-
sioner  in support of the enacted budget for the two thousand fourteen--
two thousand fifteen school year and entitled "SA1415", four  and  seven
hundred  fifty-  one thousandths percent (0.04751); or (6) for all other
districts one percent (0.01), and  for  THE  TWO  THOUSAND  SIXTEEN--TWO
THOUSAND  SEVENTEEN  SCHOOL YEAR THE PHASE-IN FOUNDATION INCREASE FACTOR
SHALL EQUAL THE GREATER OF: (1) FOR A CITY SCHOOL  DISTRICT  OF  A  CITY
HAVING  A  POPULATION  OF  ONE  MILLION  OR  MORE,  NINE  AND THIRTY-TWO
HUNDREDTHS PERCENT (0.0932); OR (2) FOR A CITY SCHOOL DISTRICT OF A CITY
HAVING A POPULATION OF MORE THAN ONE HUNDRED  TWENTY-FIVE  THOUSAND  BUT
LESS  THAN ONE MILLION, THREE AND ONE-HALF PERCENT (0.035); OR (3) FOR A
DISTRICT WITH A SPARSITY COUNT  COMPUTED  PURSUANT  TO  PARAGRAPH  R  OF
SUBDIVISION ONE OF THIS SECTION GREATER THAN ZERO, THE LESSER OF (I) THE
PRODUCT OF NINE AND THIRTY-TWO HUNDREDTHS PERCENT (0.0932) MULTIPLIED BY
THE  PHASE-IN  CWR SPARSITY RATIO TRUNCATED TO FOUR DECIMALS, WHERE SUCH
PHASE-IN  CWR  SPARSITY  RATIO  SHALL  BE  THE  DIFFERENCE  OBTAINED  BY
SUBTRACTING  FROM  ONE AND THIRTY-SEVEN HUNDREDTHS (1.37) THE PRODUCT OF
ONE AND THIRTY-FIVE HUNDREDTHS (1.35) MULTIPLIED BY THE COMBINED  WEALTH
RATIO  FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF
PARAGRAPH C OF SUBDIVISION THREE OF  THIS  SECTION  TRUNCATED  TO  THREE
DECIMALS,  PROVIDED  HOWEVER THAT SUCH PHASE-IN CWR SPARSITY RATIO SHALL
NOT BE GREATER THAN ONE NOR LESS THAN ZERO OR (II) SIX  PERCENT  (0.06);
OR  (4)  THE  LESSER  OF  (I)  THE PRODUCT OF THREE AND ONE-HALF PERCENT
(0.035) MULTIPLIED BY THE PHASE-IN CWR RATIO TRUNCATED TO FOUR DECIMALS,
WHERE SUCH PHASE-IN CWR  RATIO  SHALL  BE  THE  DIFFERENCE  OBTAINED  BY
SUBTRACTING  FROM  ONE AND THIRTY-SEVEN HUNDREDTHS (1.37) THE PRODUCT OF
ONE AND THREE-TENTHS (1.30) MULTIPLIED BY THE COMBINED WEALTH RATIO  FOR
TOTAL  FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH
C OF SUBDIVISION THREE OF THIS  SECTION  TRUNCATED  TO  THREE  DECIMALS,
PROVIDED  HOWEVER THAT SUCH PHASE-IN CWR RATIO SHALL NOT BE GREATER THAN
ONE NOR LESS THAN ZERO OR (II) THREE PERCENT (0.03);  AND  FOR  the  two
thousand [sixteen--two thousand seventeen] SEVENTEEN--TWO THOUSAND EIGH-
TEEN  school  year and thereafter the commissioner shall annually deter-
mine the phase-in  foundation  increase  factor  subject  to  allocation
pursuant  to  the provisions of subdivision eighteen of this section and
any provisions of a chapter of the laws of New York as described  there-
in.
  b-1.  Notwithstanding  any other provision of law to the contrary, for
the two thousand seven--two thousand eight school year  and  thereafter,
the  additional  amount payable to each school district pursuant to this
subdivision in the current year as total foundation aid, after deducting
the total foundation aid base, shall be deemed  a  state  grant  in  aid
identified  by  the commissioner for general use for purposes of section
seventeen hundred eighteen of this chapter.
  B-2. ALTERNATIVE MINIMUM. THE ALTERNATIVE MINIMUM SHALL BE  THE  POSI-
TIVE  DIFFERENCE,  IF  ANY,  OBTAINED  BY  SUBTRACTING  THE  ALTERNATIVE
INCREASE FROM THE PRODUCT OF THE  ALTERNATIVE  BASE  MULTIPLIED  BY  TWO
PERCENT  (0.02).  FOR  PURPOSES  OF THIS SUBDIVISION, "ALTERNATIVE BASE"
SHALL MEAN A SCHOOL DISTRICT'S APPORTIONMENT OF FOUNDATION AID  FOR  THE

S. 6406                            12                            A. 9006

TWO  THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AS SET FORTH FOR
EACH SCHOOL DISTRICT AS "2015-16  FOUNDATION  AID"  IN  THE  SCHOOL  AID
COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN
SCHOOL  YEAR AND ENTITLED "BT161-7" MINUS THE GAP ELIMINATION ADJUSTMENT
FOR THE TWO THOUSAND FIFTEEN--TWO  THOUSAND  SIXTEEN  SCHOOL  YEAR.  FOR
PURPOSES  OF THIS SUBDIVISION, "ALTERNATIVE INCREASE" SHALL MEAN THE SUM
OF (1) THE GAP ELIMINATION ADJUSTMENT RESTORATION COMPUTED FOR  THE  TWO
THOUSAND  SIXTEEN--TWO  THOUSAND SEVENTEEN SCHOOL YEAR PURSUANT TO PARA-
GRAPH H OF SUBDIVISION SEVENTEEN OF THIS SECTION AS SET FORTH  FOR  EACH
SCHOOL  DISTRICT AS "2016-17 GEA RESTORATION" IN THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE  BUDGET
REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR
AND  ENTITLED "BT161-7", PLUS (2) COMMUNITY SCHOOLS AID COMPUTED FOR THE
TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN  SCHOOL  YEAR  PURSUANT  TO
SUBDIVISION  NINETEEN  OF  THIS  SECTION  AS  SET  FORTH FOR EACH SCHOOL
DISTRICT AS "2016-17 COMMUNITY SCHOOLS AID" IN THE SCHOOL  AID  COMPUTER
LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR
AND ENTITLED "BT161-7".
  B-3. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SUBDIVISION  TO  THE
CONTRARY,  FOR  THE  TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL
YEAR, NO SCHOOL DISTRICT SHALL BE ELIGIBLE FOR AN APPORTIONMENT OF FOUN-
DATION AID IN EXCESS OF THE AMOUNT APPORTIONED TO SUCH  SCHOOL  DISTRICT
IN TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR UNLESS (I) THE
DISTRICT  WAS  DESIGNATED AS HIGH OR AVERAGE NEED PURSUANT TO CLAUSE (C)
OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX  OF  THIS  SECTION
FOR  THE  SCHOOL  AID  COMPUTER  LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND  SEVEN--TWO  THOUSAND
EIGHT  SCHOOL  YEAR  AND ENTITLED "SA0708," (II) THE DISTRICT WAS DESIG-
NATED AS HIGH OR AVERAGE NEED PURSUANT TO THE REGULATIONS OF THE COMMIS-
SIONER IN THE MOST RECENTLY AVAILABLE STUDY INCLUDED IN THE  SCHOOL  AID
COMPUTER  LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED
BUDGET FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL
YEAR AND ENTITLED "SA131-4" OR (III) THE DISTRICT'S ALTERNATIVE INCREASE
COMPUTED PURSUANT TO PARAGRAPH B-2 OF THIS SUBDIVISION IS LESS THAN  THE
PRODUCT  OF  THE  ALTERNATIVE BASE COMPUTED PURSUANT TO PARAGRAPH B-2 OF
THIS SUBDIVISION MULTIPLIED BY THREE PERCENT (0.03).
  c. Public excess cost aid setaside. Each  school  district  shall  set
aside from its total foundation aid computed for the current year pursu-
ant  to  this  subdivision  an  amount  equal to the product of: (i) the
difference between the  amount  the  school  district  was  eligible  to
receive in the two thousand six--two thousand seven school year pursuant
to  or  in lieu of paragraph six of subdivision nineteen of this section
as such paragraph existed on June thirtieth, two thousand  seven,  minus
the  amount such district was eligible to receive pursuant to or in lieu
of paragraph five of subdivision nineteen of this section as such  para-
graph  existed  on  June  thirtieth,  two thousand seven, in such school
year, and (ii) the sum of one and the percentage increase in the consum-
er price index for the current year over such consumer price  index  for
the two thousand six--two thousand seven school year, as computed pursu-
ant  to PARAGRAPH E OF SUBDIVISION FOUR OF section two thousand [twenty-
two] TWENTY-THREE of this chapter. Notwithstanding any  other  provision
of  law  to  the  contrary, the public excess cost aid setaside shall be
paid pursuant to section thirty-six hundred nine-b of this part.

S. 6406                            13                            A. 9006

  d. For the two thousand fourteen--two thousand fifteen [and two  thou-
sand  fifteen--two  thousand  sixteen] THROUGH TWO THOUSAND SIXTEEN--TWO
THOUSAND SEVENTEEN school years a city school district of a city  having
a population of one million or more may use amounts apportioned pursuant
to this subdivision for afterschool programs.
  S  8.  Section  3602  of  the education law is amended by adding a new
subdivision 19 to read as follows:
  19. COMMUNITY SCHOOLS AID. EACH SCHOOL DISTRICT SHALL BE  ELIGIBLE  TO
RECEIVE  AN  APPORTIONMENT FOR COMMUNITY SCHOOLS AID EQUAL TO THE SUM OF
THE TIER ONE APPORTIONMENT AND THE TIER TWO APPORTIONMENT.
  A. DEFINITIONS.
  (1) "TIER ONE ELIGIBLE SCHOOL DISTRICT" SHALL MEAN ANY SCHOOL DISTRICT
WITH AT LEAST ONE SCHOOL DESIGNATED AS FAILING OR  PERSISTENTLY  FAILING
BY THE COMMISSIONER PURSUANT TO PARAGRAPHS (A) OR (B) OF SUBDIVISION ONE
OF  SECTION  211-F  OF THIS CHAPTER PRIOR TO JANUARY FIRST, TWO THOUSAND
SIXTEEN.
  (2)  "TIER  TWO  ELIGIBLE  SCHOOL  DISTRICT"  SHALL  MEAN  ANY  SCHOOL
DISTRICT, EXCEPT A TIER ONE ELIGIBLE SCHOOL DISTRICT, DESIGNATED AS HIGH
NEED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDI-
VISION  SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED
BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE  TWO  THOU-
SAND  SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708" OR ANY
DISTRICT DESIGNATED AS HIGH NEED PURSUANT  TO  THE  REGULATIONS  OF  THE
COMMISSIONER IN THE MOST RECENTLY AVAILABLE STUDY INCLUDED IN THE SCHOOL
AID  COMPUTER  LISTING  PRODUCED  BY  THE COMMISSIONER IN SUPPORT OF THE
ENACTED BUDGET FOR THE  TWO  THOUSAND  THIRTEEN--TWO  THOUSAND  FOURTEEN
STATE FISCAL YEAR AND ENTITLED "SA131-4".
  B. TIER ONE APPORTIONMENT. ANY TIER ONE ELIGIBLE SCHOOL DISTRICT SHALL
BE ELIGIBLE FOR AN APPORTIONMENT EQUAL TO THE GREATER OF (I) THE PRODUCT
OF  EIGHT HUNDRED THIRTY DOLLARS AND SIXTY CENTS ($830.60) MULTIPLIED BY
THE DISTRICT'S ENROLLMENT IN THE  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND
FIFTEEN  SCHOOL  YEAR  IN  SCHOOLS DESIGNATED AS FAILING OR PERSISTENTLY
FAILING PURSUANT TO PARAGRAPHS (A) OR (B) OF SUBDIVISION ONE OF  SECTION
211-F OF THIS CHAPTER ON THE DATE PRIOR TO NOVEMBER FIRST THAT IS SPECI-
FIED BY THE COMMISSIONER AS THE ENROLLMENT REPORTING DATE FOR THE SCHOOL
DISTRICT OR (II) TEN THOUSAND DOLLARS ($10,000).
  C. TIER TWO APPORTIONMENT. ANY TIER TWO ELIGIBLE SCHOOL DISTRICT SHALL
BE ELIGIBLE FOR AN APPORTIONMENT EQUAL TO THE GREATER OF (I) THE PRODUCT
OF  THE  GRANT  PER PUPIL MULTIPLIED BY THE STATE SHARING RATIO COMPUTED
PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION  MULTIPLIED
BY  THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT
TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF  THIS  SECTION,
WHERE  (A)  THE  GRANT  PER  PUPIL  SHALL  BE  EIGHTY-NINE  DOLLARS  AND
THIRTY-TWO CENTS ($89.32) MULTIPLIED BY THE  EXTRAORDINARY  NEEDS  INDEX
TRUNCATED  TO  TWO DECIMALS, AND (B) THE EXTRAORDINARY NEEDS INDEX SHALL
EQUAL THE QUOTIENT TRUNCATED TO THREE DECIMALS ARRIVED  AT  BY  DIVIDING
THE  EXTRAORDINARY  NEEDS  PERCENT  COMPUTED  PURSUANT TO PARAGRAPH W OF
SUBDIVISION ONE OF THIS SECTION BY THE STATEWIDE  AVERAGE  EXTRAORDINARY
NEEDS PERCENT OF FIFTY-FOUR AND EIGHT-TENTHS PERCENT (0.548) OR (II) TEN
THOUSAND DOLLARS ($10,000).
  D.  SCHOOL  DISTRICTS  SHALL  USE AMOUNTS APPORTIONED PURSUANT TO THIS
SUBDIVISION TO SUPPORT  THE  TRANSFORMATION  OF  SCHOOL  BUILDINGS  INTO
COMMUNITY  HUBS TO DELIVER CO-LOCATED OR SCHOOL-LINKED ACADEMIC, HEALTH,
MENTAL HEALTH, NUTRITION, COUNSELING, LEGAL  AND/OR  OTHER  SERVICES  TO
STUDENTS  AND  THEIR  FAMILIES, INCLUDING BUT NOT LIMITED TO PROVIDING A

S. 6406                            14                            A. 9006

COMMUNITY SCHOOL SITE COORDINATOR, OR TO SUPPORT OTHER COSTS INCURRED TO
MAXIMIZE STUDENTS' ACADEMIC ACHIEVEMENT.
  S  9.  Paragraph  a  of subdivision 5 of section 3604 of the education
law, as amended by chapter 161 of the laws of 2005, is amended  to  read
as follows:
  a. State aid adjustments. All errors or omissions in the apportionment
shall  be  corrected by the commissioner. Whenever a school district has
been apportioned less money than that  to  which  it  is  entitled,  the
commissioner may allot to such district the balance to which it is enti-
tled.  Whenever  a  school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order,  direct
such  moneys  to be paid back to the state to be credited to the general
fund local assistance account for state  aid  to  the  schools,  or  may
deduct  such  amount  from  the  next  apportionment  to be made to said
district, provided, however, that, upon notification of excess  payments
of  aid for which a recovery must be made by the state through deduction
of future aid payments, a school district may request that  such  excess
payments  be  recovered  by  deducting  such  excess  payments  from the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two succeeding school years, provided further that  there  shall  be  no
interest  penalty  assessed  against  such  district or collected by the
state. Such request shall be made to the commissioner in  such  form  as
the  commissioner  shall  prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund  expenditures  for  the  preceding  school
year.  The  amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is  recognized
as  a liability due to other governments by the district for the preced-
ing school year and the positive remainder of the district's  unreserved
fund  balance at the close of the preceding school year less the product
of the district's total general  fund  expenditures  for  the  preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments.  The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to  be  recovered
or  one-third  of such excess payments, and the remaining amount of such
excess payments shall be recovered in the third year.  Provided  further
that,  notwithstanding  any  other  provisions  of this subdivision, any
pending payment of moneys due to such district as a prior  year  adjust-
ment  payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess  of
the  amount  to which the district is entitled and for which recovery of
excess payments is to be made  pursuant  to  this  paragraph,  shall  be
reduced  at  the  time  of  actual  payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled  deductions
of  such  excess payments pursuant to this paragraph shall be reduced by
the commissioner to reflect the amount so recovered.  [The  commissioner
shall certify no payment to a school district based on a claim submitted
later  than three years after the close of the school year in which such
payment was first to be made.  For claims for which payment is first  to
be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based  on
a  claim  submitted  later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
hundred  ninety-seven--ninety-eight]   PRIOR   TO   THE   TWO   THOUSAND
FIFTEEN--TWO  THOUSAND SIXTEEN school year [and thereafter], the commis-

S. 6406                            15                            A. 9006

sioner shall certify no payment to a school district based  on  a  claim
submitted  later than one year after the close of such school year.  FOR
CLAIMS FOR WHICH PAYMENT IS  FIRST  TO  BE  MADE  IN  THE  TWO  THOUSAND
FIFTEEN--TWO  THOUSAND  SIXTEEN  SCHOOL YEAR AND THEREAFTER, THE COMMIS-
SIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED  ON  A  CLAIM
SUBMITTED  LATER  THAN  THE  FIRST  OF  NOVEMBER  OF  SUCH  SCHOOL YEAR.
Provided, however, no payments shall be barred  or  reduced  where  such
payment  is  required  as a result of a final audit of the state. [It is
further provided that, until June thirtieth,  nineteen  hundred  ninety-
six,  the  commissioner  may  grant a waiver from the provisions of this
section for any school district if it is in the best educational  inter-
ests of the district pursuant to guidelines developed by the commission-
er  and  approved  by the director of the budget.] FURTHER PROVIDED THAT
FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED  ONE,
SEVEN   HUNDRED   ELEVEN,   SEVEN   HUNDRED   FIFTY-ONE,  SEVEN  HUNDRED
FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO,  THIRTY-SIX
HUNDRED  TWO-B,  THIRTY-SIX  HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND
FORTY-FOUR  HUNDRED  FIVE  OF  THIS  CHAPTER  FOR   THE   TWO   THOUSAND
FIFTEEN--TWO  THOUSAND  SIXTEEN  AND  TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT  TO  A
SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A,
ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO  OF  THIS
PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE  TWO
THOUSAND  SIXTEEN--TWO THOUSAND SEVENTEEN STATE FISCAL YEAR AND ENTITLED
"BT161-7", AND FURTHER PROVIDED THAT  FOR  ANY  APPORTIONMENTS  PROVIDED
PURSUANT  TO  SECTIONS  SEVEN  HUNDRED  ONE, SEVEN HUNDRED ELEVEN, SEVEN
HUNDRED FIFTY-ONE, SEVEN HUNDRED  FIFTY-THREE  NINETEEN  HUNDRED  FIFTY,
THIRTY-SIX  HUNDRED  TWO,  THIRTY-SIX  HUNDRED TWO-B, THIRTY-SIX HUNDRED
TWO-C, THIRTY-SIX HUNDRED TWO-E AND  FORTY-FOUR  HUNDRED  FIVE  OF  THIS
CHAPTER  FOR  THE  TWO  THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL
YEAR AND THEREAFTER, THE COMMISSIONER SHALL  CERTIFY  NO  PAYMENT  TO  A
SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A,
ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO  OF  THIS
PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
SIONER IN SUPPORT OF THE EXECUTIVE  BUDGET  REQUEST  SUBMITTED  FOR  THE
STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
  S 10. The opening paragraph of section 3609-a of the education law, as
amended  by  section  6  of part A of chapter 56 of the laws of 2015, is
amended to read as follows:
  For aid payable in the two thousand seven--two thousand  eight  school
year through the two thousand fifteen--two thousand sixteen school year,
"moneys apportioned" shall mean the lesser of (i) the sum of one hundred
percent  of  the respective amount set forth for each school district as
payable pursuant to this section in the school aid computer listing  for
the  current  year produced by the commissioner in support of the budget
which includes the appropriation for  the  general  support  for  public
schools  for  the  prescribed  payments  and individualized payments due
prior to April first for the current year plus the apportionment payable
during the current school year pursuant to subdivision six-a and  subdi-
vision  fifteen of section thirty-six hundred two of this part minus any
reductions to current year aids pursuant to subdivision seven of section
thirty-six hundred four of this part or any deduction from apportionment
payable pursuant to this chapter for collection  of  a  school  district

S. 6406                            16                            A. 9006

basic contribution as defined in subdivision eight of section forty-four
hundred  one  of  this  chapter,  less  any  grants provided pursuant to
subparagraph two-a of paragraph b of subdivision four of  section  nine-
ty-two-c  of the state finance law, less any grants provided pursuant to
subdivision six of section ninety-seven-nnnn of the state  finance  law,
less any grants provided pursuant to subdivision twelve of section thir-
ty-six  hundred  forty-one  of  this  article, or (ii) the apportionment
calculated by the commissioner based on data on file  at  the  time  the
payment  is  processed;  provided  however, that for the purposes of any
payments made pursuant to this section prior to the first  business  day
of  June  of  the current year, moneys apportioned shall not include any
aids payable pursuant to subdivisions six and fourteen,  if  applicable,
of  section  thirty-six hundred two of this part as current year aid for
debt service on bond anticipation notes and/or bonds first issued in the
current year or any aids  payable  for  full-day  kindergarten  for  the
current  year pursuant to subdivision nine of section thirty-six hundred
two of this part. The definitions of "base year" and "current  year"  as
set  forth  in subdivision one of section thirty-six hundred two of this
part shall apply to this section. [For aid payable in the  two  thousand
fourteen--two  thousand  fifteen  school year, reference to such "school
aid computer listing for the current  year"  shall  mean  the  printouts
entitled  "SA141-5".  For  aid  payable in the two thousand fifteen--two
thousand sixteen school year, reference to  such  "school  aid  computer
listing  for  the  current  year"  shall  mean  the  printouts  entitled
"SA151-6".] FOR AID PAYABLE IN THE TWO  THOUSAND  SIXTEEN--TWO  THOUSAND
SEVENTEEN  SCHOOL  YEAR  AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN
THE LESSER OF: (I) THE SUM OF ONE  HUNDRED  PERCENT  OF  THE  RESPECTIVE
AMOUNT  SET  FORTH  FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS
SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED
BY THE COMMISSIONER IN SUPPORT OF THE  EXECUTIVE  BUDGET  REQUEST  WHICH
INCLUDES  THE  APPROPRIATION  FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS
FOR THE PRESCRIBED PAYMENTS AND INDIVIDUALIZED  PAYMENTS  DUE  PRIOR  TO
APRIL  FIRST  FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING
THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A  AND  FIFTEEN  OF
SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THIS PART MINUS ANY REDUCTIONS TO
CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN  OF  SECTION  THIRTY-SIX
HUNDRED  FOUR  OF  THIS PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE
PURSUANT TO THIS CHAPTER FOR  COLLECTION  OF  A  SCHOOL  DISTRICT  BASIC
CONTRIBUTION  AS  DEFINED  IN  SUBDIVISION  EIGHT  OF SECTION FORTY-FOUR
HUNDRED ONE OF THIS  CHAPTER,  LESS  ANY  GRANTS  PROVIDED  PURSUANT  TO
SUBPARAGRAPH  TWO-A  OF PARAGRAPH B OF SUBDIVISION FOUR OF SECTION NINE-
TY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT  TO
SUBDIVISION  SIX  OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW,
LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF SECTION THIR-
TY-SIX HUNDRED FORTY-ONE OF THIS  ARTICLE;  OR  (II)  THE  APPORTIONMENT
CALCULATED  BY  THE  COMMISSIONER  BASED ON DATA ON FILE AT THE TIME THE
PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR  THE  PURPOSES  OF  ANY
PAYMENTS  MADE  PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSINESS DAY
OF JUNE OF THE CURRENT YEAR, MONEYS APPORTIONED SHALL  NOT  INCLUDE  ANY
AIDS  PAYABLE  PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN, IF APPLICABLE,
OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT YEAR  AID  FOR
DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST ISSUED IN THE
CURRENT  YEAR  OR  ANY  AIDS  PAYABLE  FOR FULL-DAY KINDERGARTEN FOR THE
CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX  HUNDRED
TWO OF THIS PART. FOR AID PAYABLE IN THE TWO THOUSAND SIXTEEN--TWO THOU-

S. 6406                            17                            A. 9006

SAND SEVENTEEN SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER LIST-
ING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT161-7".
  S  11.  Subparagraphs  5, 6 and 7 of paragraph (e) of subdivision 3 of
section 2853 of the education law, as added by section 5 of part  BB  of
chapter 56 of the laws of 2014, are amended to read as follows:
  (5) For a new charter school whose charter is granted or for an exist-
ing  charter  school  whose  expansion  of grade level, pursuant to this
article, is approved by their charter entity [before October first,  two
thousand  sixteen], if the appeal results in a determination in favor of
the charter school, the city  school  district  shall  pay  the  charter
school an amount attributable to the grade level expansion or the forma-
tion of the new charter school that is equal to the lesser of:
  (A)  the  actual  TOTAL  rental cost of an alternative privately owned
site selected by the charter school or
  (B) twenty percent of  the  product  of  the  charter  school's  basic
tuition  for  the  current  school year and (i) for a new charter school
that first commences instruction on or after July  first,  two  thousand
fourteen,  the  charter  school's current year enrollment; or (ii) for a
charter school which expands its grade level, pursuant to this  article,
[before October first, two thousand sixteen,] the positive difference of
the  charter  school's  enrollment  in the current school year minus the
charter school's enrollment in the school year prior to the  first  year
of the expansion.
  (6)  [For  a  new  charter  school  whose charter is granted or for an
existing charter school whose expansion of grade level, pursuant to this
article, is approved by their charter entity on or after October  first,
two  thousand sixteen, if the appeal results in a determination in favor
of the charter school, the city school district shall  pay  the  charter
school an amount attributable to the grade level expansion or the forma-
tion  of the new charter school that is equal to the maximum cost allow-
ance established by the commissioner for leases aidable  under  subdivi-
sion six of section thirty-six hundred two of this chapter.
  (7)]  An  arbitration in an appeal pursuant to this paragraph shall be
conducted by a  single  arbitrator  selected  in  accordance  with  this
subparagraph  from  a  list of arbitrators from the American arbitration
association's panel of labor  arbitrators,  with  relevant  biographical
information,  submitted by such association to the commissioner pursuant
to paragraph a of subdivision three of section three  thousand  twenty-a
of  this  chapter.  Upon request by the charter school, the commissioner
shall forthwith send a copy of such list  and  biographical  information
simultaneously  to  the  charter  school  and  city school district. The
parties shall, by mutual agreement, select an arbitrator from  the  list
within fifteen days from receipt of the list, and if the parties fail to
agree  on  an  arbitrator  within such fifteen day period or fail within
such fifteen day period to notify the commissioner  that  an  arbitrator
has been selected, the commissioner shall appoint an arbitrator from the
list  to  serve as the arbitrator. The arbitration shall be conducted in
accordance with the American arbitration association's rules  for  labor
arbitration,  except  that  the  arbitrator  shall conduct a pre-hearing
conference within ten to fifteen days of agreeing to serve and the arbi-
tration shall be completed and  a  decision  rendered  within  the  time
frames  prescribed for hearings pursuant to section three thousand twen-
ty-a of this chapter. The arbitrator's fee shall  not  exceed  the  rate
established  by  the  commissioner  for  hearings  conducted pursuant to
section three thousand twenty-a of this chapter, and the  cost  of  such
fee,  the  arbitrator's  necessary travel and other reasonable expenses,

S. 6406                            18                            A. 9006

and all other hearing expenses shall be borne equally by the parties  to
the arbitration.
  S 11-a. Subdivision 6-g of section 3602 of the education law, as added
by section 6 of part BB of chapter 56 of the laws of 2014, is amended to
read as follows:
  6-g.  Charter  schools  facilities aid. a. The city school district of
the city of New York, upon documenting that it has incurred total aggre-
gate expenses of forty million dollars or  more  pursuant  to  [subpara-
graphs]  SUBPARAGRAPH  five  [and  six]  of paragraph (e) of subdivision
three of section twenty-eight hundred fifty-three of this chapter, shall
be eligible for an apportionment pursuant to this  subdivision  for  its
annual  approved expenditures for the lease of space for charter schools
incurred in the base year in accordance with paragraph (e)  of  subdivi-
sion three of section twenty-eight hundred fifty-three of this chapter.
  b. The apportionment shall equal the product of (1) the sum of:
  [(A)]  for  aid payable for expenses incurred pursuant to subparagraph
five of paragraph (e)  of  subdivision  three  of  section  twenty-eight
hundred fifty-three of this chapter where the charter school prevails on
appeal,  the  annual  approved  expenses  incurred  by  the  city school
district pursuant to such subparagraph five[; and
  (B) for aid payable for expenses incurred pursuant to subparagraph six
of paragraph (e) of subdivision three of  section  twenty-eight  hundred
fifty-three of this chapter where the charter school prevails on appeal,
the  actual  annual  approved  rental expenses incurred pursuant to such
subparagraph six] multiplied by
  (2) six-tenths.
  c. For purposes of this subdivision, the approved  expenses  attribut-
able  to  a lease by a charter school of a privately owned site shall be
the lesser of the actual TOTAL rent paid under the lease or the  maximum
cost  allowance established by the commissioner for leases aidable under
subdivision six of this section.
  d. Notwithstanding any provision  of  law  to  the  contrary,  amounts
apportioned  pursuant  to this subdivision shall not be included in: (1)
the allowable growth amount computed pursuant to paragraph dd of  subdi-
vision  one  of this section, (2) the preliminary growth amount computed
pursuant to paragraph ff of subdivision one of this section, and (3) the
allocable growth amount computed pursuant to paragraph gg of subdivision
one of this section, and shall not  be  considered,  and  shall  not  be
available for interchange with, general support for public schools.
  S  12.  Subdivision 1 of section 2856 of the education law, as amended
by chapter 378 of the laws of 2007, paragraph (a) as amended  and  para-
graph  (d) as added by section 3 of part BB of chapter 56 of the laws of
2014, paragraph (c) as added by chapter 375 of  the  laws  of  2007,  is
amended to read as follows:
  1.  (a)  The enrollment of students attending charter schools shall be
included in the enrollment, attendance, membership and,  if  applicable,
count  of students with disabilities of the school district in which the
pupil resides. The charter school shall report  all  such  data  to  the
school  districts  of residence in a timely manner. Each school district
shall report such enrollment, attendance  and  count  of  students  with
disabilities  to  the department. The school district of residence shall
pay directly to the charter school for  each  student  enrolled  in  the
charter  school  who  resides  in the school district the charter school
basic tuition, which shall be:
  (i) for school years prior to the two thousand nine--two thousand  ten
school year and for school years following the two thousand sixteen--two

S. 6406                            19                            A. 9006

thousand  seventeen  school year, an amount equal to one hundred percent
of the amount calculated pursuant to paragraph f of subdivision  one  of
section  thirty-six  hundred two of this chapter for the school district
for  the  year prior to the base year increased by the percentage change
in the state total approved operating  expense  calculated  pursuant  to
paragraph t of subdivision one of section thirty-six hundred two of this
chapter from two years prior to the base year to the base year;
  (ii)  for  the  two  thousand  nine--two thousand ten school year, the
charter school basic  tuition  shall  be  the  amount  payable  by  such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
  (iii)  for the two thousand ten--two thousand eleven through two thou-
sand thirteen--two thousand fourteen school years,  the  charter  school
basic  tuition  shall be the basic tuition computed for the two thousand
ten--two thousand eleven school  year  pursuant  to  the  provisions  of
subparagraph (i) of this paragraph;
  (iv)  for  the  two thousand fourteen--two thousand fifteen[,] AND two
thousand fifteen--two thousand sixteen [and  two  thousand  sixteen--two
thousand seventeen] school years, the charter school basic tuition shall
be  the  sum  of the lesser of the charter school basic tuition computed
for the two thousand ten--two thousand eleven school  year  pursuant  to
the  provisions  of  subparagraph  (i)  of this paragraph or the charter
school basic tuition computed for  the  current  year  pursuant  to  the
provisions  of  subparagraph (i) of this paragraph plus the supplemental
basic tuition;
  (V) FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL  YEAR,
THE  CHARTER  SCHOOL  BASIC  TUITION  SHALL BE (A) FOR A SCHOOL DISTRICT
LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS, AN AMOUNT EQUAL TO
ONE HUNDRED PERCENT OF THE AMOUNT CALCULATED PURSUANT TO PARAGRAPH F  OF
SUBDIVISION  ONE  OF  SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FOR
THE SCHOOL DISTRICT FOR THE YEAR PRIOR TO THE BASE YEAR INCREASED BY THE
PERCENTAGE CHANGE IN THE STATE TOTAL APPROVED OPERATING  EXPENSE  CALCU-
LATED  PURSUANT  TO PARAGRAPH T OF SUBDIVISION ONE OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS CHAPTER FROM TWO YEARS PRIOR TO THE BASE YEAR TO THE
BASE YEAR OR (B) FOR ALL OTHER SCHOOL DISTRICTS, THE SUM OF  THE  LESSER
OF  THE  CHARTER  SCHOOL  BASIC  TUITION  COMPUTED  FOR THE TWO THOUSAND
TEN--TWO THOUSAND ELEVEN SCHOOL  YEAR  PURSUANT  TO  THE  PROVISIONS  OF
SUBPARAGRAPH  (I)  OF THIS PARAGRAPH OR THE CHARTER SCHOOL BASIC TUITION
COMPUTED FOR THE CURRENT YEAR PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH
(I) OF THIS PARAGRAPH PLUS THE SUPPLEMENTAL BASIC TUITION.
  For the purposes of this subdivision, the "supplemental basic tuition"
shall be (A) for a school district for which the  charter  school  basic
tuition  computed  for  the current year is greater than or equal to the
charter school basic tuition for  the  two  thousand  ten--two  thousand
eleven  school  year  pursuant  to the provisions of subparagraph (i) of
this paragraph, (1) for the two thousand fourteen--two thousand  fifteen
school  year two hundred and fifty dollars, and (2) for the two thousand
fifteen--two thousand  sixteen  school  year  three  hundred  and  fifty
dollars,  and  (3)  for the two thousand sixteen--two thousand seventeen
school year five hundred dollars, and (B)  for  a  school  district  for
which  the  charter  school  basic tuition for the two thousand ten--two
thousand eleven school year is greater than  the  charter  school  basic
tuition  for the current year pursuant to the provisions of subparagraph
(i) of this paragraph, the positive difference  of  the  charter  school
basic  tuition for the two thousand ten--two thousand eleven school year

S. 6406                            20                            A. 9006

minus the charter school basic tuition for the current year pursuant  to
the provisions of subparagraph (i) of this paragraph.
  (b)  The school district shall also pay directly to the charter school
any federal or state aid attributable to a  student  with  a  disability
attending charter school in proportion to the level of services for such
student  with  a disability that the charter school provides directly or
indirectly. Notwithstanding anything in this section  to  the  contrary,
amounts  payable  pursuant to this subdivision from state or local funds
may be reduced pursuant to an agreement between the school and the char-
ter entity set forth in the charter.  Payments  made  pursuant  to  this
subdivision  shall  be  made by the school district in six substantially
equal installments each year beginning on the first business day of July
and every two months thereafter. Amounts payable under this  subdivision
shall  be  determined  by the commissioner. Amounts payable to a charter
school in its first year of operation shall be based on the  projections
of initial-year enrollment set forth in the charter until actual enroll-
ment data is reported to the school district by the charter school. Such
projections  shall  be  reconciled  with the actual enrollment as actual
enrollment data is so reported and at the end of the school's first year
of operation and each subsequent year based on a final report of  actual
enrollment  by the charter school, and any necessary adjustments result-
ing from such final report shall be made to payments during the school's
following year of operation.
  (c) Notwithstanding any other provision of  this  subdivision  to  the
contrary,  payment  of  the federal aid attributable to a student with a
disability attending a charter school shall be made in  accordance  with
the  requirements of section 8065-a of title twenty of the United States
code and sections 76.785-76.799 and 300.209 of title thirty-four of  the
code of federal regulations.
  (d)  School  districts  shall  be eligible for an annual apportionment
equal to (A) the amount of the supplemental basic tuition  paid  to  the
charter  school  in  the  base year for the expenses incurred in the two
thousand fourteen--two thousand fifteen[,] AND two thousand fifteen--two
thousand sixteen[, and two  thousand  sixteen--two  thousand  seventeen]
school  years;  AND  (B)  FOR  THE EXPENSES INCURRED IN THE TWO THOUSAND
SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR: (I)  FOR  SCHOOL  DISTRICTS
LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS, AN AMOUNT EQUAL TO
FIVE  HUNDRED  DOLLARS FOR EACH STUDENT ENROLLED IN A CHARTER SCHOOL WHO
RESIDES IN THE SCHOOL DISTRICT IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN SCHOOL YEAR, OR (II) FOR ALL OTHER SCHOOL DISTRICTS, AN AMOUNT
EQUAL TO THE AMOUNT OF THE SUPPLEMENTAL BASIC TUITION PAID TO THE  CHAR-
ACTER SCHOOL IN THE BASE YEAR.
  S  13.  Subdivision 1 of section 2856 of the education law, as amended
by section 22 of part A of chapter 58 of the laws of 2011, paragraph (a)
as amended and paragraph (c) as added by section 4 of part BB of chapter
56 of the laws of 2014, is amended to read as follows:
  1. (a) The enrollment of students attending charter schools  shall  be
included  in  the  enrollment,  attendance  and, if applicable, count of
students with disabilities of the school district  in  which  the  pupil
resides.  The  charter  school  shall report all such data to the school
districts of residence in a timely manner. Each  school  district  shall
report  such enrollment, attendance and count of students with disabili-
ties to the department. The  school  district  of  residence  shall  pay
directly  to the charter school for each student enrolled in the charter
school who resides in the  school  district  the  charter  school  basic
tuition which shall be:

S. 6406                            21                            A. 9006

  (i)  for school years prior to the two thousand nine--two thousand ten
school year and for school years following the two thousand sixteen--two
thousand seventeen school year, an amount equal to one  hundred  percent
of  the  amount calculated pursuant to paragraph f of subdivision one of
section  thirty-six  hundred two of this chapter for the school district
for the year prior to the base year increased by the  percentage  change
in  the  state  total  approved operating expense calculated pursuant to
paragraph t of subdivision one of section thirty-six hundred two of this
chapter from two years prior to the base year to the base year;
  (ii) for the two thousand nine--two  thousand  ten  school  year,  the
charter  school  basic  tuition  shall  be  the  amount  payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
  (iii) for the two thousand ten--two thousand eleven through two  thou-
sand  thirteen--two  thousand  fourteen school years, the charter school
basic tuition shall be the basic tuition computed for the  two  thousand
ten--two  thousand  eleven  school  year  pursuant  to the provisions of
subparagraph (i) of this paragraph;
  (iv) for the two thousand fourteen--two thousand  fifteen[,]  AND  two
thousand  fifteen--two  thousand  sixteen [and two thousand sixteen--two
thousand seventeen] school years, the charter school basic tuition shall
be the sum of the lesser of the charter school  basic  tuition  computed
for  the  two  thousand ten--two thousand eleven school year pursuant to
the provisions of subparagraph (i) of  this  paragraph  or  the  charter
school  basic  tuition  computed  for  the  current year pursuant to the
provisions of subparagraph (i) of this paragraph plus  the  supplemental
basic tuition[.];
  (V)  FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR,
THE CHARTER SCHOOL BASIC TUITION SHALL BE  (A)  FOR  A  SCHOOL  DISTRICT
LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS, AN AMOUNT EQUAL TO
ONE  HUNDRED PERCENT OF THE AMOUNT CALCULATED PURSUANT TO PARAGRAPH F OF
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF  THIS  CHAPTER  FOR
THE SCHOOL DISTRICT FOR THE YEAR PRIOR TO THE BASE YEAR INCREASED BY THE
PERCENTAGE  CHANGE  IN THE STATE TOTAL APPROVED OPERATING EXPENSE CALCU-
LATED PURSUANT TO PARAGRAPH T OF SUBDIVISION ONE OF  SECTION  THIRTY-SIX
HUNDRED TWO OF THIS CHAPTER FROM TWO YEARS PRIOR TO THE BASE YEAR TO THE
BASE  YEAR  OR (B) FOR ALL OTHER SCHOOL DISTRICTS, THE SUM OF THE LESSER
OF THE CHARTER SCHOOL  BASIC  TUITION  COMPUTED  FOR  THE  TWO  THOUSAND
TEN--TWO  THOUSAND  ELEVEN  SCHOOL  YEAR  PURSUANT  TO THE PROVISIONS OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH OR THE CHARTER SCHOOL  BASIC  TUITION
COMPUTED FOR THE CURRENT YEAR PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH
(I) OF THIS PARAGRAPH PLUS THE SUPPLEMENTAL BASIC TUITION.
  For the purposes of this subdivision, the "supplemental basic tuition"
shall  be  (A)  for a school district for which the charter school basic
tuition computed for the current year is greater than or  equal  to  the
charter  school  basic  tuition  for  the two thousand ten--two thousand
eleven school year pursuant to the provisions  of  subparagraph  (i)  of
this  paragraph, (1) for the two thousand fourteen--two thousand fifteen
school year two hundred and fifty dollars, and (2) for the two  thousand
fifteen--two  thousand  sixteen  school  year  three  hundred  and fifty
dollars, and (3) for the two thousand  sixteen--two  thousand  seventeen
school  year  five  hundred  dollars,  and (B) for a school district for
which the charter school basic tuition for  the  two  thousand  ten--two
thousand  eleven  school  year  is greater than the charter school basic
tuition for the current year pursuant to the provisions of  subparagraph
(i)  of  this  paragraph,  the positive difference of the charter school

S. 6406                            22                            A. 9006

basic tuition for the two thousand ten--two thousand eleven school  year
minus  the charter school basic tuition for the current year pursuant to
the provisions of subparagraph (i) of this paragraph.
  (b)  The school district shall also pay directly to the charter school
any federal or state aid attributable to a  student  with  a  disability
attending charter school in proportion to the level of services for such
student  with  a disability that the charter school provides directly or
indirectly. Notwithstanding anything in this section  to  the  contrary,
amounts  payable pursuant to this subdivision may be reduced pursuant to
an agreement between the school and the charter entity set forth in  the
charter. Payments made pursuant to this subdivision shall be made by the
school district in six substantially equal installments each year begin-
ning  on the first business day of July and every two months thereafter.
Amounts payable under  this  subdivision  shall  be  determined  by  the
commissioner.  Amounts  payable to a charter school in its first year of
operation shall be based on the projections of  initial-year  enrollment
set  forth in the charter. Such projections shall be reconciled with the
actual enrollment at the end of the school's first  year  of  operation,
and  any  necessary  adjustments  shall  be  made to payments during the
school's second year of operation.
  (c) School districts shall be eligible  for  an  annual  apportionment
equal  to  (A)  the amount of the supplemental basic tuition paid to the
charter school in the base year for the expenses  incurred  in  the  two
thousand fourteen--two thousand fifteen[,] AND two thousand fifteen--two
thousand  sixteen[,  and  two  thousand sixteen--two thousand seventeen]
school years; AND (B) FOR THE EXPENSES  INCURRED  IN  THE  TWO  THOUSAND
SIXTEEN--TWO  THOUSAND  SEVENTEEN  SCHOOL YEAR: (I) FOR SCHOOL DISTRICTS
LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS, AN AMOUNT EQUAL TO
FIVE HUNDRED DOLLARS FOR EACH STUDENT ENROLLED IN A CHARTER  SCHOOL  WHO
RESIDES IN THE SCHOOL DISTRICT IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN SCHOOL YEAR, OR (II) FOR ALL OTHER SCHOOL DISTRICTS, AN AMOUNT
EQUAL  TO THE AMOUNT OF THE SUPPLEMENTAL BASIC TUITION PAID TO THE CHAR-
ACTER SCHOOL IN THE BASE YEAR.
  S 14. Clauses (i) and (ii) of subparagraph 1 of paragraph e of  subdi-
vision  1 of section 3602 of the education law, as amended by section 11
of part B of chapter 57 of the laws of 2007,  are  amended  to  read  as
follows:
  (i)  determine the number of pupils tested who scored below the state-
wide reference point as determined by  the  commissioner  on  each  test
administered  pursuant  to  this  subparagraph,  plus pupils, other than
pupils with disabilities  and  ENGLISH  LANGUAGE  LEARNER  pupils  [with
limited  English  proficiency]  as  defined  by the commissioner who are
exempt from taking  such  tests,  provided,  however,  that  a  district
employing  eight  or  more teachers in such years but not operating each
grade may use the percentage computed pursuant to this paragraph for the
district which in such years enrolled the greatest number of  pupils  in
such grade from such district;
  (ii)  divide  the sum of such numbers by the number of such pupils who
took each of such tests, plus pupils, other than pupils  with  disabili-
ties  and  ENGLISH  LANGUAGE LEARNER pupils [with limited English profi-
ciency] as defined by the commissioner who are exempt from  taking  such
tests, provided, however, that a district which in any of the applicable
school years did not maintain a home school or employed fewer than eight
teachers,  and  which  in the base year employed eight or more teachers,
may use the scores in a later test as designated by the commissioner for
the purposes of this paragraph;

S. 6406                            23                            A. 9006

  S 15. Paragraph o of subdivision 1 of section 3602  of  the  education
law,  as  amended  by  section 11 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
  o. "[Limited English proficient] ENGLISH LANGUAGE LEARNER count" shall
mean the number of pupils served in the base year in programs for pupils
with  limited  English proficiency approved by the commissioner pursuant
to the provisions of this chapter and  in  accordance  with  regulations
adopted for such purpose.
  S  16. Paragraph b of subdivision 2 of section 3602-d of the education
law, as added by chapter 792 of the laws of 1990, is amended to read  as
follows:
  (b)  "Disadvantaged"  shall  mean  individuals (other than handicapped
individuals) who have economic or academic disadvantages and who require
special services and assistance in order to enable them  to  succeed  in
work-prep  programs.  Such term includes individuals who are: members of
economically disadvantaged families as set forth in regulations  promul-
gated  by  the department pursuant to sections sixty-four hundred fifty-
one and sixty-four hundred fifty-two of this chapter or as set forth  in
the  Federal Job Training Partnership Act of nineteen hundred eighty-two
(PL 97-300) (29 U.S.C.A. S 1501 et  seq.);  migrants;  [individuals  who
have  limited  English proficiency] ENGLISH LANGUAGE LEARNERS; and indi-
viduals who are identified as potential dropouts from secondary school.
  S 17. Paragraph d of subdivision 4 of section 3602-f of the  education
law,  as  added  by section 83-a of part L of chapter 405 of the laws of
1999, is amended to read as follows:
  d. [Limited English proficient] ENGLISH LANGUAGE LEARNER  pupil  count
as  defined  in  paragraph  o  of  subdivision one of section thirty-six
hundred two of this article.
  S 18. Section 3604 of the education law is amended  by  adding  a  new
subdivision 13 to read as follows:
  13.  FOR  PURPOSES  OF  THIS CHAPTER, "LIMITED ENGLISH PROFICIENT" AND
"LIMITED ENGLISH PROFICIENCY" SHALL MEAN "ENGLISH LANGUAGE LEARNER".
  S 19. Clause (B) of subparagraph 2 of paragraph b of subdivision 6  of
section  3641  of  the education law, as added by section 2 of part B of
chapter 58 of the laws of 2011, is amended to read as follows:
  (B) [students with limited English proficiency and] students  who  are
English language learners;
  S  20.  The education law is amended by adding a new section 4403-a to
read as follows:
  S 4403-A. WAIVERS FROM CERTAIN DUTIES. 1.  A  LOCAL  SCHOOL  DISTRICT,
APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
SUBMIT  AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH
DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
THIS  ARTICLE,  AND  REGULATIONS  PROMULGATED THEREUNDER, FOR A SPECIFIC
SCHOOL YEAR. SUCH APPLICATION SHALL BE SUBMITTED AT LEAST SIXTY DAYS  IN
ADVANCE  OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND
SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
  2. BEFORE SUBMITTING AN APPLICATION FOR A  WAIVER,  THE  LOCAL  SCHOOL
DISTRICT,  APPROVED  PRIVATE  SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE  PARENTS  OR
PERSONS  IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED
BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP  WILL
BE  AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND
SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH  PARENTS

S. 6406                            24                            A. 9006

MAY  SUBMIT  WRITTEN  COMMENTS  ON THE PROPOSED WAIVER. THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF  COOPERATIVE  EDUCATIONAL
SERVICES  SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS
IN  PARENTAL  RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE
IN THE WAIVER APPLICATION SUBMITTED  TO  THE  COMMISSIONER  PURSUANT  TO
SUBDIVISION  ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH
PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS.
  3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED  TWO  OR
SECTION  FORTY-FOUR  HUNDRED  THREE OF THIS ARTICLE, UPON A FINDING THAT
SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN  INNOVATIVE
SPECIAL  EDUCATION  PROGRAM  THAT  IS CONSISTENT WITH APPLICABLE FEDERAL
REQUIREMENTS, AND WOULD ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES
FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING  SUCH  DETERMI-
NATION,  THE  COMMISSIONER  SHALL  CONSIDER ANY COMMENTS RECEIVED BY THE
LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE
EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
  4.  ANY  LOCAL  SCHOOL  DISTRICT,  APPROVED PRIVATE SCHOOL OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR  FOR
WHICH A WAIVER IS GRANTED.
  S  21.  Notwithstanding  any provision of law to the contrary, for the
2016-2017 school  year  and  thereafter,  any  pre-kindergarten  program
receiving  state  funds that is identified by the office of children and
family services, the department of health and mental hygiene of the city
of New York, or the state education department as needing  extraordinary
quality  support  shall  participate in QUALITYstarsNY as a condition of
continued receipt of state funds, unless  such  participation  would  be
contrary  to  an existing contract with the department. The state educa-
tion department shall include  such  participation  as  a  condition  of
continued receipt of state funds in any new contract or contract renewal
or  application  for renewal of funding for any state-funded pre-kinder-
garten program for the 2016-2017 school year or thereafter.
  S 22. Notwithstanding any provision of law, rule, or regulation to the
contrary, there shall be an empire state pre-kindergarten grant board as
follows:
  1. Creation.
  (a) The empire state pre-kindergarten grant  board  ("the  board")  is
hereby  created to have and exercise the powers, duties and prerogatives
provided by the provisions of this section and any  other  provision  of
law.  The  board  shall  remain  in existence during the period from the
effective date of this section through the date on which the last of the
funds available for grants for  programs  listed  in  paragraph  (a)  of
subdivision 2 of this section are disbursed.
  (b)  The  membership  of  the  board  shall  consist  of three persons
appointed by the governor, of which one shall be upon the recommendation
of the temporary president of the senate and one upon the recommendation
of the speaker of the assembly. The term of the members first  appointed
shall  continue  until  March  31, 2017, and thereafter their successors
shall serve for a term of one year ending on March 31 in each year. Upon
recommendation of the nominating party, the governor shall  replace  any
member  in  accordance  with the provision contained in this subdivision

S. 6406                            25                            A. 9006

for the appointment of members. The members  of  the  board  shall  vote
among  themselves to determine who shall serve as chair. The board shall
act by unanimous vote of the members of the board. Any determination  of
the  board shall be evidenced by a certification thereof executed by all
the members. Each member of the board shall be entitled to  designate  a
representative  to  attend  meetings  of  the  board  on the designating
member's behalf, and  to  vote  or  otherwise  act  on  the  designating
member's  behalf  in  the  designating  member's absence. Notice of such
designation shall be furnished in writing to the board by the  designat-
ing  member.  A representative shall serve at the pleasure of the desig-
nating member during the member's term of office. A representative shall
not be authorized to delegate any of his or her duties or  functions  to
any other person.
  (c)  Every  officer, employee, or member of a governing or other board
of any school district, program or other entity offering  pre-kindergar-
ten  services,  and  every  New  York  state regent and every officer or
employee of the board of regents or the department of education shall be
ineligible for appointment as a member, representative, officer, employ-
ee or agent of the board.
  (d) The members of the board shall serve without salary  or  per  diem
allowance  but  shall be entitled to reimbursement for actual and neces-
sary expenses incurred in the performance of official duties pursuant to
this section or other provision  of  law,  provided  however  that  such
members  and  representatives  are  not,  at  the time such expenses are
incurred, public  officers  or  employees  otherwise  entitled  to  such
reimbursement.
  (e)  The  members,  their  representatives,  officers and staff to the
board shall be deemed employees within the meaning of section 17 of  the
public officers law.
  2.  Powers,  functions,  duties and administration of the empire state
pre-kindergarten grant board.
  (a) Notwithstanding any provision of section 3602-ee of the  education
law  or  any  other  provision  of law to the contrary, the empire state
pre-kindergarten grant board shall have the power, and it shall  be  its
duty,  to  distribute all new grant awards for the following pre-kinder-
garten programs via a competitive request for proposals process:
  (i) the statewide universal full-day pre-kindergarten program pursuant
to section 3602-ee of the education law;
  (ii) the empire state pre-kindergarten grants for three-year-old chil-
dren established pursuant to a chapter of the laws of 2016;
  (iii) the priority pre-kindergarten program  established  pursuant  to
chapter 53 of the laws of 2013; and
  (iv)  the pre-kindergarten grants for three and four year old children
established pursuant to chapter 53 of the laws of 2015.
  (b) The office of children and family services shall serve as staff to
the empire state pre-kindergarten grant board, with the  cooperation  of
any  other  state  agency,  and  shall assist in tasks including but not
limited to the drafting of any requests for proposals,  the  scoring  of
applications  pursuant  to  the criteria in such requests for proposals,
the preparation of draft award lists, and the preparation of  any  other
information  or  materials  which would assist the board in carrying out
its duties.
  (c) Notwithstanding any provision of law to the  contrary,  the  board
shall  have final approval authority over any request for proposals used
to distribute any grant funding for pre-kindergarten  programs  pursuant
to  paragraph  (a)  of  this  subdivision, provided that any request for

S. 6406                            26                            A. 9006

proposals issued after the effective date of this section shall  contain
a  requirement that any awardee identified by the office of children and
family services, the department of health and mental hygiene of the city
of  New York, or the state education department as needing extraordinary
quality support shall participate in QUALITYstarsNY as  a  condition  of
continued receipt of state funds.
  (d)  Notwithstanding  any  provision of law to the contrary, the board
shall have final approval authority for any grant awards for pre-kinder-
garten programs pursuant to paragraph (a) of this subdivision.
  (e) On behalf of and at the direction of the board, the  state  educa-
tion  department  shall  enter into a contract with any school district,
program, or other entity awarded a grant pursuant to this section.
  (f) Except as explicitly set forth herein,  nothing  in  this  section
should  be  construed  to  alter or amend the program administration and
other requirements of the grant programs listed in paragraph (a) of this
subdivision.
  3. Reporting. The empire state  pre-kindergarten  grant  board  shall,
annually  on  or  before  December  first,  prepare and submit an annual
report to the governor and the chair of  the  assembly  ways  and  means
committee  and  the  chair  of the senate finance committee. Such report
shall contain at a minimum the following information: (i) a list of  all
applications filed by any entity for a grant distributed by the pre-kin-
dergarten  grant  board,  including the name of the applying entity, the
grant program applied for, and the amount of the grant requested; (ii) a
list of the applications granted by the board specifying the  amount  of
the  grant  approved if such amount is different from the amount applied
for; (iii) a statement showing the dollar amount of all grants  approved
by  the  board and the dollar amount of the remaining available capacity
for future grants; and (iv) a statement showing the numbers of new full-
day slots, new half-day slots, and  slots  converted  from  half-day  to
full-day as a result of such grants.
  S 23. Subdivision 16 of section 3602-ee of the education law, as added
by section 1 of part CC of chapter 56 of the laws of 2014, is amended to
read as follows:
  16.  The authority of the department to administer the universal full-
day pre-kindergarten program shall expire June thirtieth,  two  thousand
[sixteen] SEVENTEEN; provided that the program shall continue and remain
in full effect.
  S  24. Paragraph b of subdivision 6-c of section 3602 of the education
law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
follows:
  b.  For  projects  approved  by the commissioner authorized to receive
additional building aid pursuant to this subdivision for the purchase of
stationary metal detectors, security cameras or other  security  devices
approved  by  the  commissioner that increase the safety of students and
school personnel, provided that for  purposes  of  this  paragraph  such
other  security  devices shall be limited to electronic security systems
and hardened doors, and provided  that  for  projects  approved  by  the
commissioner on or after the first day of July two thousand thirteen and
before  the first day of July [two thousand sixteen] TWO THOUSAND SEVEN-
TEEN such additional aid shall equal the product of (i) the building aid
ratio computed for use in the current year pursuant to  paragraph  c  of
subdivision  six of this section plus ten percentage points, except that
in no case shall this amount exceed one hundred percent,  and  (ii)  the
actual  approved expenditures incurred in the base year pursuant to this
subdivision, provided that the limitations on cost allowances prescribed

S. 6406                            27                            A. 9006

by paragraph a of subdivision six of this section shall not  apply,  and
provided  further  that  any projects aided under this paragraph must be
included in a district's school  safety  plan.  The  commissioner  shall
annually  prescribe  a  special  cost allowance for metal detectors, and
security cameras, and the approved expenditures shall  not  exceed  such
cost allowance.
  S 25. Section 2 of chapter 552 of the laws of 1995 amending the educa-
tion  law  relating  to contracts for the transportation of school chil-
dren, as amended by chapter 116 of the laws of 2013, is amended to  read
as follows:
  S  2.  This  act  shall  take  effect on the first day of January next
succeeding the date on which it shall have become a law and shall remain
in full force and effect until January 1, [2017] 2020,  when  upon  such
date the provisions of this act shall be deemed repealed.
  S  26.  Paragraph  b of subdivision 2 of section 3612 of the education
law, as amended by section 8 of part A of chapter  56  of  the  laws  of
2015, is amended to read as follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into  consideration  the  magnitude  of  any shortage of teachers in the
school district, the number of teachers employed in the school  district
who hold temporary licenses to teach in the public schools of the state,
the  number of provisionally certified teachers, the fiscal capacity and
geographic sparsity of the district, the  number  of  new  teachers  the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district,  if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section.  Notwithstand-
ing any other provision of law to the contrary, a city  school  district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of  such  grant  funds  for any recruitment, retention and certification
costs associated with transitional certification of  teacher  candidates
for  the  school  years  two thousand one--two thousand two through [two
thousand fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO  THOU-
SAND SEVENTEEN.
  S  27.  Subdivision 6 of section 4402 of the education law, as amended
by section 9 of part A of chapter 56 of the laws of 2015, is amended  to
read as follows:
  6.  Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with  a  population  of
one  hundred twenty-five thousand or more inhabitants shall be permitted
to establish  maximum  class  sizes  for  special  classes  for  certain
students  with  disabilities  in  accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to  low
student  attendance  in  special  education  classes  at  the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred  ninety-five--nine-
ty-six  through  June thirtieth, two thousand [sixteen] SEVENTEEN of the
[two thousand fifteen--two thousand sixteen] TWO  THOUSAND  SIXTEEN--TWO
THOUSAND SEVENTEEN school year, be authorized to increase class sizes in
special  classes  containing students with disabilities whose age ranges
are equivalent to those of students in middle and secondary  schools  as
defined  by  the  commissioner for purposes of this section by up to but
not to exceed one and two tenths times the applicable maximum class size

S. 6406                            28                            A. 9006

specified in regulations of the commissioner rounded up to  the  nearest
whole  number,  provided  that  in a city school district having a popu-
lation of one million or more, classes that have a maximum class size of
fifteen  may  be increased by no more than one student and provided that
the projected average class size shall not exceed the maximum  specified
in  the  applicable  regulation,  provided that such authorization shall
terminate on June thirtieth, two thousand. Such authorization  shall  be
granted  upon  filing  of a notice by such a board of education with the
commissioner stating the board's intention to increase such class  sizes
and  a  certification  that the board will conduct a study of attendance
problems at the secondary level and will implement a  corrective  action
plan  to  increase the rate of attendance of students in such classes to
at least the rate for students attending regular  education  classes  in
secondary  schools of the district. Such corrective action plan shall be
submitted for approval by the commissioner by a date during  the  school
year  in  which such board increases class sizes as provided pursuant to
this subdivision to be prescribed by the  commissioner.  Upon  at  least
thirty  days  notice  to the board of education, after conclusion of the
school year in which such board increases class sizes as provided pursu-
ant to this subdivision, the commissioner shall be authorized to  termi-
nate  such  authorization  upon  a  finding that the board has failed to
develop or implement an approved corrective action plan.
  S 28. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
relating  to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by  section
13  of  part  A of chapter 56 of the laws of 2015, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of  this section for the 2012--2013 school year shall not exceed 63.3
percent of the lesser of such  approvable  costs  per  contact  hour  or
twelve dollars and thirty-five cents per contact hour, reimbursement for
the  2013--2014  school year shall not exceed 62.3 percent of the lesser
of such approvable costs per contact hour or twelve dollars  and  sixty-
five  cents  per  contact  hour, reimbursement for the 2014--2015 school
year shall not exceed 61.6 percent of  the  lesser  of  such  approvable
costs  per  contact  hour  or  thirteen  dollars per contact hour, [and]
reimbursement for the 2015--2016  school  year  shall  not  exceed  60.7
percent of the lesser of such approvable costs per contact hour or thir-
teen dollars and forty cents per contact hour, AND REIMBURSEMENT FOR THE
2016--2017  SCHOOL  YEAR  SHALL NOT EXCEED 60.3 PERCENT OF THE LESSER OF
SUCH APPROVABLE COSTS PER CONTACT HOUR OR THIRTEEN DOLLARS EIGHTY  CENTS
PER  CONTACT  HOUR  where  a  contact  hour  represents sixty minutes of
instruction services provided to an eligible adult.  Notwithstanding any
other provision of law to the contrary, for the 2012--2013  school  year
such  contact  hours shall not exceed one million six hundred sixty-four
thousand five hundred thirty-two  (1,664,532)  hours;  whereas  for  the
2013--2014  school  year such contact hours shall not exceed one million
six hundred forty-nine  thousand  seven  hundred  forty-six  (1,649,746)
hours;  whereas  for the 2014--2015 school year such contact hours shall
not exceed one million  six  hundred  twenty-five  thousand  (1,625,000)
hours;  whereas  for the 2015--2016 school year such contact hours shall
not  exceed  one  million  five  hundred  ninety-nine  thousand  fifteen
(1,599,015)  HOURS;  WHEREAS FOR THE 2016--2017 SCHOOL YEAR SUCH CONTACT
HOURS SHALL NOT EXCEED ONE MILLION THREE HUNDRED EIGHTY-TWO THOUSAND TWO
HUNDRED ELEVEN (1,382,211).  Notwithstanding any other provision of  law
to  the  contrary,  the  apportionment  calculated  for  the city school

S. 6406                            29                            A. 9006

district of the city of New York pursuant to subdivision 11  of  section
3602  of  the  education  law shall be computed as if such contact hours
provided by the consortium for  worker  education,  not  to  exceed  the
contact hours set forth herein, were eligible for aid in accordance with
the  provisions  of such subdivision 11 of section 3602 of the education
law.
  S 29. Section 4 of chapter 756 of the laws of 1992, relating to  fund-
ing  a  program for work force education conducted by the consortium for
worker education in New York city, is amended by adding a  new  subdivi-
sion u to read as follows:
  U.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2016--2017 SCHOOL  YEAR.  NOTWITHSTANDING
ANY  INCONSISTENT  PROVISIONS  OF LAW, THE COMMISSIONER SHALL WITHHOLD A
PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE  CITY  SCHOOL
DISTRICT  OF  THE  CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF
THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED  TO  THE
ELEMENTARY  AND  SECONDARY  EDUCATION  FUND LOCAL ASSISTANCE ACCOUNT AND
SHALL  NOT  EXCEED  ELEVEN  MILLION  FIVE   HUNDRED   THOUSAND   DOLLARS
($11,500,000).
  S  30. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker education in New York city, as amended by section 15 of part A of
chapter 56 of the laws of 2015, is amended to read as follows:
  S  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
repealed on June 30, [2016] 2017.
  S 31. Section 99-u of the state finance law, as added by section 2  of
part  GG  of chapter 59 of the laws of 2013, subdivision 2-a as added by
chapter 453 of the laws if 2015, is amended to read as follows:
  S 99-u. New York state teen health education fund. 1. There is  hereby
established  in  the  JOINT custody of the STATE COMPTROLLER AND commis-
sioner of taxation and finance a special [account] FUND to be  known  as
the "New York state teen health education fund".
  2.  Such fund shall consist of all revenues received by the department
of taxation and finance, pursuant  to  the  provisions  of  section  six
hundred thirty-c of the tax law and all other moneys appropriated there-
to  from  any other fund or source pursuant to law. Nothing contained in
this section shall prevent the state from  receiving  grants,  gifts  or
bequests  for  the  purposes  of the fund as defined in this section and
depositing them into the fund according to law.
  2-a. On or before the first day of February each year, the commission-
er of [health] EDUCATION shall provide a written report to the temporary
president of the senate, speaker of the assembly, chair  of  the  senate
finance committee, chair of the assembly ways and means committee, chair
of  the senate committee on health, chair of the assembly health commit-
tee, the state comptroller and the public. Such report shall include how
the monies of the fund were utilized during the preceding calendar year,
and shall include:
  (i) the amount of money dispersed from the fund and the award  process
used for such disbursements;
  (ii) recipients of awards from the fund;
  (iii) the amount awarded to each;
  (iv) the purposes for which such awards were granted; and
  (v) a summary financial plan for such monies which shall include esti-
mates of all receipts and all disbursements for the current and succeed-
ing  fiscal  years,  along with the actual results from the prior fiscal
year.

S. 6406                            30                            A. 9006

  3. [The moneys in said account shall be retained by the fund and shall
be released by the  commissioner  of  taxation  and  finance  only  upon
certificates  signed  by  the  commissioner  of  education or his or her
designee and only for the purposes set forth in  this  section.]  MONEYS
SHALL  BE  PAYABLE  FROM  THE FUND ON THE AUDIT AND WARRANT OF THE COMP-
TROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER OF EDUCA-
TION.
  4. The moneys in such fund  shall  be  expended  for  the  purpose  of
supplementing  educational  programs in schools for health and awareness
of issues facing teens today when it comes  to  their  health.  Eligible
health  programs  are  those  with  an  established curriculum providing
instruction on alcohol, tobacco and other  drug  abuse  prevention,  the
causes  and  problems associated with teen obesity, and for awareness of
the symptoms of teen endometriosis.
  S 32. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating to certain provisions related to the 1994-95 state  operations,
aid to localities, capital projects and debt service budgets, as amended
by section 16 of part A of chapter 56 of the laws of 2015, is amended to
read as follows:
  1.  Sections  one  through seventy of this act shall be deemed to have
been in full force and effect as of April  1,  1994  provided,  however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only to hearings commenced prior to  September  1,  1994,  and  provided
further  that  section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and  provided  further  that  sections  four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a  of  this  act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen,  seventeen,
twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
deemed repealed on March 31, [2017] 2018.
  S 33. Subdivisions 22 and 24 of section 140 of chapter 82 of the  laws
of 1995, amending the education law and other laws relating to state aid
to  school  districts  and the appropriation of funds for the support of
government, as amended by section 17 of part A of chapter 56 of the laws
of 2015, are amended to read as follows:
  (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
fourteen,  one hundred fifteen and one hundred sixteen of this act shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2016] 2017 at which time it shall be deemed repealed;
  (24) sections one hundred eighteen through one hundred thirty of  this
act  shall  be deemed to have been in full force and effect on and after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred twenty-four of this act shall be deemed to be
repealed on and after July 1, [2016] 2017;
  S 34. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
education  law  relating  to conditional appointment of school district,
charter school or BOCES employees, as amended by section 19 of part A of
chapter 56 of the laws of 2015, is amended to read as follows:
  S 12. This act shall take effect on the same date as  chapter  180  of
the laws of 2000 takes effect, and shall expire July 1, [2016] 2017 when
upon such date the provisions of this act shall be deemed repealed.
  S  35.  Section  4  of  chapter  425 of the laws of 2002, amending the
education law relating to  the  provision  of  supplemental  educational

S. 6406                            31                            A. 9006

services,  attendance  at  a  safe  public  school and the suspension of
pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
amended  by  section  20 of part A of chapter 56 of the laws of 2015, is
amended to read as follows:
  S  4.  This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2016] 2017.
  S 36. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
education law relating to the implementation of the No Child Left Behind
Act  of  2001,  as  amended by section 21 of part A of chapter 56 of the
laws of 2015, is amended to read as follows:
  S 5. This act shall take effect immediately;  provided  that  sections
one,  two  and  three of this act shall expire and be deemed repealed on
June 30, [2016] 2017.
  S 37. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid  payable  in
the 2016--2017 school year, the commissioner of education shall allocate
school  bus  driver  training  grants  to school districts and boards of
cooperative educational services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit educational organizations for the purposes  of  this  section.  Such
payments  shall  not exceed four hundred thousand dollars ($400,000) per
school year.
  S 38. Special apportionment for salary expenses. a.    Notwithstanding
any  other  provision  of  law,  upon application to the commissioner of
education, not sooner than the first day of  the  second  full  business
week  of  June  2017  and  not later than the last day of the third full
business week of June 2017, a school district eligible for an apportion-
ment pursuant to section 3602 of the education law shall be eligible  to
receive  an  apportionment pursuant to this section, for the school year
ending June 30, 2017, for salary expenses incurred between April  1  and
June 30, 2016 and such apportionment shall not exceed the sum of (i) the
deficit  reduction assessment of 1990--1991 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186 percent of such amount for a city school district in a city  with  a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such  amount  for  a city school district in a city with a population of
more than 195,000 inhabitants and less than 219,000 inhabitants  accord-
ing  to  the  latest  federal  census, plus (iv) the net gap elimination
adjustment for 2010--2011, as determined by the commissioner  of  educa-
tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
nation  adjustment  for  2011--2012 as determined by the commissioner of
education pursuant to subdivision 17 of section 3602  of  the  education
law,  and provided further that such apportionment shall not exceed such
salary expenses. Such application shall be made by  a  school  district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
  b.  The  claim  for  an  apportionment to be paid to a school district
pursuant to subdivision a of this section  shall  be  submitted  to  the
commissioner  of  education  on  a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that  the  form
has been submitted as prescribed. Such approved amounts shall be payable
on  the  same  day in September of the school year following the year in
which application was made as funds provided  pursuant  to  subparagraph

S. 6406                            32                            A. 9006

(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law,  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general fund to the extent that the amount paid  to  a  school  district
pursuant  to  this  section  exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the  school  year  following  the
year in which application was made.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be  deducted  from  the
following  payments  due  the  school  district  during  the school year
following the year in which application was made  pursuant  to  subpara-
graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's  payments  to  the
teachers'  retirement  system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such  subdivision  shall  be
deducted on a chronological basis starting with the earliest payment due
the district.
  S  39. Special apportionment for public pension accruals. a.  Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2017, a school district  eligi-
ble  for  an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this  section,
for  the  school  year ending June 30, 2017 and such apportionment shall
not exceed the  additional  accruals  required  to  be  made  by  school
districts  in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount  of  such  addi-
tional  accrual  shall  be certified to the commissioner of education by
the president of the board of education or the trustees or, in the  case
of  a  city  school  district  in  a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application  shall  be
made by a school district, after the board of education or trustees have
adopted  a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants,  with  the
approval of the mayor of such city.
  b.  The  claim  for  an  apportionment to be paid to a school district
pursuant to subdivision a of this section  shall  be  submitted  to  the
commissioner  of  education  on  a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that  the  form
has been submitted as prescribed. Such approved amounts shall be payable
on  the  same  day in September of the school year following the year in
which application was made as funds provided  pursuant  to  subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law,  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general fund to the extent that the amount paid  to  a  school  district
pursuant  to  this  section  exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of

S. 6406                            33                            A. 9006

section 3609-a of the education law in the  school  year  following  the
year in which application was made.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be  deducted  from  the
following  payments  due  the  school  district  during  the school year
following the year in which application was made  pursuant  to  subpara-
graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's  payments  to  the
teachers'  retirement  system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such  subdivision  shall  be
deducted on a chronological basis starting with the earliest payment due
the district.
  S  40.  a.  Notwithstanding  any  other law, rule or regulation to the
contrary, any moneys appropriated to the state education department  may
be  suballocated  to  other state departments or agencies, as needed, to
accomplish the intent of the specific appropriations contained therein.
  b. Notwithstanding any other law, rule or regulation to the  contrary,
moneys  appropriated  to the state education department from the general
fund/aid to localities,  local  assistance  account-001,  shall  be  for
payment  of  financial  assistance,  as scheduled, net of disallowances,
refunds, reimbursement and credits.
  c. Notwithstanding any other law, rule or regulation to the  contrary,
all  moneys  appropriated  to  the state education department for aid to
localities shall be available for payment of aid heretofore or hereafter
to accrue and may be suballocated to other departments and  agencies  to
accomplish the intent of the specific appropriations contained therein.
  d.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated  to  the  state  education  department  for  general
support  for  public  schools may be interchanged with any other item of
appropriation for general support for public schools within the  general
fund  local  assistance  account office of prekindergarten through grade
twelve education programs.
  S 41. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city  of  Rochester,  upon
the  consent  of  the  board  of cooperative educational services of the
supervisory district serving its geographic  region  may  purchase  from
such  board  for  the  2016--2017 school year, as a non-component school
district, services required by article 19 of the education law.
  S 42. The amounts specified in this section shall be a set aside  from
the  state  funds  which  each such district is receiving from the total
foundation aid: for the  purpose  of  the  development,  maintenance  or
expansion of magnet schools or magnet school programs for the 2016--2017
school  year.  To the city school district of the city of New York there
shall be paid forty-eight  million  one  hundred  seventy-five  thousand
dollars ($48,175,000) including five hundred thousand dollars ($500,000)
for the Andrew Jackson High School; to the Buffalo city school district,
twenty-one  million  twenty-five  thousand dollars ($21,025,000); to the
Rochester city school district, fifteen million  dollars  ($15,000,000);
to   the   Syracuse  city  school  district,  thirteen  million  dollars
($13,000,000); to the Yonkers city school district,  forty-nine  million
five hundred thousand dollars ($49,500,000); to the Newburgh city school

S. 6406                            34                            A. 9006

district,   four   million   six  hundred  forty-five  thousand  dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred seventy-five thousand dollars ($2,475,000); to the Mount  Vernon
city  school  district,  two  million  dollars  ($2,000,000); to the New
Rochelle city school district, one million  four  hundred  ten  thousand
dollars  ($1,410,000);  to  the  Schenectady  city  school district, one
million eight hundred thousand dollars ($1,800,000); to the Port Chester
city school district, one million one  hundred  fifty  thousand  dollars
($1,150,000);  to  the  White  Plains city school district, nine hundred
thousand dollars ($900,000); to the Niagara Falls city school  district,
six  hundred  thousand  dollars  ($600,000);  to  the Albany city school
district,  three   million   five   hundred   fifty   thousand   dollars
($3,550,000);  to  the  Utica  city school district, two million dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand dollars ($566,000); to the  Middletown  city  school  district,
four  hundred  thousand  dollars  ($400,000); to the Freeport union free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh  central  school  district,   three   hundred   thousand   dollars
($300,000);  to  the Amsterdam city school district, eight hundred thou-
sand dollars ($800,000); to the  Peekskill  city  school  district,  two
hundred  thousand  dollars  ($200,000);  and  to  the Hudson city school
district, four hundred thousand dollars ($400,000). Notwithstanding  the
provisions of this section, a school district receiving a grant pursuant
to  this  section may use such grant funds for: (i) any instructional or
instructional support costs associated with the operation  of  a  magnet
school; or (ii) any instructional or instructional support costs associ-
ated  with  implementation  of  an  alternative approach to reduction of
racial isolation and/or enhancement of  the  instructional  program  and
raising  of  standards  in  elementary  and  secondary schools of school
districts having substantial concentrations of  minority  students.  The
commissioner  of  education  shall  not be authorized to withhold magnet
grant funds from a school district that used such  funds  in  accordance
with  this section, notwithstanding any inconsistency with a request for
proposals issued by such commissioner. For  the  purpose  of  attendance
improvement  and  dropout prevention for the 2016--2017 school year, for
any city school district in a city having a population of more than  one
million, the set aside for attendance improvement and dropout prevention
shall  equal  the  amount set aside in the base year. For the 2016--2017
school year, it is further provided that any city school district  in  a
city  having  a  population  of  more than one million shall allocate at
least one-third of any increase from base year levels in funds set aside
pursuant to the requirements of this section to  community-based  organ-
izations.  Any  increase required pursuant to this section to community-
based organizations must be  in  addition  to  allocations  provided  to
community-based  organizations  in  the  base  year.  For the purpose of
teacher support for the 2016--2017  school  year:  to  the  city  school
district  of the city of New York, sixty-two million seven hundred seven
thousand dollars ($62,707,000); to the Buffalo city school district, one
million seven hundred forty-one thousand dollars  ($1,741,000);  to  the
Rochester city school district, one million seventy-six thousand dollars
($1,076,000);  to  the  Yonkers  city  school  district, one million one
hundred forty-seven thousand dollars ($1,147,000); and to  the  Syracuse
city  school  district,  eight hundred nine thousand dollars ($809,000).
All funds made available to a school district pursuant to  this  section
shall  be  distributed among teachers including prekindergarten teachers
and teachers of adult vocational and  academic  subjects  in  accordance

S. 6406                            35                            A. 9006

with  this  section  and  shall be in addition to salaries heretofore or
hereafter negotiated or made  available;  provided,  however,  that  all
funds distributed pursuant to this section for the current year shall be
deemed  to incorporate all funds distributed pursuant to former subdivi-
sion 27 of section 3602 of the education law for prior years.  In school
districts where the teachers are represented by certified or  recognized
employee  organizations,  all  salary  increases funded pursuant to this
section  shall  be  determined  by  separate   collective   negotiations
conducted pursuant to the provisions and procedures of article 14 of the
civil  service law, notwithstanding the existence of a negotiated agree-
ment between a school district and a certified  or  recognized  employee
organization.
  S  43.  Support  of  public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws  of  2016  enacting
the  aid  to  localities  budget  shall be apportioned for the 2016-2017
state fiscal year in accordance with the  provisions  of  sections  271,
272,  273,  282,  284,  and  285  of the education law as amended by the
provisions of this chapter and the provisions of this section,  provided
that library construction aid pursuant to section 273-a of the education
law  shall  not  be  payable  from the appropriations for the support of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it  received  for  the  year  2001-2002
except as a result of a reduction adjustment necessary to conform to the
appropriations  for  support  of  public  libraries. Notwithstanding any
other provision of law to the contrary the moneys appropriated  for  the
support  of  public libraries for the year 2016-2017 by a chapter of the
laws of 2016 enacting the education, labor and family assistance  budget
shall  fulfill  the state's obligation to provide such aid and, pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant to such appropriations  shall  be  reduced  proportionately  to
assure  that  the  total amount of aid payable does not exceed the total
appropriations for such purpose.
  S 44. Severability. The provisions of this act shall be severable, and
if the application of  any  clause,  sentence,  paragraph,  subdivision,
section  or  part  of  this  act  to any person or circumstance shall be
adjudged by any court of competent  jurisdiction  to  be  invalid,  such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of  this  act  or  remainder  thereof,  as the case may be, to any other
person or circumstance, but shall be confined in its  operation  to  the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.
  S  45.  This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2016, provided,
however, that:
  1. Sections one, six, seven, eight, nine, ten, twenty-six, twenty-sev-
en, twenty-eight, twenty-nine, thirty-seven, forty-one and forty-two  of
this act shall take effect July 1, 2016.
  2. The amendments to paragraph b-1 of subdivision 4 of section 3602 of
the education law made by section seven of this act shall not affect the
expiration of such paragraph and shall be deemed to expire therewith.
  3.  The  amendments  to subdivision 1 of section 2856 of the education
law made by section twelve of this act shall be subject to  the  expira-

S. 6406                            36                            A. 9006

tion  and  reversion  of  such  subdivision pursuant to subdivision d of
section 27 of chapter 378 of the laws of 2007,  as  amended,  when  upon
such  date  the  provisions  of  section thirteen of this act shall take
effect.
  4.  The  amendments  to  chapter 756 of the laws of 1992, amending the
education law relating to funding a program  for  work  force  education
conducted  by a consortium for worker education in New York City made by
sections twwnty-eight and twenty-nine of this act shall not  affect  the
repeal of such chapter and shall be deemed repealed therewith.
  5.  Section thirty-three of this act shall take effect immediately and
shall be deemed to have been in full force and effect on and  after  the
effective date of section 140 of chapter 82 of the laws of 1995.

                                 PART B

  Section  1.   Section 2801-a of the education law, as added by chapter
181 of the laws of 2000, subdivision 1 as amended  by chapter 380 of the
laws of 2001, is amended to read as follows:
  S 2801-a. School safety plans. 1. The board of education or  trustees,
as  defined  in  section  two  of this chapter, of every school district
within the state, however created, and every board of cooperative educa-
tional services and county vocational education and extension board  and
the chancellor of the city school district of the city of New York shall
adopt  and  amend  a  comprehensive district-wide school safety plan and
building-level [school safety] EMERGENCY RESPONSE plans regarding crisis
intervention, emergency response and management, provided  that  in  the
city  school  district  of  the  city  of  New York, such plans shall be
adopted by the chancellor of the city school district. Such plans  shall
be  developed by a district-wide school safety team and a building-level
school safety team established pursuant  to  subdivision  four  of  this
section  and shall be in a form developed by the commissioner in consul-
tation with the division of criminal justice services,  the  superinten-
dent  of  the  state police and any other appropriate state agencies. [A
school district having only one school building, shall develop a  single
building-level school safety plan, which shall also fulfill all require-
ments for development of a district-wide plan.]
  2.  Such comprehensive district-wide safety plan shall be developed by
the district-wide school safety team and shall include at a minimum:
  a. policies and procedures for responding to implied or direct threats
of violence by students, teachers, other school  personnel  as  well  as
visitors to the school;
  b.  policies  and  procedures  for  responding  to acts of violence by
students, teachers, other school personnel as well as  visitors  to  the
school,  including  consideration  of zero-tolerance policies for school
violence;
  c. appropriate prevention and intervention strategies such as:
  (i) collaborative arrangements with state and  local  law  enforcement
officials,  designed  to  ensure  that  school safety officers and other
security personnel are adequately trained, including  being  trained  to
de-escalate  potentially  violent  situations,  and  are effectively and
fairly recruited;
  (ii) non-violent conflict resolution training programs;
  (iii) peer mediation programs and youth courts; and
  (iv) extended day and other school safety programs;
  d. policies and procedures for contacting appropriate law  enforcement
officials in the event of a violent incident;

S. 6406                            37                            A. 9006

  e.  policies  and  procedures  for  contacting  parents,  guardians or
persons in parental relation to the students  of  the  district  in  the
event of a violent incident;
  f.  policies  and  procedures  relating  to  school building security,
including where appropriate the use of  school  safety  officers  and/or
security devices or procedures;
  g.  policies and procedures for the dissemination of informative mate-
rials regarding the early detection of  potentially  violent  behaviors,
including but not limited to the identification of family, community and
environmental  factors,  to  teachers, administrators, school personnel,
persons in parental relation to students of the district,  students  and
other persons deemed appropriate to receive such information;
  h. policies and procedures for annual school safety training for staff
and students; PROVIDED THAT THE DISTRICT MUST CERTIFY TO THE COMMISSION-
ER  THAT  ALL  STAFF  HAVE  UNDERGONE  ANNUAL  TRAINING ON THE EMERGENCY
RESPONSE PLAN BY SEPTEMBER FIFTEENTH OF EACH SCHOOL YEAR OR  WITHIN  TEN
DAYS  OF HIRE, AND THAT THE SCHOOL SAFETY TRAINING INCLUDE COMPONENTS ON
VIOLENCE PREVENTION AND MENTAL HEALTH;
  i. protocols for responding to bomb threats,  hostage-takings,  intru-
sions and kidnappings;
  j.  strategies  for improving communication among students and between
students and staff and reporting of potentially violent incidents,  such
as  the  establishment  of  youth-run programs, peer mediation, conflict
resolution, creating a  forum  or  designating  a  mentor  for  students
concerned with bullying or violence and establishing anonymous reporting
mechanisms for school violence; [and]
  k.  a  description of the duties of hall monitors and any other school
safety personnel, the training required of all  personnel  acting  in  a
school  security  capacity, and the hiring and screening process for all
personnel acting in a school security capacity; AND
  1.  THE DESIGNATION OF THE SUPERINTENDENT, OR SUPERINTENDENT'S  DESIG-
NEE,  AS THE DISTRICT CHIEF EMERGENCY OFFICER RESPONSIBLE FOR COORDINAT-
ING COMMUNICATION BETWEEN SCHOOL STAFF AND  LAW  ENFORCEMENT  AND  FIRST
RESPONDERS, AND ENSURING STAFF UNDERSTANDING OF THE DISTRICT-LEVEL SAFE-
TY  PLAN.  THE  CHIEF  EMERGENCY  OFFICER  SHALL ALSO BE RESPONSIBLE FOR
ENSURING THE COMPLETION AND YEARLY UPDATING OF BUILDING-LEVEL  EMERGENCY
RESPONSE PLANS.
  3.  A  school emergency response plan, developed by the building-level
school safety team defined in subdivision four of this section, shall BE
KEPT CONFIDENTIAL, INCLUDING BUT NOT LIMITED TO THE FLOOR  PLANS,  BLUE-
PRINTS, SCHEMATICS OR OTHER MAPS OF THE SCHOOL INTERIOR, SCHOOLS GROUNDS
AND  ROAD  MAPS  OF  THE  IMMEDIATE  SURROUNDING  AREA, AND SHALL NOT BE
DISCLOSED EXCEPT TO AUTHORIZED  DEPARTMENT  OR  SCHOOL  STAFF,  AND  LAW
ENFORCEMENT OFFICERS, AND SHALL include the following elements:
  a.  policies  and  procedures  for  [the  safe evacuation of students,
teachers, other school personnel as well as visitors to  the  school  in
the  event of a serious violent incident or other emergency, which shall
include evacuation routes and shelter sites and procedures for  address-
ing  medical needs, transportation and emergency notification to persons
in parental relation to a student. For  purposes  of  this  subdivision,
"serious violent incident" means an incident of violent criminal conduct
that  is, or appears to be, life threatening and warrants the evacuation
of students and/or staff, as defined in regulations of the  commissioner
developed in conjunction with the division of criminal justice services]
RESPONSE  TO  EMERGENCY  SITUATIONS, SUCH AS THOSE REQUIRING EVACUATION,
SHELTERING, AND LOCK-DOWN. THESE POLICIES SHALL INCLUDE,  AT  A  MINIMUM

S. 6406                            38                            A. 9006

EVACUATION  ROUTES, SHELTER SITES, AND PROCEDURES FOR ADDRESSING MEDICAL
NEEDS, TRANSPORTATION AND EMERGENCY NOTIFICATION OF PARENTS AND  GUARDI-
ANS;
  b.  designation  of  an  emergency  response  team comprised of school
personnel, [local] law enforcement officials, FIRE OFFICIALS and  repre-
sentatives from local regional and/or state emergency response agencies,
other  appropriate incident response teams, and a post-incident response
team that includes  appropriate  school  personnel,  medical  personnel,
mental  health counselors and others who can assist the school community
in coping with the aftermath of a violent incident;
  c. [procedures for assuring that crisis response and  law  enforcement
officials  have  access to] floor plans, blueprints, schematics or other
maps of the school interior, school grounds and road maps of the immedi-
ate surrounding area;
  d. establishment of internal and  external  communication  systems  in
emergencies;
  e.  definition of the chain of command in a manner consistent with the
national interagency incident management system/incident command system;
  f. coordination of the school safety plan with the state-wide plan for
disaster mental health services to assure that the school has access  to
federal,  state  and  local  mental  health  resources in the event of a
violent incident;
  g. procedures for review and the conduct of drills and other exercises
to test components of the emergency response plan; and
  h. policies and procedures for securing and restricting access to  the
crime  scene in order to preserve evidence in cases of violent crimes on
school property.
  4. Each district-wide school safety team shall  be  appointed  by  the
board  of  education,  or  the chancellor in the case of the city school
district of the city of New York, and shall include but not  be  limited
to  representatives of the school board, [student,] teacher, administra-
tor, and parent organizations, school safety personnel, and other school
personnel. Each building-level school safety team shall be appointed  by
the  building  principal,  in  accordance with regulations or guidelines
prescribed by the board of  education,  chancellor  or  other  governing
body.  Such  building-level  teams  shall  include but not be limited to
representatives of teacher,  administrator,  and  parent  organizations,
school  safety  personnel and other school personnel, community members,
[local] law enforcement officials, [local ambulance] FIRE  OFFICIALS  or
other  emergency  response  agencies,  and any other representatives the
board of education, chancellor or other governing body  deems  appropri-
ate.
  5. [Each safety plan shall be reviewed by the appropriate school safe-
ty  team  on  at  least  an  annual  basis,  and  updated as needed] THE
DISTRICT-WIDE SAFETY PLAN AND BUILDING-LEVEL  EMERGENCY  RESPONSE  PLANS
SHALL  BE  REVIEWED  BY THE APPROPRIATE TEAM ON AT LEAST AN ANNUAL BASIS
AND UPDATED AS NEEDED.
  6. Each board of education, chancellor or other governing  body  shall
make  each  district-wide [and building-level school] safety plan avail-
able for public comment at least thirty days  prior  to  its  adoption[,
provided  that  only a summary of each building-level emergency response
plan shall be made available for  public  comment].  Such  district-wide
[and building-level] plans may be adopted by the school board only after
at  least  one  public  hearing  that  provides for the participation of
school personnel, parents, students and any  other  interested  parties.
Each  district  shall  file  a copy of its district-wide [comprehensive]

S. 6406                            39                            A. 9006

safety plan with the commissioner and all amendments to such plan  shall
be  filed  with  the  commissioner no later than thirty days after their
adoption.
  [A]  7. EACH BOARD OF EDUCATION, CHANCELLOR OR OTHER GOVERNING BODY OR
OFFICER SHALL ENSURE A copy of each  building-level  [safety]  EMERGENCY
RESPONSE plan and any amendments thereto, shall be filed with the appro-
priate  local  law  enforcement  agency and with the state police within
thirty days of its adoption.   Building-level emergency  response  plans
shall be confidential and shall not be subject to disclosure under arti-
cle six of the public officers law or any other provision of law. If the
board  of  education,  chancellor  or other governing body or chancellor
fails to file such plan as required by this  section,  the  commissioner
may,  in an amount determined by the commissioner, withhold public money
from the district until the district is in compliance.
  [7. The commissioner may grant a waiver of the  requirements  of  this
section  to  any  school  district  or  board of cooperative educational
services for a period of up to two years from the date of enactment upon
a finding by the commissioner that such district had adopted  a  compre-
hensive  school  safety plan on the effective date of this section which
is in substantial compliance with the requirements of this section.]
  8. The commissioner shall annually report  to  the  governor  and  the
legislature  on the implementation and compliance with the provisions of
this section.
  9. Whenever it shall have been demonstrated to the satisfaction of the
commissioner that a school district  has  failed  to  adopt  a  code  of
conduct  which  fully satisfies the requirements of section twenty-eight
hundred one of this article, or a  [school  safety  plan]  DISTRICT-WIDE
SAFETY  PLAN  OR BUILDING-LEVEL EMERGENCY RESPONSE PLANS which satisfies
the requirements of this section, or to faithfully and completely imple-
ment [either or both] ALL THREE, the commissioner may,  on  thirty  days
notice  to the district, withhold from the district monies to be paid to
such district for the current school year pursuant to section thirty-six
hundred nine-a of this chapter,  exclusive  of  monies  to  be  paid  in
respect of obligations to the retirement systems for school and district
staff  and  pursuant to collective bargaining agreements, or the commis-
sioner may direct the district to expend up  to  such  amount  upon  the
development  and  implementation  of  a  code  of  conduct  and a school
district safety plan as required by such sections. Prior to  such  with-
holding  or  redirection, the commissioner shall provide the district an
opportunity to  present  evidence  of  extenuating  circumstances;  when
combined  with  evidence  that the district shall promptly comply within
short time frames that shall be established by the commissioner as  part
of  an  agreement between the district and the commissioner, the commis-
sioner may temporarily stay the  withholding  or  redirection  of  funds
pending  implementation  of such agreement. If the district promptly and
fully complies with the agreement and is in full  compliance  with  this
section  and  section  twenty-eight  hundred  one  of  this article, the
commissioner shall abate the withholding in its entirety. Any failure to
meet the obligations of the compliance agreement by the district  within
the time frames established shall be considered a willful violation of a
commissioner's  order  by the members of the district board for purposes
of subdivision one of section three hundred six of  the  education  law.
Notwithstanding  any  other law, rule or regulation, such transfer shall
take effect upon filing of a notice thereof with  the  director  of  the
budget  and the chairs of the senate finance and assembly ways and means
committees.

S. 6406                            40                            A. 9006

  S 2. The section heading and subdivisions 1 and 1-a of section 807  of
the  education law, the section heading as amended by chapter 765 of the
laws of 1964, subdivision 1 as amended by chapter 143  of  the  laws  of
1985  and subdivision 1-a as added by chapter 9 of the laws of 1991, are
amended to read as follows:
  Fire  AND  EMERGENCY drills.  1. It shall be the duty of the principal
or other person in charge of every public or private  school  or  educa-
tional  institution  within  the state, other than colleges or universi-
ties, to instruct and train the pupils by means of drills, so that  they
may in a sudden emergency be able to [leave the school building] RESPOND
APPROPRIATELY  in  the  shortest  possible time and without confusion or
panic. Such drills [or rapid dismissals] shall be held at  least  twelve
times  in each school year, eight of which required drills shall be held
between September first and December [first] THIRTY-FIRST of  each  such
year.  [At  least one-third of all such required drills shall be through
use of the fire escapes on buildings where fire escapes are provided. In
the course of at least one such drill, pupils shall be instructed in the
procedure to be followed in the event that a fire  occurs  during  lunch
period, provided however, that such additional instruction may be waived
where  a drill is held during the regular school lunch period.  At least
four] EIGHT OF ALL SUCH DRILLS SHALL BE EVACUATION DRILLS, FOUR OF WHICH
SHALL BE THROUGH USE OF THE FIRE ESCAPES ON BUILDINGS WHERE FIRE ESCAPES
ARE PROVIDED OR THROUGH THE USE OF IDENTIFIED SECONDARY MEANS OF EGRESS.
FOUR OF ALL SUCH REQUIRED DRILLS SHALL  BE  LOCK-DOWN  DRILLS.    DRILLS
SHALL  BE  CONDUCTED  AT DIFFERENT TIMES OF THE SCHOOL DAY WITH AT LEAST
ONE OF THE EIGHT REQUIRED EVACUATION  DRILLS  OCCURRING  DURING  A  MASS
GATHERING  EVENT  SUCH  AS  LUNCH  OR ASSEMBLIES. FOUR additional drills
shall be held in each school year during  the  hours  after  sunset  and
before  sunrise  in school buildings in which students are provided with
sleeping accommodations.  At least two additional drills shall  be  held
during  summer school in buildings where summer school is conducted, and
one of such drills shall be held during the first week of summer school.
  1-a. In the case of  after-school  programs,  events  or  performances
which  are  conducted within a school building and which include persons
who do not regularly attend classes in such school building, the princi-
pal or other person in charge of the building shall require the  teacher
or  person  in charge of such after-school program, event or performance
to notify persons in attendance at the beginning of each  such  program,
event  or  performance, of the procedures to be followed in the event of
an emergency so that they may be able to [leave the building] RESPOND in
a timely, orderly manner.
  S 3. Subdivision 7 of section 3604 of the education law, as amended by
section 31 of part B of chapter 57 of the laws of 2007,  is  amended  to
read as follows:
  7.  No district shall be entitled to any portion of such school moneys
on such apportionment unless the report of  the  trustees  or  board  of
education  for  the  preceding  school  year  shall show that the public
schools were actually in session in the district and taught by a  quali-
fied  teacher or by successive qualified teachers or by qualified teach-
ers for not less than one hundred eighty days. The moneys payable  to  a
school  district  pursuant  to section thirty-six hundred nine-a of this
chapter in the current year shall be reduced by one  one-hundred  eight-
ieth  of  the district's total foundation aid for each day less than one
hundred eighty days that the schools of the district  were  actually  in
session,  except  that the commissioner may disregard such reduction, up
to five days, in the apportionment of public money, if he finds that the

S. 6406                            41                            A. 9006

schools of the district were not in session for one hundred eighty  days
because  of  extraordinarily  adverse  weather conditions, impairment of
heating facilities, insufficiency of water  supply,  shortage  of  fuel,
lack  of electricity, natural gas leakage, unacceptable levels of chemi-
cal substances, A CREDIBLE THREAT TO STUDENT SAFETY AS REASONABLY DETER-
MINED BY A LEAD SCHOOL OFFICIAL or the destruction of a school  building
either in whole or in part, and if, further, the commissioner finds that
such  district  cannot make up such days of instruction by using for the
secondary grades all scheduled vacation days which occur  prior  to  the
first  scheduled regents examination day in June, and for the elementary
grades all scheduled vacation days which occur prior to the last  sched-
uled  regents examination day in June. For the purposes of this subdivi-
sion, "scheduled vacation days" shall mean days on which the schools  of
the  district  are not in session and for which no prohibition exists in
subdivision eight of this section for them to be in session.
  S 4. This act shall take effect July 1, 2016.

                                 PART C

  Section 1. Subparagraphs a and b of paragraph 2 of  subdivision  A  of
section  6221  of the education law, as added by chapter 305 of the laws
of 1979, is amended to read as follows:
  a. Notwithstanding any other provision of law, the city  of  New  York
shall  appropriate  in  its expense budget and pay to the account of the
senior colleges of the city university of  New  York  as  operating  aid
amounts in accordance with the following schedule:
  (i)  For  the  twelve-month  period  commencing  July  first, nineteen
hundred seventy-nine, an amount  equal  to  the  lesser  of  fifty-eight
million,  three  hundred  ninety-three thousand dollars ($58,393,000) or
twenty-five per centum of the net  operating  expenses  of  such  senior
college  programs  and  services, as certified by the comptroller of the
state of New York to be properly chargeable to such twelve-month period;
  (ii) For the  twelve-month  period  commencing  July  first,  nineteen
hundred eighty, an amount equal to eighty per centum of the amount spec-
ified in (i) of subparagraph a of this paragraph.
  (iii)  For  the  twelve-month  period  commencing July first, nineteen
hundred eighty-one, an amount equal to forty per centum  of  the  amount
specified in (i) of subparagraph a of this paragraph.
  [b.]  (IV)  For the [twelve-month] period commencing July first, nine-
teen hundred eighty-two and  [thereafter]  ENDING  JUNE  THIRTIETH,  TWO
THOUSAND SIXTEEN, the city of New York shall not be required to make any
appropriation  in  support of the net operating expenses of the programs
and services of the senior colleges of the city university.
  (V) FOR THE TWELVE-MONTH PERIOD COMMENCING JULY  FIRST,  TWO  THOUSAND
SIXTEEN  AND FOR EACH TWELVE MONTH PERIOD THEREAFTER, AN AMOUNT EQUAL TO
THIRTY PER CENTUM OF THE NET OPERATING EXPENSES OF THE APPROVED PROGRAMS
AND SERVICES OF THE SENIOR COLLEGES, PLUS AN ADDITIONAL AMOUNT EQUAL  TO
THIRTY PER CENTUM OF THE CITY UNIVERSITY SENIOR COLLEGE DEBT SERVICE AND
CAPITAL  CONSTRUCTION ADMINISTRATIVE EXPENSE FOR THE TWELVE-MONTH PERIOD
FIRST BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN AND FOR EACH  TWELVE-
MONTH PERIOD THEREAFTER AS CERTIFIED BY THE DIRECTOR OF THE BUDGET TO BE
PROPERLY CHARGEABLE TO SUCH TWELVE-MONTH PERIOD.
  S 2. Subparagraph c of paragraph 2 of subdivision A of section 6221 of
the education law is relettered subparagraph b.
  S 3. Subparagraph d of paragraph 2 of subdivision A of section 6221 of
the education law is relettered subparagraph c.

S. 6406                            42                            A. 9006

  S 4. Subparagraph e of paragraph 2 of subdivision A of section 6221 of
the  education  law, as added by chapter 815 of the laws of 1980 and the
opening paragraph and item (iii) as amended by chapter 87 of the laws of
2002, is amended to read as follows:
  [e.] D. In addition to the amounts specified in subparagraph a of this
paragraph  [and notwithstanding the provisions of subparagraph b of this
paragraph], the city of New York shall appropriate in its expense budget
and pay to the account of the senior colleges of the city university  of
New  York as the city's share of operating aid for the college of Staten
Island and New York city college of  technology  amounts  in  accordance
with the following schedule:
  (i)  For  the  twelve  month  period  commencing  July first, nineteen
hundred eighty, an amount that shall equal  four  million,  one  hundred
thousand dollars ($4,100,000).
  (ii)  For  the  twelve  month  period  commencing July first, nineteen
hundred eighty-one, an amount equal to one-half of the amount  specified
in clause (i) of this subparagraph.
  (iii)  For  the  [twelve month] period commencing July first, nineteen
hundred eighty-two, and [thereafter] ENDING JUNE THIRTIETH, TWO THOUSAND
SIXTEEN the city of New York shall not be required to make any appropri-
ation for operating aid for the college of Staten Island  and  New  York
city college of technology.
  S  5.  Paragraph  4  of subdivision A of section 6221 of the education
law, as added by chapter 305 of the law of 1979, is amended to  read  as
follows:
  4.  [Commencing]  NOTWITHSTANDING  THE  PROVISION  OF ANY LAW, RULE OR
REGULATION TO THE CONTRARY, (A) COMMENCING with the twelve-month  period
beginning  July  first,  nineteen  hundred  eighty-two  and [thereafter]
ENDING JUNE THIRTIETH, TWO THOUSAND SIXTEEN, the state  shall  reimburse
to  the  city  of  New  York one hundred per centum of the net operating
expenses  of  the  approved  programs  and  services   of   the   senior
colleges[.]; AND
  (B)  COMMENCING WITH THE TWELVE-MONTH PERIOD BEGINNING JULY FIRST, TWO
THOUSAND SIXTEEN AND FOR EACH TWELVE-MONTH PERIOD THEREAFTER, THE  STATE
SHALL  REIMBURSE  TO  THE CITY OF NEW YORK SEVENTY PER CENTUM OF THE NET
OPERATING EXPENSES OF THE APPROVED PROGRAMS AND SERVICES OF  THE  SENIOR
COLLEGES  LESS  AN  ADDITIONAL  AMOUNT EQUAL TO THIRTY PER CENTUM OF THE
CITY UNIVERSITY SENIOR COLLEGE DEBT  SERVICE  AND  CAPITAL  CONSTRUCTION
ADMINISTRATIVE EXPENSE FOR THE TWELVE-MONTH PERIOD FIRST BEGINNING APRIL
FIRST, TWO THOUSAND FOURTEEN AND FOR EACH TWELVE MONTH PERIOD THEREAFTER
AS  CERTIFIED BY THE DIRECTOR OF THE BUDGET TO BE PROPERLY CHARGEABLE TO
SUCH TWELVE-MONTH PERIOD.
  S 6. Subdivision D of section 6221 of the education law, as  added  by
chapter  815 of the laws of 1980 and as relettered by chapter 585 of the
laws of 1988, is amended to read as follows:
  D. College of Staten Island. Notwithstanding the  designation  of  the
college of Staten Island as a senior college:
  (i)  the  city  of  New York shall annually appropriate in its expense
budget and pay to the city university of New York, as operating  aid  in
support of the programs and services of the college of Staten Island, an
amount  for  each  full-time  equivalent student in the associate degree
program of the college equal to the amount  the  city  of  New  York  is
appropriating  and  paying  for each full-time equivalent student in the
community colleges;
  (ii) and the state of New York shall annually appropriate and  pay  to
the  city  university of New York an amount equal to [the net operating]

S. 6406                            43                            A. 9006

ITS SHARE OF expenses of the college of Staten Island  less  the  amount
payable  by the city of New York pursuant to this [subdivision] SECTION.
Such state of New York payment shall be made in four installments on  or
before  April  twenty-fifth, June twenty-fifth, October twenty-fifth and
January twenty-fifth. The amount to be paid by  the  city  of  New  York
pursuant  to  this subdivision shall be determined by the state director
of the budget, based upon information submitted by  the  mayor  in  such
form  and  content  and at such time as may be [requred] REQUIRED by the
state director of the budget.
  S 7. Subdivision E of section 6221 of the education law, as  added  by
chapter  170  of the laws of 1994, paragraph (i) as amended by section 2
and paragraph (ii) as renumbered by section 3 of part HH of  chapter  57
of the laws of 2009, is amended to read as follows:
  E.  Medgar  Evers  college.  Notwithstanding the designation of Medgar
Evers college as a senior college:
  (i) in addition to the amounts specified in subparagraph  e  of  para-
graph  two  of subdivision A of this section, the city of New York shall
annually appropriate in its expense budget and pay to the city universi-
ty of New York as operating aid in support of the programs and services,
an amount for each full-time equivalent student in the associate  degree
program  of  the  college  equal  to  the amount the city of New York is
appropriating and paying for each full-time equivalent  student  in  the
community colleges; and
  (ii)  the  state of New York shall annually appropriate and pay to the
city of New York on behalf of the city university of New York an  amount
equal  to  [the  net  operating]  ITS  SHARE OF expenses of Medgar Evers
college less the amount payable by the city of New York pursuant to this
[subdivision] SECTION.  Such state of New York payment shall be made  in
four  installments  on  or before April twenty-fifth, June twenty-fifth,
October twenty-fifth and February twenty-fifth. The amount to be paid by
the city of New York pursuant to this subdivision shall be determined by
the state director of the budget, based upon  information  submitted  by
the  mayor  in such form and content and at such time as may be required
by the state director of the budget.
  S 8. This act shall take effect immediately.

                                 PART D

  Section 1. Subparagraph 4 of paragraph h of subdivision 2  of  section
355 of the education law, as amended by chapter 260 of the laws of 2011,
the  opening paragraph as amended by chapter 437 of the laws of 2015 and
clause (ii) as amended by section 1 of part P of chapter 57 of the  laws
of 2012, is amended to read as follows:
  (4)  The trustees shall not impose a differential tuition charge based
upon need or  income.  Except  as  hereinafter  provided,  all  students
enrolled  in  programs  leading to like degrees at state-operated insti-
tutions of the state university shall  be  charged  a  uniform  rate  of
tuition  except for differential tuition rates based on state residency.
Provided, however, that the trustees may authorize the presidents of the
colleges of technology and the colleges of agriculture and technology to
set differing rates of tuition for each of  the  colleges  for  students
enrolled  in degree-granting programs leading to an associate degree and
non-degree granting programs so long  as  such  tuition  rate  does  not
exceed  the  tuition  rate  charged to students who are enrolled in like
degree programs or degree-granting undergraduate programs leading  to  a
baccalaureate  degree  at other state-operated institutions of the state

S. 6406                            44                            A. 9006

university of New York. Notwithstanding  any  other  provision  of  this
subparagraph, the trustees may authorize the setting of a separate cate-
gory  of  tuition  rate, that shall be greater than the tuition rate for
resident  students  and  less  than  the  tuition  rate for non-resident
students, only for students enrolled in distance  learning  courses  who
are  not  residents of the state. Except as otherwise authorized in this
subparagraph, the trustees shall not  adopt  changes  affecting  tuition
charges  prior  to  the enactment of the annual budget, provided however
that:
  (i) Commencing with  the  two  thousand  eleven--two  thousand  twelve
academic  year  and  ending  in  the  two thousand fifteen--two thousand
sixteen academic year the state university of New York board of trustees
shall be empowered  to  increase  the  resident  undergraduate  rate  of
tuition  by not more than three hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in  the  prior
academic  year, provided however that if the annual resident undergradu-
ate rate of tuition would exceed five thousand dollars, then  a  tuition
credit  for  each  eligible student, as determined and calculated by the
New York state higher education services corporation pursuant to section
six hundred eighty-nine-a of this title, shall  be  applied  toward  the
tuition charged for each semester, quarter or term of study. Tuition for
each semester, quarter or term of study shall not be due for any student
eligible  to  receive  such  tuition  credit until the tuition credit is
calculated and applied against the tuition charged for the corresponding
semester, quarter or term.
  (II) COMMENCING WITH THE TWO THOUSAND SIXTEEN--TWO THOUSAND  SEVENTEEN
ACADEMIC  YEAR AND ENDING IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
TY-ONE ACADEMIC YEAR THE STATE UNIVERSITY OF NEW YORK BOARD OF  TRUSTEES
SHALL  BE  EMPOWERED  TO  INCREASE  THE  RESIDENT  UNDERGRADUATE RATE OF
TUITION BY NOT MORE THAN THREE HUNDRED DOLLARS OVER THE RESIDENT  UNDER-
GRADUATE  RATE  OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE PRIOR
ACADEMIC YEAR, PROVIDED, HOWEVER THAT IF THE ANNUAL RESIDENT UNDERGRADU-
ATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN  A  TUITION
CREDIT  FOR  EACH  ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED BY THE
NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO SECTION
SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL  BE  APPLIED  TOWARD  THE
TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION FOR
EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT
ELIGIBLE  TO  RECEIVE  SUCH  TUITION  CREDIT UNTIL THE TUITION CREDIT IS
CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING
SEMESTER, QUARTER OR TERM.  PROVIDED, FURTHER:
  (1) THE BOARD OF TRUSTEES SHALL ONLY INCREASE THE RATE OF TUITION UPON
DETERMINATION THAT (A) ADMINISTRATIVE COST SAVINGS ARE BEING IMPLEMENTED
TO MITIGATE THE NEED FOR A TUITION INCREASE, PROVIDED THAT SUCH  SAVINGS
SHALL  NOT  INCLUDE A STAFFING REDUCTION; AND (B) THE INCREASE IS JUSTI-
FIED BASED UPON INFLATIONARY INDICES.
  (2) THE REVENUE RESULTING FROM AN INCREASE  IN  THE  RATE  OF  TUITION
SHALL  BE  ALLOCATED  TO  EACH CAMPUS PURSUANT TO A PLAN APPROVED BY THE
BOARD OF TRUSTEES TO SUPPORT INVESTMENTS IN FACULTY, INSTRUCTION  AND  A
TUITION CREDIT FOR EACH ELIGIBLE STUDENT.
  [(ii)]  (III)  On  or before November thirtieth, two thousand [eleven]
SIXTEEN, the trustees shall approve and submit  to  the  chairs  of  the
assembly  ways  and means committee and the senate finance committee and
to the director of the budget a master tuition plan  setting  forth  the
tuition  rates  that  the  trustees  propose  for resident undergraduate
students for the five year  period  commencing  with  the  two  thousand

S. 6406                            45                            A. 9006

[eleven]  SIXTEEN--two  thousand  [twelve]  SEVENTEEN  academic year and
ending in the two thousand [fifteen-two  thousand  sixteen]  TWENTY--TWO
THOUSAND  TWENTY-ONE academic year, and shall submit any proposed amend-
ments  to such plan by November thirtieth of each subsequent year there-
after through November thirtieth, two  thousand  [fifteen]  TWENTY,  and
provided  further, that with the approval of the board of trustees, each
university center may increase non-resident undergraduate tuition  rates
each  year  by  not  more than ten percent over the tuition rates of the
prior academic year for a [five] TEN year  period  commencing  with  the
semester following the semester in which the governor and the chancellor
of  the  state  university of New York approve the NY-SUNY 2020 proposal
for such university center.
  [(iii)] (IV) The state shall appropriate annually and  make  available
general fund operating support, including fringe benefits, for the state
university  in  an amount not less than the amount appropriated and made
available to the state university in  state  fiscal  year  two  thousand
eleven--two thousand twelve. Beginning in state fiscal year two thousand
twelve-two thousand thirteen and thereafter, the state shall appropriate
and  make  available  general  fund  operating support, including fringe
benefits, for the state university in an amount not less than the amount
appropriated  and  made  available  in  the  prior  state  fiscal  year;
provided, however, that if the governor declares a fiscal emergency, and
communicates such emergency to the temporary president of the senate and
speaker  of  the  assembly,  state support for operating expenses at the
state university and city university may be reduced in a manner  propor-
tionate  to  one  another,  and  the aforementioned provisions shall not
apply.
  [(iv)] (V) For the state university fiscal years commencing two  thou-
sand  eleven--two  thousand twelve and ending two thousand [fifteen--two
thousand  sixteen]  TWENTY--TWO  THOUSAND  TWENTY-ONE,  each  university
center  may  set  aside  a  portion of its tuition revenues derived from
tuition increases to provide increased financial aid for New York  state
resident undergraduate students whose net taxable income is eighty thou-
sand  dollars or more subject to the approval of a NY-SUNY 2020 proposal
by the governor and the chancellor of the state university of New  York.
Nothing  in  this  paragraph  shall  be  construed  as to authorize that
students whose net taxable income is eighty thousand dollars or more are
eligible for tuition assistance program awards pursuant to  section  six
hundred sixty-seven of this chapter.
  S  2.  Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by chapter 260 of the laws of 2011 and the opening para-
graph as amended by chapter 437 of the laws of 2015, is amended to  read
as follows:
  (a)  The  board  of  trustees  shall establish positions, departments,
divisions and faculties; appoint and in accordance with  the  provisions
of  law  fix  salaries  of instructional and non-instructional employees
therein; establish and conduct courses and curricula;  prescribe  condi-
tions of student admission, attendance and discharge; and shall have the
power  to  determine  in its discretion whether tuition shall be charged
and to regulate tuition charges, and  other  instructional  and  non-in-
structional  fees and other fees and charges at the educational units of
the city university. The trustees shall review  any  proposed  community
college  tuition  increase  and the justification for such increase. The
justification provided by the community college for such increase  shall
include  a  detailed  analysis of ongoing operating costs, capital, debt
service expenditures, and all revenues. The trustees shall not impose  a

S. 6406                            46                            A. 9006

differential  tuition  charge  based  upon  need or income. All students
enrolled in programs leading to like  degrees  at  the  senior  colleges
shall  be  charged  a  uniform  rate of tuition, except for differential
tuition  rates  based  on  state  residency.  Notwithstanding  any other
provision of this paragraph, the trustees may authorize the setting of a
separate category of tuition  rate,  that  shall  be  greater  than  the
tuition  rate  for  resident students and less than the tuition rate for
non-resident students, only for students enrolled in  distance  learning
courses who are not residents of the state; provided, however, that:
  (i)  Commencing  with  the  two  thousand  eleven--two thousand twelve
academic year and ending  in  the  two  thousand  fifteen--two  thousand
sixteen academic year, the city university of New York board of trustees
shall  be  empowered  to  increase  the  resident  undergraduate rate of
tuition by not more than three hundred dollars over the resident  under-
graduate  rate  of tuition adopted by the board of trustees in the prior
academic year, provided however that if the annual resident  undergradu-
ate  rate  of tuition would exceed five thousand dollars, then a tuition
credit for each eligible student, as determined and  calculated  by  the
New York state higher education services corporation pursuant to section
six  hundred  eighty-nine-a of this chapter, shall be applied toward the
tuition charged for each semester, quarter or term of  study.    Tuition
for  each  semester,  quarter  or term of study shall not be due for any
student eligible to receive such tuition credit until the tuition credit
is calculated and applied against the tuition  charged  for  the  corre-
sponding semester, quarter or term.
  (II)  COMMENCING WITH THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN
ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY--TWO THOUSAND  TWEN-
TY-ONE  ACADEMIC  YEAR THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES
SHALL BE EMPOWERED  TO  INCREASE  THE  RESIDENT  UNDERGRADUATE  RATE  OF
TUITION  BY NOT MORE THAN THREE HUNDRED DOLLARS OVER THE RESIDENT UNDER-
GRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN  THE  PRIOR
ACADEMIC  YEAR, PROVIDED HOWEVER THAT IF THE ANNUAL RESIDENT UNDERGRADU-
ATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN  A  TUITION
CREDIT  FOR  EACH  ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED BY THE
NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO SECTION
SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL  BE  APPLIED  TOWARD  THE
TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION FOR
EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT
ELIGIBLE  TO  RECEIVE  SUCH  TUITION CREDIT UNTIL THE TUITION CREDIT  IS
CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING
SEMESTER, QUARTER OR TERM. PROVIDED, FURTHER:
  (1) THE BOARD OF TRUSTEES SHALL ONLY INCREASE THE RATE OF TUITION UPON
DETERMINATION THAT (A) ADMINISTRATIVE COST SAVINGS ARE BEING IMPLEMENTED
TO MITIGATE THE NEED FOR A TUITION INCREASE, PROVIDED THAT SUCH  SAVINGS
SHALL  NOT  INCLUDE A STAFFING REDUCTION; AND (B) THE INCREASE IS JUSTI-
FIED BASED UPON INFLATIONARY INDICES.
  (2) THE REVENUE RESULTING FROM AN INCREASE  IN  THE  RATE  OF  TUITION
SHALL  BE  ALLOCATED  TO  EACH CAMPUS PURSUANT TO A PLAN APPROVED BY THE
BOARD OF TRUSTEES TO SUPPORT INVESTMENTS IN FACULTY, INSTRUCTION  AND  A
TUITION CREDIT FOR EACH ELIGIBLE STUDENT.
  [(ii)]  (III)  On  or before November thirtieth, two thousand [eleven]
SIXTEEN, the trustees shall approve and submit  to  the  chairs  of  the
assembly  ways  and means committee and the senate finance committee and
to the director of the budget a master tuition plan  setting  forth  the
tuition  rates  that  the  trustees  propose  for resident undergraduate
students for the five year  period  commencing  with  the  two  thousand

S. 6406                            47                            A. 9006

[eleven]  SIXTEEN--two  thousand  [twelve]  SEVENTEEN  academic year and
ending in the two thousand [fifteen--two thousand  sixteen]  TWENTY--TWO
THOUSAND  TWENTY-ONE academic year, and shall submit any proposed amend-
ments  to such plan by November thirtieth of each subsequent year there-
after through November thirtieth, two thousand [fifteen] TWENTY.
  [(iii)] (IV) The state shall appropriate annually and  make  available
state support for operating expenses, including fringe benefits, for the
city  university  in an amount not less than the amount appropriated and
made available to the city university in state fiscal year two  thousand
eleven--two thousand twelve. Beginning in state fiscal year two thousand
twelve--two  thousand  thirteen  and [thereafter] ENDING IN STATE FISCAL
YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, the state shall  appro-
priate  and make available state support for operating expenses, includ-
ing fringe benefits, for the city university in an amount not less  than
the  amount  appropriated  and  made available in the prior state fiscal
year; provided, however, that if the governor declares a fiscal emergen-
cy, and communicates such emergency to the temporary  president  of  the
senate and speaker of the assembly, state support for operating expenses
of  the  state university and city university may be reduced in a manner
proportionate to one another, and the  aforementioned  provisions  shall
not apply.
  (V)  BEGINNING IN ACADEMIC FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOU-
SAND SEVENTEEN AND THEREAFTER, THE STATE AND  CITY  OF  NEW  YORK  SHALL
APPROPRIATE  ANNUALLY  AND  MAKE  AVAILABLE  ITS REPRESENTATIVE SHARE OF
SUPPORT FOR EXPENSES PURSUANT TO SECTION SIX THOUSAND TWO HUNDRED  TWEN-
TY-ONE OF THIS TITLE, INCLUDING FRINGE BENEFITS, FOR THE CITY UNIVERSITY
IN  AN  AMOUNT  NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAILABLE
FOR EXPENSES IN THE PRIOR ACADEMIC FISCAL YEAR; PROVIDED, HOWEVER,  THAT
IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMER-
GENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEM-
BLY,  STATE  SUPPORT  FOR OPERATING EXPENSES OF THE STATE UNIVERSITY AND
CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER,
AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY.
  S 3. Subdivision 5 of section 359 of  the education law, as  added  by
chapter 260 of the laws of 2011, is amended to read as follows:
  5.  The  state university trustees shall conduct a study regarding the
effectiveness and functionality of the New York state tuition assistance
program, which shall consider a variety of factors  including,  but  not
limited to, the costs associated with pursuing a degree in undergraduate
study,  current  tuition assistance program thresholds and award levels,
current eligibility criteria to qualify for an award under  the  tuition
assistance  program, and any other information the trustees determine to
be relevant. The study shall also include recommendations to improve the
tuition assistance program to better meet the future financial aid needs
of students who reside in New York state and to ensure continued  access
and  affordability  of the state university of New York. The study shall
be submitted to the governor, the temporary president of the senate, the
speaker of the assembly, the director of the division of the budget, the
senate finance committee, the assembly ways and means committee and  the
higher  education  committees  of  the  legislature on or before October
first, two thousand thirteen. In addition, the  state  university  shall
annually  examine  and  report on each state-operated campus' efforts to
promote fiscal stability for the duration of the [five] TEN year tuition
plan by implementing cost saving measures  [and  increasing  fundraising
efforts].  Further, the trustees shall [periodically review their patent
policies  to  ensure  competitiveness, and shall] annually report on how

S. 6406                            48                            A. 9006

the revenue generated [by this paragraph  has  helped  retain  and  grow
full-time  faculty  and  increase  program  availability. The University
Centers shall also report annually to the state university  trustees  on
how  research  revenue  yields quantifiable results for each of the four
campuses and state university of New York at Buffalo and state universi-
ty of New York at Stony Brook shall additionally  report  on  what  each
campus  is  doing  to  maintain  their  AAU status] HAS BEEN INVESTED IN
FACULTY, INSTRUCTION AND STUDENT FINANCIAL ASSISTANCE.
  S 4. Subdivision 17 of section 6206 of the education law, as added  by
chapter 260 of the laws of 2011, is amended to read as follows:
  17.  The  city university trustees shall conduct a study regarding the
effectiveness and functionality of the New York state tuition assistance
program, which shall consider a variety of factors  including,  but  not
limited to, the costs associated with pursuing a degree in undergraduate
study,  current  tuition assistance program thresholds and award levels,
current eligibility criteria to qualify for an award under  the  tuition
assistance  program  and any other information the trustees determine to
be relevant. The study shall also include recommendations to improve the
tuition assistance program to better meet the future financial aid needs
of students who reside in New York state and to ensure continued  access
and affordability of the city university of New York. The study shall be
submitted  to  the  governor, the temporary president of the senate, the
speaker of the assembly, the director of the  division  of  budget,  the
senate  finance committee, the assembly ways and means committee and the
higher education committees of the  legislature  on  or  before  October
first,  two  thousand  thirteen.  In addition, the city university shall
annually examine and report  on  each  [state-operated  campus']  SENIOR
COLLEGE'S  efforts  to  promote fiscal stability for the duration of the
[five] TEN year tuition plan by implementing cost saving  measures  [and
increasing  fundraising  efforts].  FURTHER, THE TRUSTEES SHALL ANNUALLY
REPORT ON HOW THE  REVENUE  GENERATED  HAS  BEEN  INVESTED  IN  FACULTY,
INSTRUCTION AND STUDENT FINANCIAL ASSISTANCE.
  S 5. Section 16 of chapter 260 of the laws of 2011 amending the educa-
tion law and the New York state urban development corporation act relat-
ing  to  establishing  components  of  the  NY-SUNY 2020 challenge grant
program, as amended by section 65-a of part HH of chapter 57 of the laws
of 2013, is amended to read as follows:
  S 16. This act shall take effect July 1, 2011; provided that  sections
one,  two,  three,  four,  five,  six, eight, nine, ten, eleven, twelve,
thirteen, fourteen and fifteen of this act shall  expire  [5]  10  years
after such effective date when upon such date the provisions of this act
shall be deemed repealed.
  S  6. This act shall take effect immediately; provided that the amend-
ments to subparagraph 4 of paragraph h of subdivision 2 of  section  355
of  the education law made by section one of this act, the amendments to
paragraph (a) of subdivision 7 of section 6206 of the education law made
by section two of this act, the amendments to subdivision 5  of  section
359  of  the  education  law  made by section three of this act, and the
amendments to subdivision 17 of section 6206 of the education  law  made
by  section  four  of  this  act  shall  not  affect  the repeal of such
provisions and shall be deemed  repealed  therewith;  provided  further,
that  if  chapter 437 of the laws of 2015 shall not have taken effect by
such effective date, then sections one and two of this  act  shall  take
effect  on  the  same  day and in the same manner as sections 1 and 3 of
chapter 437 of the laws of 2015, take effect.

S. 6406                            49                            A. 9006

                                 PART E

  Section  1.  The  state finance law is amended by adding a new section
99-y to read as follows:
  S 99-Y. SUNY STONY BROOK AFFILIATION ESCROW FUND. 1.   NOTWITHSTANDING
ANY OTHER PROVISION OF LAW, RULE, REGULATION, OR PRACTICE TO THE CONTRA-
RY,  THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER
AND THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK  (SUNY)  A  TRUST
AND AGENCY FUND, TO BE KNOWN AS THE "SUNY STONY BROOK AFFILIATION ESCROW
FUND" WHICH SHALL BE AVAILABLE WITHOUT FISCAL YEAR LIMITATION.
  2.  THE  SUNY STONY BROOK AFFILIATION ESCROW FUND SHALL CONSIST OF (I)
ALL MONIES GENERATED THROUGH THE ACTIVITIES OF STONY BROOK AT  SOUTHAMP-
TON  HOSPITAL,  INCLUDING  BUT  NOT  LIMITED TO PATIENT REVENUE, FEDERAL
REIMBURSEMENT, AND OTHER  ASSOCIATED  REVENUE  SOURCES,  AND  (II)  RENT
PAYMENTS  MADE  BY  STONY  BROOK  UNIVERSITY HOSPITAL TO THE SOUTHAMPTON
HOSPITAL ASSOCIATION UNDER A CERTAIN LEASE  AGREEMENT  APPROVED  BY  THE
DIRECTOR OF THE BUDGET, THE OFFICE OF THE NEW YORK STATE ATTORNEY GENER-
AL AND THE OFFICE OF THE NEW YORK STATE COMPTROLLER.
  3.  MONIES  OF  THE  SUNY STONY BROOK AFFILIATION ESCROW FUND SHALL BE
EXPENDED ONLY FOR THE PURPOSES OF STONY BROOK HOSPITAL AT SOUTHAMPTON.
  S 2. This act shall take effect immediately.

                                 PART F

  Section 1. This act shall be known and may be cited as the  "New  York
state DREAM Act".
  S 2. Subdivision 3 of section 661 of the education law is REPEALED.
  S 3. Paragraph a of subdivision 5 of section 661 of the education law,
as  amended  by  chapter  466 of the laws of 1977, is amended to read as
follows:
  a. (I) Except as provided in subdivision two of  section  six  hundred
seventy-four  OF  THIS  PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an
applicant for an award at the undergraduate level of study  must  either
[(i)]  (A) have been a legal resident of the state for at least one year
immediately preceding the beginning of the semester, quarter or term  of
attendance  for  which application for assistance is made, or [(ii)] (B)
be a legal resident of the state and have been a legal  resident  during
his OR HER last two semesters of high school either prior to graduation,
or prior to admission to college. Provided further that persons shall be
eligible  to  receive  awards  under  section six hundred sixty-eight or
section six hundred sixty-nine OF THIS  PART  who  are  currently  legal
residents of the state and are otherwise qualified.
  (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
CITIZEN,  AN  ALIEN  LAWFULLY  ADMITTED  FOR  PERMANENT RESIDENCE IN THE
UNITED STATES, AN INDIVIDUAL OF A  CLASS  OF  REFUGEES  PAROLED  BY  THE
ATTORNEY  GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY
PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
YEARS,  GRADUATED  FROM  A  REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED
CONTINUOUSLY IN NEW YORK STATE WHILE  ATTENDING  AN  APPROVED  NEW  YORK
STATE  HIGH  SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER
EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT,  AND

S. 6406                            50                            A. 9006

ATTENDED  WITHIN  FIVE  YEARS  OF RECEIVING A NEW YORK STATE HIGH SCHOOL
DIPLOMA; OR
  (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED
ON THAT GENERAL EQUIVALENCY DIPLOMA, AND  ATTENDED  THE  INSTITUTION  OF
HIGHER  EDUCATION  FOR  THE  UNDERGRADUATE  STUDY  FOR WHICH AN AWARD IS
SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA; OR
  (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 4. Paragraph b of subdivision 5 of section 661 of the education law,
as  amended  by  chapter  466 of the laws of 1977, is amended to read as
follows:
  b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF  THIS
PARAGRAPH, AN applicant for an award at the graduate level of study must
either  [(i)]  (A)  have been a legal resident of the state for at least
one year immediately preceding the beginning of the semester, quarter or
term of attendance for which application  for  assistance  is  made,  or
[(ii)]  (B) be a legal resident of the state and have been a legal resi-
dent during his OR HER last academic year  of  undergraduate  study  and
have  continued to be a legal resident until matriculation in the gradu-
ate program.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE
ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE  AUTHORITY
PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK
STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER
EDUCATION  FOR  THE  GRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT, AND
ATTENDED WITHIN TEN YEARS OF RECEIVING A  NEW  YORK  STATE  HIGH  SCHOOL
DIPLOMA; OR
  (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED  THE  INSTITU-

S. 6406                            51                            A. 9006

TION  OF  HIGHER  EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS
SOUGHT WITHIN TEN YEARS OF RECEIVING A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA; OR
  (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 5. Paragraph d of subdivision 5 of section 661 of the education law,
as  amended  by  chapter  844 of the laws of 1975, is amended to read as
follows:
  d. If an applicant for an award allocated on a  geographic  basis  has
more  than  one  residence  in  this state, his OR HER residence for the
purpose of this article shall be his OR HER place  of  actual  residence
during  the major part of the year while attending school, as determined
by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT  TO
SUBPARAGRAPH  (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF
THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE
INSTITUTION OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR  PURPOSES
OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
  S 6. Paragraph e of subdivision 5 of section 661 of the education law,
as  added  by  chapter  630  of  the laws of 2005, is amended to read as
follows:
  e. Notwithstanding any other provision of this article to the  contra-
ry,  the  New  York state [residency] eligibility [requirement] REQUIRE-
MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
SUBDIVISION ARE waived for a member, or the spouse  or  dependent  of  a
member,  of  the  armed  forces of the United States on full-time active
duty and stationed in this state.
  S 7. Clauses (i) and (ii) of subparagraph 8 of paragraph h of subdivi-
sion 2 of section 355 of the education law, as added by chapter  327  of
the laws of 2002, are amended to read as follows:
  (i)  attended  an approved New York high school for two or more years,
graduated from an approved New York high school, LIVED  CONTINUOUSLY  IN
NEW  YORK  STATE  WHILE  ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
applied for attendance [at] AND ATTENDED an institution  or  educational
unit  of  the state university within five years of receiving a New York
state high school diploma; or
  (ii) attended an approved New York state program  for  general  equiv-
alency  diploma exam preparation, received a general equivalency diploma
issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING AN APPROVED NEW YORK STATE  PROGRAM  FOR  GENERAL  EQUIVALENCY
DIPLOMA  EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at],
EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
an institution or educational unit of the state university  within  five
years  of receiving a general equivalency diploma issued within New York
state; or

S. 6406                            52                            A. 9006

  S 8. Subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of
section 6206 of the education law, as amended by chapter 260 of the laws
of 2011, are amended to read as follows:
  (i)  attended  an approved New York high school for two or more years,
graduated from an approved New York high school, LIVED  CONTINUOUSLY  IN
NEW  YORK  STATE  WHILE  ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
applied for attendance [at] AND ATTENDED an institution  or  educational
unit  of  the  city university within five years of receiving a New York
state high school diploma; or
  (ii) attended an approved New York state program  for  general  equiv-
alency  diploma exam preparation, received a general equivalency diploma
issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING AN APPROVED NEW YORK STATE  PROGRAM  FOR  GENERAL  EQUIVALENCY
DIPLOMA  EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at],
EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
an institution or educational unit of the city  university  within  five
years  of receiving a general equivalency diploma issued within New York
state; or
  S 8-a. Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by chapter 327 of the laws of 2002,  the  opening  para-
graph  as  amended  by  section 4 of chapter 437 of the laws of 2015, is
amended to read as follows:
  (a) The board of  trustees  shall  establish  positions,  departments,
divisions  and  faculties; appoint and in accordance with the provisions
of law fix salaries of  instructional  and  non-instructional  employees
therein;  establish  and conduct courses and curricula; prescribe condi-
tions of student admission, attendance and discharge; and shall have the
power to determine in its discretion whether tuition  shall  be  charged
and  to  regulate  tuition  charges, and other instructional and non-in-
structional fees and other fees and charges at the educational units  of
the  city  university.  The trustees shall review any proposed community
college tuition increase and the justification for  such  increase.  The
justification  provided by the community college for such increase shall
include a detailed analysis of ongoing operating  costs,  capital,  debt
service  expenditures, and all revenues. The trustees shall not impose a
differential tuition charge based upon  need  or  income.  All  students
enrolled  in  programs  leading  to  like degrees at the senior colleges
shall be charged a uniform rate  of  tuition,  except  for  differential
tuition  rates  based  on  state  residency.  Notwithstanding  any other
provision of this paragraph, the trustees may authorize the setting of a
separate category of tuition  rate,  that  shall  be  greater  than  the
tuition  rate  for  resident students and less than the tuition rate for
non-resident students, only for students enrolled in  distance  learning
courses  who  are not residents of the state. The trustees shall further
provide that the payment of tuition and fees by any student who is not a
resident of New York state, other than a non-immigrant alien within  the
meaning  of  paragraph (15) of subsection (a) of section 1101 of title 8
of the United States Code, shall be paid at a rate or charge no  greater
than  that  imposed  for students who are residents of the state if such
student:
  (i) attended an approved New York high school for two or  more  years,
graduated  from  an approved New York high school, LIVED CONTINUOUSLY IN
NEW YORK STATE WHILE ATTENDING AN APPROVED NEW  YORK  HIGH  SCHOOL,  and
applied  for  attendance [at] AND ATTENDED an institution or educational
unit of the city university within five years of receiving  a  New  York
state high school diploma; or

S. 6406                            53                            A. 9006

  (ii)  attended  an  approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency  diploma
issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING  AN  APPROVED  NEW  YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
DIPLOMA  EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at],
EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
an institution or educational unit of the city  university  within  five
years  of receiving a general equivalency diploma issued within New York
state; or
  (iii) was enrolled in an institution or educational unit of  the  city
university  in the fall semester or quarter of the two thousand one--two
thousand two academic year and was authorized  by  such  institution  or
educational  unit  to  pay  tuition  at  the  rate or charge imposed for
students who are residents of the state.
  A student without lawful immigration status shall also be required  to
file an affidavit with such institution or educational unit stating that
the  student has filed an application to legalize his or her immigration
status, or will file such an application as soon as he or she is  eligi-
ble  to  do  so. The trustees shall not adopt changes in tuition charges
prior to the enactment of the annual budget. The board of  trustees  may
accept  as  partial  reimbursement  for the education of veterans of the
armed forces of the United States who are otherwise qualified such  sums
as  may  be authorized by federal legislation to be paid for such educa-
tion. The board of trustees may conduct on a fee basis extension courses
and courses for adult education  appropriate  to  the  field  of  higher
education.  In  all  courses  and  courses  of  study  it  may,  in  its
discretion, require students to pay library, laboratory, locker,  break-
age and other instructional and non-instructional fees and meet the cost
of  books and consumable supplies. In addition to the foregoing fees and
charges, the board of trustees may impose and collect fees  and  charges
for  student  government  and  other  student activities and receive and
expend them as agent or trustee.
  S 9. Subdivision 5 of section 6301 of the education law, as amended by
chapter 327 of the laws of 2002, is amended to read as follows:
  5. "Resident." A person who has resided in the state for a  period  of
at  least  one  year  and in the county, city, town, intermediate school
district, school district or community college region, as the  case  may
be,  for a period of at least six months, both immediately preceding the
date of such person's registration in a community college  or,  for  the
purposes of section sixty-three hundred five of this article, his or her
application for a certificate of residence; provided, however, that this
term  shall include any student who is not a resident of New York state,
other than a non-immigrant alien within the meaning of paragraph (15) of
subsection (a) of section 1101 of title 8 of the United States Code,  if
such student:
  (i)  attended  an approved New York high school for two or more years,
graduated from an approved New York high school, LIVED  CONTINUOUSLY  IN
NEW  YORK  STATE  WHILE  ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
applied for attendance [at an institution or  educational  unit  of  the
state  university] AND ATTENDED A COMMUNITY COLLEGE within five years of
receiving a New York state high school diploma; or
  (ii) attended an approved New York state program  for  general  equiv-
alency  diploma exam preparation, received a general equivalency diploma
issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING AN APPROVED NEW YORK STATE  PROGRAM  FOR  GENERAL  EQUIVALENCY
DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at an

S. 6406                            54                            A. 9006

institution  or educational unit of the state university], EARNED ADMIS-
SION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED A COMMUNITY
COLLEGE within five years of receiving  a  general  equivalency  diploma
issued within New York state; or
  (iii) was enrolled in [an institution or educational unit of the state
university]  A  COMMUNITY COLLEGE in the fall semester or quarter of the
two thousand one--two thousand two academic year and was  authorized  by
such  [institution or educational unit] COMMUNITY COLLEGE to pay tuition
at the rate or charge imposed for students  who  are  residents  of  the
state.
  Provided,  further,  that  a student without lawful immigration status
shall also be required to file an affidavit with  such  [institution  or
educational  unit]  COMMUNITY COLLEGE stating that the student has filed
an application to legalize his or her immigration status, or  will  file
such an application as soon as he or she is eligible to do so.
  In the event that a person qualified as above for state residence, but
has  been a resident of two or more counties in the state during the six
months immediately preceding his OR HER application for a certificate of
residence pursuant to section sixty-three hundred five of this  chapter,
the  charges  to  the counties of residence shall be allocated among the
several counties proportional to the number of months, or major fraction
thereof, of residence in each county.
  S 10. Paragraph d of subdivision 3 of section 6451  of  the  education
law,  as  amended by chapter 149 of the laws of 1972, is amended to read
as follows:
  d. Any necessary supplemental financial assistance, which may  include
the  cost of books and necessary maintenance for such enrolled students,
INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED  THAT  THE
STUDENT  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
GRAPH A OR SUBPARAGRAPH (II) OF  PARAGRAPH  B  OF  SUBDIVISION  FIVE  OF
SECTION  SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided,
however, that such supplemental financial assistance shall be  furnished
pursuant  to  criteria promulgated by the commissioner with the approval
of the director of the budget.
  S 11. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
of the education law, as added by chapter 917 of the laws  of  1970,  is
amended to read as follows:
  (v) Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such students, INCLUDING
STUDENTS  WITHOUT  LAWFUL  IMMIGRATION  STATUS PROVIDED THAT THE STUDENT
MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A  OR
SUBPARAGRAPH  (II)  OF  PARAGRAPH  B  OF SUBDIVISION FIVE OF SECTION SIX
HUNDRED SIXTY-ONE OF THIS CHAPTER,  AS  APPLICABLE;  provided,  however,
that  such supplemental financial assistance shall be furnished pursuant
to criteria promulgated by such universities and approved by the regents
and the director of the budget.
  S 12. Paragraph (a) of subdivision 2 of section 6455 of the  education
law,  as added by chapter 285 of the laws of 1986, is amended to read as
follows:
  (a) (I) Undergraduate science and technology entry program moneys  may
be  used  for tutoring, counseling, remedial and special summer courses,
supplemental financial assistance,  program  administration,  and  other
activities  which  the commissioner may deem appropriate. To be eligible
for  undergraduate  collegiate  science  and  technology  entry  program
support,  a student must be a resident of New York [who is], OR MEET THE
REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE  either

S. 6406                            55                            A. 9006

economically  disadvantaged  or from a minority group historically under
represented in the  scientific,  technical,  health  and  health-related
professions,  and  [who demonstrates] MUST DEMONSTRATE interest in and a
potential for a professional career if provided special services. Eligi-
ble students must be in good academic standing, enrolled full time in an
approved,  undergraduate  level  program  of  study,  as  defined by the
regents.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE
ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE  AUTHORITY
PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK
STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER
EDUCATION  FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND
ATTENDED WITHIN FIVE YEARS OF RECEIVING A NEW  YORK  STATE  HIGH  SCHOOL
DIPLOMA; OR
  (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED
ON THAT GENERAL EQUIVALENCY DIPLOMA, AND  ATTENDED  THE  INSTITUTION  OF
HIGHER  EDUCATION  FOR  THE  UNDERGRADUATE  STUDY  FOR WHICH AN AWARD IS
SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA; OR
  (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S  13. Paragraph (a) of subdivision 3 of section 6455 of the education
law, as added by chapter 285 of the laws of 1986, is amended to read  as
follows:
  (a)  (I)  Graduate  science and technology entry program moneys may be
used for recruitment, academic enrichment, career planning, supplemental
financial assistance, review for licensing examinations, program  admin-
istration,  and  other activities which the commissioner may deem appro-
priate. To be eligible for graduate collegiate  science  and  technology
entry  program  support,  a  student must be a resident of New York [who
is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II)  OF  THIS  PARAGRAPH,
AND  MUST  BE either economically disadvantaged or from a minority group
historically underrepresented in the scientific, technical  and  health-
related  professions.  Eligible students must be in good academic stand-

S. 6406                            56                            A. 9006

ing, enrolled full time  in  an  approved  graduate  level  program,  as
defined by the regents.
  (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
CITIZEN,  AN  ALIEN  LAWFULLY  ADMITTED  FOR  PERMANENT RESIDENCE IN THE
UNITED STATES, AN INDIVIDUAL OF A  CLASS  OF  REFUGEES  PAROLED  BY  THE
ATTORNEY  GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY
PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
YEARS,  GRADUATED  FROM  A  REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED
CONTINUOUSLY IN NEW YORK STATE WHILE  ATTENDING  AN  APPROVED  NEW  YORK
STATE  HIGH  SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER
EDUCATION FOR THE GRADUATE STUDY FOR  WHICH  AN  AWARD  IS  SOUGHT,  AND
ATTENDED  WITHIN  TEN  YEARS  OF  RECEIVING A NEW YORK STATE HIGH SCHOOL
DIPLOMA; OR
  (B) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
SCHOOL  EQUIVALENCY  DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A  GENERAL  EQUIVALENCY
DIPLOMA,  RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY
APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
GRADUATE  STUDY  FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED THE INSTITU-
TION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH  AN  AWARD  IS
SOUGHT  WITHIN  TEN  YEARS  OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA; OR
  (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
COLLEGE  AS  PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 14. Subparagraph (i) of paragraph a  of  subdivision  2  of  section
695-e  of  the  education  law, as amended by chapter 593 of the laws of
2003, is amended to read as follows:
  (i) the name, address and social security number [or], employer  iden-
tification  number,  OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN  EFFECT  PRIOR
TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN
THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA-
TION  NUMBER,  IN  WHICH  CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE
ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
  S 15. Subparagraph (iii) of paragraph a of subdivision  2  of  section
695-e  of  the  education  law, as amended by chapter 593 of the laws of
2003, is amended to read as follows:
  (iii) the name, address, and social security  number,  EMPLOYER  IDEN-
TIFICATION  NUMBER,  OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
designated beneficiary, UNLESS A FAMILY  TUITION  ACCOUNT  THAT  WAS  IN
EFFECT  PRIOR  TO  THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND SIXTEEN THAT AMENDED THIS SUBPARAGRAPH DOES  NOT  ALLOW  FOR  A

S. 6406                            57                            A. 9006

TAXPAYER  IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION
NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
  S 16. The president of the higher education services corporation shall
establish  an application form and procedures that shall allow a student
applicant that meets the requirements set forth in subparagraph (ii)  of
paragraph  a  or  subparagraph  (ii)  of paragraph b of subdivision 5 of
section 661 of the education law to apply directly to the higher  educa-
tion services corporation for applicable awards without having to submit
information  to  any  other  state  or  federal  agency. All information
contained with the applications filed with  such  corporation  shall  be
deemed  confidential,  except  that the corporation shall be entitled to
release information to participating institutions as necessary  for  the
administration  of  financial  aid  programs  and to the extent required
pursuant to article six of the public officers law or otherwise required
by law.
  S 17. The higher  education  services  corporation  is  authorized  to
promulgate  rules  and  regulations,  and may promulgate emergency regu-
lations, necessary for the implementation of the provisions of this act.
  S 18. This act shall take effect on the ninetieth day after the  issu-
ance  of  regulations  and the development of an application form by the
president of the higher education services corporation or on the nineti-
eth day after it shall have become a  law,  whichever  shall  be  later;
provided, however, that:
  a.  the amendments to subparagraphs (i) and (ii) of paragraph (a-1) of
subdivision 7 of section 6206 of the education law made by section eight
of this act shall not affect the expiration of such paragraph and  shall
be  deemed  to  expire  therewith; when upon such date the provisions of
section eight-a of this act shall take effect; and
  b. the president of the higher education  services  corporation  shall
notify  the  legislative bill drafting commission upon the occurrence of
the issuance of regulations and the development of an  application  form
provided  for  in this section in order that the commission may maintain
an accurate and timely effective data base of the official text  of  the
laws  of  the  state  of  New  York  in  furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of  the
public officers law.

                                 PART G

  Section 1. Subdivision (a) of section 50 of chapter 161 of the laws of
2005  amending the education law relating to the New York state licensed
social worker loan forgiveness program, as amended by section 1 of  part
M of chapter 58 of the laws of 2011, is amended to read as follows:
  (a)  section  two of this act shall expire and be deemed repealed June
30, [2016] 2021; and provided, further that the amendment to paragraph b
of subdivision 1 of section 679-c and the amendment to  paragraph  2  of
subdivision  a  of  section  679-d of the education law made by sections
three and four of this act shall not affect the repeal of such  sections
and shall be deemed repealed therewith;
  S  2.  Section  3 of part V of chapter 57 of the laws of 2005 amending
the education law relating to the New York state  nursing  faculty  loan
forgiveness  incentive  program  and  the New York state nursing faculty
scholarship program, as amended by section 1 of part L of chapter 58  of
the laws of 2011, is amended to read as follows:
  S  3.  This  act  shall  take  effect on the same date and in the same
manner as Part H of this chapter; provided that section two of this  act

S. 6406                            58                            A. 9006

shall  take  effect on the same date and in the same manner as Part I of
this chapter; and provided further that this act  shall  expire  and  be
deemed repealed on June 30, [2016] 2021.
  S  3. Section 17 of chapter 31 of the laws of 1985 amending the educa-
tion law relating to regents scholarships  in  certain  professions,  as
amended  by  section  1  of part K of chapter 58 of the laws of 2011, is
amended to read as follows:
  S 17. This act shall take effect immediately; provided, however,  that
the  scholarship  and  loan forgiveness programs established pursuant to
the provisions of this act shall terminate upon  the  granting  of  such
awards for the 2008-2009 school year provided, however, that the regents
physician  loan  forgiveness  program  established  pursuant to this act
shall not terminate until the granting of such awards for the  [2015-16]
2020-21  school year, provided that the final disbursement of any multi-
year awards granted in such school year shall be paid.
  S 4. Paragraph a of subdivision 5 of section 679-c  of  the  education
law,  as  amended  by  section 1 of part E3 of chapter 57 of the laws of
2007, is amended to read as follows:
  a. The corporation shall convert to a student loan the full amount  of
the  award given pursuant to this section, plus interest, according to a
schedule to be determined by the corporation if: (1) three  years  after
the  completion  of the degree program it is found that an applicant did
not begin to provide nursing faculty or clinical nurse faculty services;
(2) if such applicant does not provide nursing faculty or clinical nurs-
ing faculty services for four years within seven years of the completion
of the master's degree program in nursing or doctoral degree; or (3) the
student fails to receive a master's degree in nursing or doctoral degree
that will qualify them as nursing faculty or  adjunct  clinical  faculty
within the three years of receiving the award.  THE TERMS AND CONDITIONS
OF  THIS  SUBDIVISION SHALL BE DEFERRED FOR ANY INTERRUPTION IN GRADUATE
OR DOCTORAL STUDY OR EMPLOYMENT AS ESTABLISHED BY THE  RULES  AND  REGU-
LATIONS   OF  THE  CORPORATION.  ANY  OBLIGATION  TO  COMPLY  WITH  SUCH
PROVISIONS AS OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH
OF THE RECIPIENT.  NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO
THE CONTRARY, THE CORPORATION IS  AUTHORIZED  TO  PROMULGATE  RULES  AND
REGULATIONS  TO  PROVIDE  FOR  THE WAIVER OR SUSPENSION OF ANY FINANCIAL
OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  S 5. Subdivision 5 of section 669-d of the education law,  as  amended
by  section  1 of part H1 of section 109 of the laws of 2006, is amended
to read as follows:
  5. The corporation shall convert to a student loan the full amount  of
the  award given pursuant to this section, plus interest, according to a
schedule to be determined by the corporation if: (a) two years after the
completion of the degree program and receipt of initial certification it
is found that a recipient is not  teaching  in  the  field  of  math  or
science  in  a  school located within New York state providing secondary
education recognized by the board of regents or the  university  of  the
state  of  New  York;  or (b) a recipient has not taught in the field of
math or science in a school located  within  New  York  state  providing
secondary education recognized by the board of regents or the university
of  the  state  of  New  York  for  five  of  the  seven years after the
completion of the degree program and receipt of  initial  certification;
or  (c)  a  recipient  fails to complete their degree program or changes
majors to an undergraduate degree program other than in science or math;
or (d) a recipient fails to receive or maintain their  teaching  certif-
icate  or license in New York state; or (e) a recipient fails to respond

S. 6406                            59                            A. 9006

to requests by the corporation for the status of his or her academic  or
professional  progress.    THE  TERMS AND CONDITIONS OF THIS SUBDIVISION
SHALL BE DEFERRED FOR ANY  INTERRUPTION  IN  UNDERGRADUATE  OR  GRADUATE
STUDY  OR  EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGULATIONS OF THE
CORPORATION. ANY OBLIGATION TO COMPLY WITH SUCH PROVISIONS  AS  OUTLINED
IN  THIS  SECTION  SHALL  BE  CANCELLED UPON THE DEATH OF THE RECIPIENT.
NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY,  THE
CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE
FOR  THE  WAIVER  OR  SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD
INVOLVE EXTREME HARDSHIP.
  S 6. This act shall take effect immediately; provided that the  amend-
ments  to paragraph a of subdivision 5 of section 679-c of the education
law made by section four of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.

                                 PART H

  Section 1. Section 7408 of the education law is amended  by  adding  a
new subdivision 6 to read as follows:
  6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FIRM ESTABLISHED TO
LAWFULLY  ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY PURSUANT TO ARTI-
CLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLES ONE AND EIGHT-B OF
THE PARTNERSHIP LAW, OR ARTICLES TWELVE  AND  THIRTEEN  OF  THE  LIMITED
LIABILITY COMPANY LAW SHALL BE DEEMED AUTHORIZED TO REGISTER PURSUANT TO
THIS SECTION.
  S 2. Section 1503 of the business corporation law is amended by adding
a new paragraph (h) to read as follows:
  (H)  ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION FORMED  TO  LAWFULLY  ENGAGE  IN  THE
PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
UNDER  ARTICLE  ONE  HUNDRED  FORTY-NINE  OF  THE EDUCATION LAW SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY  OF  THE  OWNERSHIP  OF  THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN-
SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID-
UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT
ALL  SHAREHOLDERS  OF A PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL
PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE  PRACTICE
OF  PUBLIC  ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER
SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION  LAW  OR  ARE  PUBLIC
ACCOUNTANTS  LICENSED  UNDER  SECTION  SEVENTY-FOUR  HUNDRED FIVE OF THE
EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE  FIRM
AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR
PUBLIC ACCOUNTANCY.  NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, A
FIRM INCORPORATED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF
THE  FIRM'S  NAME  INCLUDES  THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR
"CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS  "CPA"  OR  "CPAS".
EACH  NON-LICENSEE  OWNER  OF  A  FIRM  THAT  IS INCORPORATED UNDER THIS
SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES  IN  THE
BUSINESS  OF  THE  FIRM  OR  ITS  AFFILIATED ENTITIES, OR (2) AN ENTITY,
INCLUDING, BUT NOT LIMITED TO,  A  PARTNERSHIP  OR  PROFESSIONAL  CORPO-
RATION,  PROVIDED  EACH  BENEFICIAL  OWNER OF AN EQUITY INTEREST IN SUCH
ENTITY IS A NATURAL PERSON WHO ACTIVELY  PARTICIPATES  IN  THE  BUSINESS
CONDUCTED  BY  THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS
SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS
OR TO OTHERWISE INDIVIDUALLY TAKE PART IN  THE  DAY-TO-DAY  BUSINESS  OR
MANAGEMENT  OF  THE FIRM. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIF-

S. 6406                            60                            A. 9006

ICATE OF INCORPORATION A CERTIFICATE OR CERTIFICATES  DEMONSTRATING  THE
FIRM'S  COMPLIANCE  WITH  THIS  PARAGRAPH, IN LIEU OF THE CERTIFICATE OR
CERTIFICATES REQUIRED BY SUBPARAGRAPH (II)  OF  PARAGRAPH  (B)  OF  THIS
SECTION.
  S 3. Section 1507 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
  (C)  ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF  SECTION
FIFTEEN  HUNDRED  THREE  OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS
WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A  PROFESSION  WHICH
SUCH  CORPORATION  IS  AUTHORIZED  TO  PRACTICE AND WHO ARE OR HAVE BEEN
ENGAGED IN THE PRACTICE OF SUCH PROFESSION  IN  SUCH  CORPORATION  OR  A
PREDECESSOR  ENTITY,  OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES-
SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES  ARE
ISSUED  AND  MAY  ALSO  ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT
LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT:
  (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF  STOCK  OF
THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
  (II)  AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC
ACCOUNTANTS,
  (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED  PUBLIC
ACCOUNTANTS,
  (IV)  THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER OR OFFICERS ARE  CERTIFIED  PUBLIC  ACCOUNTANTS.
NO  SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
OF SECTION FIFTEEN HUNDRED THREE OF THIS  ARTICLE  SHALL  ENTER  INTO  A
VOTING  TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN
ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME  CORPORATION,
THE  AUTHORITY  TO  EXERCISE  VOTING  POWER  OF ANY OR ALL OF HIS OR HER
SHARES. ALL  SHARES  ISSUED,  AGREEMENTS  MADE  OR  PROXIES  GRANTED  IN
VIOLATION OF THIS SECTION SHALL BE VOID.
  S 4. Section 1508 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
  (C)  THE  DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI-
NESS PURPOSE OF INCORPORATING  AS  A  PROFESSIONAL  SERVICE  CORPORATION
PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI-
CLE  MAY  INCLUDE  INDIVIDUALS  WHO  ARE NOT LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST  FIFTY-ONE  PERCENT  OF  THE
DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT,
THE  CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI-
CER OR OFFICERS ARE AUTHORIZED BY  LAW  TO  PRACTICE  IN  THIS  STATE  A
PROFESSION  WHICH  SUCH  CORPORATION  IS AUTHORIZED TO PRACTICE, AND ARE
EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN  THE  PRACTICE  OF
THEIR PROFESSIONS IN SUCH CORPORATION.
  S 5. Section 1509 of the business corporation law, as amended by chap-
ter 550 of the laws of 2011, is amended to read as follows:
S 1509. Disqualification   of   shareholders,  directors,  officers  and
          employees.
  If any shareholder, director, officer or employee  of  a  professional
service  corporation,  including  a  design  professional service corpo-
ration, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF  INCORPORAT-
ING  AS  A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF
SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, who  has  been  rendering
professional service to the public becomes legally disqualified to prac-
tice  his  profession  within  this state, he shall sever all employment

S. 6406                            61                            A. 9006

with, and financial interests (other than interests as a  creditor)  in,
such  corporation  forthwith or as otherwise provided in section 1510 of
this article. All provisions of law regulating the rendering of  profes-
sional  services  by  a  person  elected or appointed to a public office
shall be applicable to a shareholder, director, officer and employee  of
such  corporation  in the same manner and to the same extent as if fully
set forth herein. Such legal disqualification to practice his profession
within this state shall be deemed to constitute an irrevocable offer  by
the  disqualified  shareholder  to  sell  his shares to the corporation,
pursuant to the provisions of section 1510 of this  article  or  of  the
certificate of incorporation, by-laws or agreement among the corporation
and all shareholders, whichever is applicable. Compliance with the terms
of  such  offer  shall be specifically enforceable in the courts of this
state. A professional service corporation's failure to  enforce  compli-
ance with this provision shall constitute a ground for forfeiture of its
certificate of incorporation and its dissolution.
  S 6. Paragraph (a) of section 1511 of the business corporation law, as
amended by chapter 550 of the laws of 2011, is amended and new paragraph
(c) is added to read as follows:
  (a) No shareholder of a professional service corporation [or], INCLUD-
ING  a  design professional service corporation, OR ANY FIRM ESTABLISHED
FOR THE BUSINESS PURPOSE OF  INCORPORATING  AS  A  PROFESSIONAL  SERVICE
CORPORATION  PURSUANT  TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE
OF THIS ARTICLE, may sell or transfer his  shares  in  such  corporation
except  to  another  individual who is eligible to have shares issued to
him by such corporation or except in trust  to  another  individual  who
would  be  eligible  to receive shares if he were employed by the corpo-
ration. Nothing herein contained shall  be  construed  to  prohibit  the
transfer of shares by operation of law or by court decree.  No transfer-
ee of shares by operation of law or court decree may vote the shares for
any  purpose  whatsoever  except  with respect to corporate action under
sections 909 and 1001 of this chapter. The restriction in the  preceding
sentence shall not apply, however, where such transferee would be eligi-
ble  to  have  shares issued to him if he were an employee of the corpo-
ration and, if there are other shareholders, a majority  of  such  other
shareholders shall fail to redeem the shares so transferred, pursuant to
section  1510  of  this  article, within sixty days of receiving written
notice of such transfer. Any sale or transfer, except  by  operation  of
law  or  court decree or except for a corporation having only one share-
holder, may be made only after the same shall have been approved by  the
board  of  directors, or at a shareholders' meeting specially called for
such purpose by such proportion,  not  less  than  a  majority,  of  the
outstanding  shares  as  may  be provided in the certificate of incorpo-
ration or in the by-laws of such professional  service  corporation.  At
such  shareholders' meeting the shares held by the shareholder proposing
to sell or transfer his shares may not  be  voted  or  counted  for  any
purpose,  unless  all  shareholders consent that such shares be voted or
counted. The certificate of incorporation or the by-laws of the  profes-
sional  service corporation, or the professional service corporation and
the shareholders by private agreement, may provide, in  lieu  of  or  in
addition  to  the foregoing provisions, for the alienation of shares and
may require the redemption or purchase of such  shares  by  such  corpo-
ration  at  prices  and  in a manner specifically set forth therein. The
existence of the restrictions on the sale  or  transfer  of  shares,  as
contained  in  this  article  and,  if applicable, in the certificate of
incorporation, by-laws, stock purchase or  stock  redemption  agreement,

S. 6406                            62                            A. 9006

shall  be  noted  conspicuously on the face or back of every certificate
for shares issued by a professional service  corporation.  Any  sale  or
transfer in violation of such restrictions shall be void.
  (C)  A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH  (H)  OF  SECTION
FIFTEEN  HUNDRED  THREE  OF  THIS  ARTICLE, SHALL PURCHASE OR REDEEM THE
SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS  OR
HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION.
A  FIRM  ESTABLISHED  FOR  THE  BUSINESS  PURPOSE  OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH  (H)  OF  SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE
OR  REDEEM  THE  SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE-
HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER  SUCH  TERMINATION,  ARE
SOLD  OR  TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO
THIS ARTICLE.
  S 7. Paragraph (a) of section 1512 of the business corporation law, as
amended by chapter 550 of the laws  of  2011,  is  amended  to  read  as
follows:
  (a) Notwithstanding  any other provision of law, the name of a profes-
sional service corporation,  including  a  design  professional  service
corporation  AND ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may contain  any  word
which,  at  the  time  of  incorporation, could be used in the name of a
partnership practicing a profession which the corporation is  authorized
to  practice,  and  may  not contain any word which could not be used by
such a partnership.   Provided, however,  the  name  of  a  professional
service corporation may not contain the name of a deceased person unless
  (1) such  person's  name was part of the corporate name at the time of
such person's death; or
  (2) such person's name was part of the name of an existing partnership
and at least two-thirds of such partnership's partners become sharehold-
ers of the corporation.
  S 8. Section 1514 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
  (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF  SECTION
FIFTEEN  HUNDRED  THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE
YEARS ON OR BEFORE THE  DATE  PRESCRIBED  BY  THE  LICENSING  AUTHORITY,
FURNISH  A  STATEMENT  TO  THE LICENSING AUTHORITY LISTING THE NAMES AND
RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND  OFFICER  OF  SUCH
CORPORATION  AND  CERTIFY  AS THE DATE OF CERTIFICATION AND AT ALL TIMES
OVER THE ENTIRE THREE YEAR PERIOD THAT:
  (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF  STOCK  OF
THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
  (II)  AT  LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
  (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND  WERE  CERTI-
FIED PUBLIC ACCOUNTANTS,
  (IV)  THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER  OR  OFFICERS  ARE  AND  WERE  CERTIFIED  PUBLIC
ACCOUNTANTS.
THE  STATEMENT  SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC
ACCOUNTANT VICE-PRESIDENT AND  ATTESTED  TO  BY  THE  SECRETARY  OR  ANY
ASSISTANT SECRETARY OF THE CORPORATION.

S. 6406                            63                            A. 9006

  S 9. Paragraph (d) of section 1525 of the business corporation law, as
added by chapter 505 of the laws of 1983, is amended to read as follows:
  (d) "Foreign  professional  service  corporation" means a professional
service corporation, whether or not denominated as such, organized under
the laws of a jurisdiction other than this state, all of the  sharehold-
ers,  directors  and  officers  of  which are authorized and licensed to
practice the profession for which such corporation  is  licensed  to  do
business;  except  that  all  shareholders,  directors and officers of a
foreign professional service corporation which provides health  services
in this state shall be licensed in this state. NOTWITHSTANDING ANY OTHER
PROVISION  OF  LAW  A FOREIGN PROFESSIONAL SERVICE CORPORATION FORMED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH  PRACTICE
IS  RESPECTIVELY  DEFINED  UNDER  ARTICLE  ONE HUNDRED FORTY-NINE OF THE
EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE  MAJORITY  OF
THE  OWNERSHIP  OF  THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING
OWNERSHIP-BASED COMPENSATION, AND  VOTING  RIGHTS  HELD  BY  THE  FIRM'S
OWNERS,  BELONGS  TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY
IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A  FOREIGN  PROFESSIONAL
SERVICE  CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED  FOUR  OF
THE  EDUCATION  LAW  OR  ARE  PUBLIC  ACCOUNTANTS LICENSED UNDER SECTION
SEVENTY-FOUR HUNDRED FIVE OF  THE  EDUCATION  LAW.  ALTHOUGH  FIRMS  MAY
INCLUDE  NON-LICENSEE  OWNERS,  THE FIRM AND ITS OWNERS MUST COMPLY WITH
RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY.    NOTWITH-
STANDING  THE  FOREGOING,  A  FIRM REGISTERED UNDER THIS SECTION MAY NOT
HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE  WORDS  "CERTI-
FIED  PUBLIC  ACCOUNTANT,"  OR  "CERTIFIED  PUBLIC  ACCOUNTANTS," OR THE
ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS
INCORPORATED UNDER THIS SECTION  SHALL  BE  (1)  A  NATURAL  PERSON  WHO
ACTIVELY  PARTICIPATES  IN  THE  BUSINESS  OF THE FIRM OR ITS AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS CONDUCTED BY THE  FIRM  OR  ITS  AFFILIATED  ENTITIES.  FOR
PURPOSES  OF  THIS  SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR  TO  OTHERWISE  INDIVIDUALLY  TAKE  PART  IN  THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S  10. The fourteenth undesignated paragraph of section 2 of the part-
nership law, as added by chapter 576 of the laws of 1994, is amended  to
read as follows:
  "Professional  partnership"  means  (1)  a partnership without limited
partners each of whose partners is a professional authorized by  law  to
render a professional service within this state, (2) a partnership with-
out  limited partners each of whose partners is a professional, at least
one of whom is authorized by law to render a professional service within
this state or (3) a partnership without limited partners authorized  by,
or  holding a license, certificate, registration or permit issued by the
licensing authority pursuant to the education law to  render  a  profes-
sional  service within this state; except that all partners of a profes-
sional partnership that provides medical services in this state must  be
licensed  pursuant to article 131 of the education law to practice medi-
cine in this state and all partners of a professional  partnership  that
provides  dental  services  in  this  state must be licensed pursuant to
article 133 of the education law to practice dentistry  in  this  state;
[and  further]  except  that  all partners of a professional partnership

S. 6406                            64                            A. 9006

that provides professional engineering,  land  surveying,  architectural
and/or  landscape  architectural services in this state must be licensed
pursuant to article 145, article 147 and/or article 148 of the education
law  to  practice  one  or  more  of such professions in this state; AND
FURTHER EXCEPT THAT ALL PARTNERS  OF  A  PROFESSIONAL  PARTNERSHIP  THAT
PROVIDES  PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS
IS IN THIS STATE AND WHO PROVIDE PUBLIC ACCOUNTANCY  SERVICES,  MUST  BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY  IN THIS STATE.  NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW
A PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE  OF
PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
CLE  149  OF  THE  EDUCATION  LAW,  SHALL BE REQUIRED TO SHOW (1) THAT A
SIMPLE MAJORITY OF THE OWNERSHIP OF THE  FIRM,  IN  TERMS  OF  FINANCIAL
INTERESTS,  INCLUDING  OWNERSHIP-BASED  COMPENSATION,  AND VOTING RIGHTS
HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED  TO  PRACTICE
PUBLIC  ACCOUNTANCY  IN  SOME  STATE, AND (2) THAT ALL SHAREHOLDERS OF A
PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS  IS  IN  THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE,  HOLD  A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION
LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE  EDUCA-
TION  LAW.  ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND
ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY  THE  STATE  BOARD  FOR
PUBLIC  ACCOUNTANCY.    NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED
UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE  FIRM'S  NAME
INCLUDES  THE  WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR  "CPAS."  EACH  NON-LICENSEE
OWNER  OF  A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A
NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM  OR
ITS  AFFILIATED  ENTITIES,  OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED
TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH  BENEFICIAL
OWNER  OF  AN  EQUITY  INTEREST  IN  SUCH ENTITY IS A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS  CONDUCTED  BY  THE  FIRM  OR  ITS
AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC-
IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY
TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S  10-a.  The  fourteenth  undesignated  paragraph of section 2 of the
partnership law, as amended by chapter 475  of  the  laws  of  2014,  is
amended to read as follows:
  "Professional  partnership"  means  (1)  a partnership without limited
partners each of whose partners is a professional authorized by  law  to
render a professional service within this state, (2) a partnership with-
out  limited partners each of whose partners is a professional, at least
one of whom is authorized by law to render a professional service within
this state or (3) a partnership without limited partners authorized  by,
or  holding a license, certificate, registration or permit issued by the
licensing authority pursuant to the education law to  render  a  profes-
sional  service within this state; except that all partners of a profes-
sional partnership that provides medical services in this state must  be
licensed  pursuant to article 131 of the education law to practice medi-
cine in this state and all partners of a professional  partnership  that
provides  dental  services  in  this  state must be licensed pursuant to
article 133 of the education law to practice dentistry  in  this  state;
[and  further]  except  that  all partners of a professional partnership
that provides professional engineering, land surveying, geologic, archi-
tectural and/or landscape architectural services in this state  must  be
licensed  pursuant to article 145, article 147 and/or article 148 of the

S. 6406                            65                            A. 9006

education law to practice one or more of such professions in this state;
AND FURTHER EXCEPT THAT ALL PARTNERS OF A PROFESSIONAL PARTNERSHIP  THAT
PROVIDES  PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS
IS  IN  THIS  STATE AND WHO PROVIDE PUBLIC ACCOUNTANCY SERVICES, MUST BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY IN THIS STATE.  NOTWITHSTANDING ANY OTHER PROVISIONS OF  LAW
A  PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF
PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
CLE 149 OF THE EDUCATION LAW, SHALL BE  REQUIRED  TO  SHOW  (1)  THAT  A
SIMPLE  MAJORITY  OF  THE  OWNERSHIP  OF THE FIRM, IN TERMS OF FINANCIAL
INTERESTS, INCLUDING OWNERSHIP-BASED  COMPENSATION,  AND  VOTING  RIGHTS
HELD  BY  THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE
PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT  ALL  SHAREHOLDERS  OF  A
PROFESSIONAL  PARTNERSHIP  WHOSE  PRINCIPAL PLACE OF BUSINESS IS IN THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF  THE  EDUCATION
LAW  OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA-
TION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE  FIRM  AND
ITS  OWNERS  MUST  COMPLY  WITH RULES PROMULGATED BY THE STATE BOARD FOR
PUBLIC ACCOUNTANCY.  NOTWITHSTANDING THE FOREGOING,  A  FIRM  REGISTERED
UNDER  THIS  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR  "CERTIFIED  PUBLIC
ACCOUNTANTS,"  OR  THE  ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE
OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE  (1)  A
NATURAL  PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR
ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING,  BUT  NOT  LIMITED
TO,  A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL
OWNER OF AN EQUITY INTEREST IN SUCH  ENTITY  IS  A  NATURAL  PERSON  WHO
ACTIVELY  PARTICIPATES  IN  THE  BUSINESS  CONDUCTED  BY THE FIRM OR ITS
AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC-
IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY
TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S 11. Subdivision (q) of section 121-1500 of the partnership  law,  as
amended  by  chapter  554  of  the  laws  of 2013, is amended to read as
follows:
  (q) Each partner of a registered limited liability partnership  formed
to  provide  medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in this state  and
each  partner  of  a  registered limited liability partnership formed to
provide dental services in this state must be licensed pursuant to arti-
cle 133 of the education law to practice dentistry in this state.   Each
partner  of a registered limited liability partnership formed to provide
veterinary services in this state must be licensed pursuant  to  article
135  of the education law to practice veterinary medicine in this state.
EACH PARTNER OF A REGISTERED LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO
PROVIDE  PUBLIC  ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS
IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,  MUST  BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY  IN THIS STATE. Each partner of a registered limited liabil-
ity partnership formed to provide professional engineering, land survey-
ing, architectural and/or landscape architectural services in this state
must be licensed pursuant to article 145, article 147 and/or article 148
of the education law to practice one or more of such professions in this
state. Each partner of a registered limited liability partnership formed
to provide licensed clinical social work services in this state must  be
licensed  pursuant to article 154 of the education law to practice clin-

S. 6406                            66                            A. 9006

ical social work in this state. Each partner  of  a  registered  limited
liability  partnership  formed to provide creative arts therapy services
in this state must be licensed pursuant to article 163 of the  education
law  to  practice creative arts therapy in this state. Each partner of a
registered limited liability partnership formed to provide marriage  and
family therapy services in this state must be licensed pursuant to arti-
cle  163 of the education law to practice marriage and family therapy in
this state. Each partner of a registered limited  liability  partnership
formed  to  provide mental health counseling services in this state must
be licensed pursuant to article 163 of the  education  law  to  practice
mental  health  counseling  in  this state. Each partner of a registered
limited liability partnership formed to provide psychoanalysis  services
in  this state must be licensed pursuant to article 163 of the education
law to practice psychoanalysis in this state. Each partner of  a  regis-
tered  limited  liability partnership formed to provide applied behavior
analysis service in this state must be licensed or certified pursuant to
article 167 of the education law to practice applied  behavior  analysis
in  this  state.   NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED
LIABILITY PARTNERSHIP FORMED TO  LAWFULLY  ENGAGE  IN  THE  PRACTICE  OF
PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
CLE  149  OF  THE  EDUCATION  LAW,  SHALL BE REQUIRED TO SHOW (1) THAT A
SIMPLE MAJORITY OF THE OWNERSHIP OF THE  FIRM,  IN  TERMS  OF  FINANCIAL
INTERESTS,  INCLUDING  OWNERSHIP-BASED  COMPENSATION,  AND VOTING RIGHTS
HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED  TO  PRACTICE
PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED
LIABILITY  PARTNERSHIP  WHOSE  PRINCIPAL  PLACE  OF  BUSINESS IS IN THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF  THE  EDUCATION
LAW  OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA-
TION LAW.  ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM  AND
ITS  OWNERS  MUST  COMPLY  WITH RULES PROMULGATED BY THE STATE BOARD FOR
PUBLIC ACCOUNTANCY.  NOTWITHSTANDING THE FOREGOING,  A  FIRM  REGISTERED
UNDER  THIS  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR  "CERTIFIED  PUBLIC
ACCOUNTANTS,"  OR  THE  ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE
OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE  (1)  A
NATURAL  PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR
ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING,  BUT  NOT  LIMITED
TO,  A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL
OWNER OF AN EQUITY INTEREST IN SUCH  ENTITY  IS  A  NATURAL  PERSON  WHO
ACTIVELY  PARTICIPATES  IN  THE  BUSINESS  CONDUCTED  BY THE FIRM OR ITS
AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC-
IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY
TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S 11-a. Subdivision (q) of section 121-1500 of the partnership law, as
amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
follows:
  (q)  Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed  pursuant  to
article  131 of the education law to practice medicine in this state and
each partner of a registered limited  liability  partnership  formed  to
provide dental services in this state must be licensed pursuant to arti-
cle  133 of the education law to practice dentistry in this state.  Each
partner of a registered limited liability partnership formed to  provide
veterinary  services  in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this  state.

S. 6406                            67                            A. 9006

EACH  PARTNER  OF  A  REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO
PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE  OF  BUSINESS
IS  IN  THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY  IN THIS STATE. Each partner of a registered limited liabil-
ity partnership formed to provide professional engineering, land survey-
ing, geological services, architectural and/or  landscape  architectural
services in this state must be licensed pursuant to article 145, article
147  and/or  article 148 of the education law to practice one or more of
such professions in this state. Each partner  of  a  registered  limited
liability  partnership  formed  to provide licensed clinical social work
services in this state must be licensed pursuant to article 154  of  the
education law to practice clinical social work in this state. Each part-
ner  of  a  registered  limited  liability partnership formed to provide
creative arts therapy services in this state must be  licensed  pursuant
to article 163 of the education law to practice creative arts therapy in
this  state.  Each partner of a registered limited liability partnership
formed to provide marriage and family therapy  services  in  this  state
must  be  licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy in this state. Each partner of a regis-
tered limited liability partnership  formed  to  provide  mental  health
counseling  services  in this state must be licensed pursuant to article
163 of the education law to practice mental health  counseling  in  this
state. Each partner of a registered limited liability partnership formed
to provide psychoanalysis services in this state must be licensed pursu-
ant  to  article  163 of the education law to practice psychoanalysis in
this state. Each partner of a registered limited  liability  partnership
formed  to  provide applied behavior analysis service in this state must
be licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this state.   NOTWITHSTANDING  ANY
OTHER  PROVISIONS  OF  LAW  A  LIMITED  LIABILITY  PARTNERSHIP FORMED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH  PRACTICE
IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE
REQUIRED  TO  SHOW  (1)  THAT  A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN-
SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID-
UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT
ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF
BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
ACCOUNTANCY IN THIS STATE, HOLD A VALID  LICENSE  ISSUED  UNDER  SECTION
7404  OF  THE  EDUCATION  LAW  OR  ARE PUBLIC ACCOUNTANTS LICENSED UNDER
SECTION 7405 OF THE EDUCATION LAW.  ALTHOUGH FIRMS MAY  INCLUDE  NON-LI-
CENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGAT-
ED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY.  NOTWITHSTANDING THE FORE-
GOING,  A  FIRM  REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE
OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC  ACCOUNT-
ANT,"  OR  "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR
"CPAS." EACH NON-LICENSEE OWNER OF A FIRM  THAT  IS  INCORPORATED  UNDER
THIS  SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2)  AN  ENTITY,
INCLUDING,  BUT  NOT  LIMITED  TO,  A PARTNERSHIP OR PROFESSIONAL CORPO-
RATION, PROVIDED EACH BENEFICIAL OWNER OF AN  EQUITY  INTEREST  IN  SUCH
ENTITY  IS  A  NATURAL  PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS
CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES  OF  THIS
SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS

S. 6406                            68                            A. 9006

OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE DAY-TO-DAY BUSINESS OR
MANAGEMENT OF THE FIRM.
  S  12.  Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 554 of the laws  of  2013,  is  amended  to  read  as
follows:
  (q)  Each  partner  of  a  foreign limited liability partnership which
provides medical services in this state must  be  licensed  pursuant  to
article  131  of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership  which  provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign  limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the  education
law  to  practice  veterinary  medicine in this state. Each partner of a
foreign limited liability partnership which provides professional  engi-
neering,  land  surveying,  architectural and/or landscape architectural
services in this state must be licensed pursuant to article 145, article
147 and/or article 148 of the education law to practice one or  more  of
such professions. EACH PARTNER OF A FOREIGN REGISTERED LIMITED LIABILITY
PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCI-
PAL  PLACE  OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUN-
TANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF  THE  EDUCA-
TION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a
foreign  limited  liability partnership which provides licensed clinical
social work services in this state must be licensed pursuant to  article
154  of  the  education law to practice licensed clinical social work in
this state. Each partner of  a  foreign  limited  liability  partnership
which  provides  creative  arts  therapy  services in this state must be
licensed pursuant to article 163 of the education law to practice  crea-
tive  arts  therapy  in  this  state.  Each partner of a foreign limited
liability  partnership  which  provides  marriage  and  family   therapy
services  in  this state must be licensed pursuant to article 163 of the
education law to practice marriage and family  therapy  in  this  state.
Each  partner  of a foreign limited liability partnership which provides
mental health counseling services in this state must be licensed  pursu-
ant  to article 163 of the education law to practice mental health coun-
seling in this state. Each partner of a foreign limited liability  part-
nership  which  provides  psychoanalysis  services in this state must be
licensed pursuant to article  163  of  the  education  law  to  practice
psychoanalysis  in this state. Each partner of a foreign limited liabil-
ity partnership which provides applied  behavior  analysis  services  in
this  state must be licensed or certified pursuant to article 167 of the
education law to practice  applied  behavior  analysis  in  this  state.
NOTWITHSTANDING  ANY OTHER PROVISIONS OF LAW A FOREIGN LIMITED LIABILITY
PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC  ACCOUN-
TANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE
EDUCATION  LAW,  SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF
THE OWNERSHIP OF THE FIRM, IN TERMS OF  FINANCIAL  INTERESTS,  INCLUDING
OWNERSHIP-BASED  COMPENSATION,  AND  VOTING  RIGHTS  HELD  BY THE FIRM'S
OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE  PUBLIC  ACCOUNTANCY
IN  SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMITED LIABILITY
PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND  WHO
ARE  ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A
VALID LICENSE ISSUED UNDER SECTION 7404 OF  THE  EDUCATION  LAW  OR  ARE
PUBLIC  ACCOUNTANTS  LICENSED  UNDER  SECTION 7405 OF THE EDUCATION LAW.
ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS  OWNERS

S. 6406                            69                            A. 9006

MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
TANCY.    NOTWITHSTANDING  THE  FOREGOING,  A FIRM REGISTERED UNDER THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A  FIRM
THAT  IS  INCORPORATED  UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON
WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS  AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE  BUSINESS  CONDUCTED  BY  THE  FIRM OR ITS AFFILIATED ENTITIES.  FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
SERVICES  TO  CLIENTS  OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S 12-a. Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
follows:
  (q)  Each  partner  of  a  foreign limited liability partnership which
provides medical services in this state must  be  licensed  pursuant  to
article  131  of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership  which  provides
dental services in the state must be licensed pursuant to article 133 of
the  education law to practice dentistry in this state.  Each partner of
a  foreign  limited  liability  partnership  which  provides  veterinary
service  in  the  state shall be licensed pursuant to article 135 of the
education law to practice veterinary medicine in this state. Each  part-
ner  of  a  foreign limited liability partnership which provides profes-
sional engineering, land surveying, geological  services,  architectural
and/or  landscape  architectural services in this state must be licensed
pursuant to article 145, article 147 and/or article 148 of the education
law to practice one or more of such professions.    EACH  PARTNER  OF  A
FOREIGN  REGISTERED  LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO PROVIDE
PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE  OF  BUSINESS  IS  IN
THIS  STATE  AND  WHO  PROVIDES  PUBLIC  ACCOUNTANCY  SERVICES,  MUST BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY IN THIS STATE. Each partner of a foreign  limited  liability
partnership  which  provides  licensed  clinical social work services in
this state must be licensed pursuant to article 154 of the education law
to practice licensed clinical social work in this state. Each partner of
a foreign limited liability partnership  which  provides  creative  arts
therapy  services in this state must be licensed pursuant to article 163
of the education law to practice creative arts therapy  in  this  state.
Each  partner  of a foreign limited liability partnership which provides
marriage and family therapy services in  this  state  must  be  licensed
pursuant  to  article  163 of the education law to practice marriage and
family therapy in this state. Each partner of a foreign limited  liabil-
ity partnership which provides mental health counseling services in this
state  must  be licensed pursuant to article 163 of the education law to
practice mental health counseling in  this  state.  Each  partner  of  a
foreign  limited  liability  partnership  which  provides psychoanalysis
services in this state must be licensed pursuant to article 163  of  the
education  law to practice psychoanalysis in this state. Each partner of
a foreign limited liability partnership which provides applied  behavior
analysis  services  in this state must be licensed or certified pursuant
to article 167 of the education law to practice applied behavior  analy-
sis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN

S. 6406                            70                            A. 9006

LIMITED  LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE
OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS  RESPECTIVELY  DEFINED  UNDER
ARTICLE  149  OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A
SIMPLE  MAJORITY  OF  THE  OWNERSHIP  OF THE FIRM, IN TERMS OF FINANCIAL
INTERESTS, INCLUDING OWNERSHIP-BASED  COMPENSATION,  AND  VOTING  RIGHTS
HELD  BY  THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE
PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN
LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF  BUSINESS  IS  IN
THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCA-
TION  LAW  OR  ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE
EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE  FIRM
AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR
PUBLIC  ACCOUNTANCY.    NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED
UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE  FIRM'S  NAME
INCLUDES  THE  WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR  "CPAS."  EACH  NON-LICENSEE
OWNER  OF  A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A
NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM  OR
ITS  AFFILIATED  ENTITIES,  OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED
TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH  BENEFICIAL
OWNER  OF  AN  EQUITY  INTEREST  IN  SUCH ENTITY IS A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS  CONDUCTED  BY  THE  FIRM  OR  ITS
AFFILIATED  ENTITIES.    FOR  PURPOSES  OF  THIS  SUBDIVISION, "ACTIVELY
PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE  INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S  13.  Subdivision  (h) of section 121-101 of the partnership law, as
added by chapter 950 of the laws of 1990, is amended to read as follows:
  (h) "Limited partnership" and  "domestic  limited  partnership"  mean,
unless  the  context otherwise requires, a partnership (i) formed by two
or more persons pursuant to this article or which complies with subdivi-
sion (a) of section 121-1202 of this article and (ii) having one or more
general partners and one or more limited partners.  NOTWITHSTANDING  ANY
OTHER  PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART-
NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A  SIMPLE  MAJORITY  OF  THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED  COMPENSATION,  AND  VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY  IN  SOME
STATE,  AND  (2)  THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC
LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION  LAW  OR
ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW.
ALTHOUGH  FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
TANCY.   NOTWITHSTANDING THE FOREGOING, A  FIRM  REGISTERED  UNDER  THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A  FIRM
THAT  IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN

S. 6406                            71                            A. 9006

THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
SERVICES  TO  CLIENTS  OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S 14. Subdivision (b) of section 1207 of the limited liability company
law,  as  amended by chapter 554 of the laws of 2013, is amended to read
as follows:
  (b) With respect to a professional service limited  liability  company
formed to provide medical services as such services are defined in arti-
cle  131  of  the  education  law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state. With respect to a professional  service
limited  liability  company  formed  to  provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article  133
of  the  education law to practice dentistry in this state. With respect
to a professional service limited liability company  formed  to  provide
veterinary  services  as such services are defined in article 135 of the
education law, each member of such limited  liability  company  must  be
licensed pursuant to article 135 of the education law to practice veter-
inary  medicine  in  this  state. With respect to a professional service
limited liability company formed to  provide  professional  engineering,
land surveying, architectural and/or landscape architectural services as
such services are defined in article 145, article 147 and article 148 of
the education law, each member of such limited liability company must be
licensed  pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY  FORMED
TO  PROVIDE  PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN
ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH  LIMITED  LIABILITY
COMPANY  WHOSE  PRINCIPAL  PLACE  OF  BUSINESS  IS IN THIS STATE AND WHO
PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTI-
CLE 149 OF THE EDUCATION LAW TO  PRACTICE  PUBLIC  ACCOUNTANCY  IN  THIS
STATE.  With respect to a professional service limited liability company
formed to  provide  licensed  clinical  social  work  services  as  such
services are defined in article 154 of the education law, each member of
such limited liability company shall be licensed pursuant to article 154
of  the  education law to practice licensed clinical social work in this
state. With respect to a professional service limited liability  company
formed  to  provide  creative arts therapy services as such services are
defined in article 163 of the education law, each member of such limited
liability company must be licensed pursuant to article 163 of the educa-
tion law to practice creative arts therapy in this state.  With  respect
to  a  professional  service limited liability company formed to provide
marriage and family therapy services as such  services  are  defined  in
article  163 of the education law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. With  respect  to  a
professional  service limited liability company formed to provide mental
health counseling services as such services are defined in  article  163
of the education law, each member of such limited liability company must
be  licensed  pursuant  to  article 163 of the education law to practice
mental health counseling in this state. With respect to  a  professional
service  limited  liability  company  formed  to  provide psychoanalysis
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed

S. 6406                            72                            A. 9006

pursuant to article 163 of the education law to practice  psychoanalysis
in  this state. With respect to a professional service limited liability
company formed to provide applied behavior  analysis  services  as  such
services are defined in article 167 of the education law, each member of
such limited liability company must be licensed or certified pursuant to
article  167  of the education law to practice applied behavior analysis
in this state. NOTWITHSTANDING ANY OTHER PROVISIONS  OF  LAW  A  PROFES-
SIONAL  SERVICE  LIMITED  LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN
THE PRACTICE OF PUBLIC ACCOUNTANCY, AS  SUCH  PRACTICE  IS  RESPECTIVELY
DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW
(1)  THAT  A  SIMPLE  MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF
FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND  VOTING
RIGHTS  HELD  BY  THE  FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO
PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A
LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE  PRINCIPAL
PLACE  OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE
OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE  ISSUED  UNDER
SECTION  7404 OF ARTICLE 149 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNT-
ANTS LICENSED UNDER SECTION 7405 OF ARTICLE 149 OF  THE  EDUCATION  LAW.
ALTHOUGH  FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
TANCY.   NOTWITHSTANDING THE FOREGOING, A  FIRM  REGISTERED  UNDER  THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A  FIRM
THAT  IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
SERVICES  TO  CLIENTS  OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S 14-a. Subdivision (b) of  section  1207  of  the  limited  liability
company  law,  as amended by chapter 475 of the laws of 2014, is amended
to read as follows:
  (b) With respect to a professional service limited  liability  company
formed to provide medical services as such services are defined in arti-
cle  131  of  the  education  law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state. With respect to a professional  service
limited  liability  company  formed  to  provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article  133
of  the education law to practice dentistry in this state.  With respect
to a professional service limited liability company  formed  to  provide
veterinary  services  as such services are defined in article 135 of the
education law, each member of such limited  liability  company  must  be
licensed pursuant to article 135 of the education law to practice veter-
inary  medicine  in  this  state. With respect to a professional service
limited liability company formed to  provide  professional  engineering,
land surveying, architectural, landscape architectural and/or geological
services  as  such  services are defined in article 145, article 147 and
article 148 of the education law, each member of such limited  liability
company  must  be  licensed  pursuant to article 145, article 147 and/or

S. 6406                            73                            A. 9006

article 148 of the education  law  to  practice  one  or  more  of  such
professions  in  this  state.    WITH  RESPECT TO A PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY  SERVICES
AS  SUCH  SERVICES  ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH
MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF  BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST
BE  LICENSED  PURSUANT  TO  ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE
PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
limited liability company formed to  provide  licensed  clinical  social
work  services as such services are defined in article 154 of the educa-
tion law, each  member  of  such  limited  liability  company  shall  be
licensed  pursuant  to  article  154  of  the  education law to practice
licensed clinical social work in this state. With respect to  a  profes-
sional service limited liability company formed to provide creative arts
therapy  services  as  such  services  are defined in article 163 of the
education law, each member of such limited  liability  company  must  be
licensed  pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. With respect to a professional  service
limited  liability company formed to provide marriage and family therapy
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to  practice  marriage  and
family  therapy  in  this  state. With respect to a professional service
limited liability company formed to  provide  mental  health  counseling
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article 163 of the education law to practice mental health
counseling in this state. With respect to a professional service limited
liability company formed to  provide  psychoanalysis  services  as  such
services are defined in article 163 of the education law, each member of
such  limited liability company must be licensed pursuant to article 163
of the education law to practice  psychoanalysis  in  this  state.  With
respect  to  a  professional service limited liability company formed to
provide applied behavior analysis services as such services are  defined
in article 167 of the education law, each member of such limited liabil-
ity company must be licensed or certified pursuant to article 167 of the
education  law  to  practice  applied  behavior  analysis in this state.
NOTWITHSTANDING ANY OTHER  PROVISIONS  OF  LAW  A  PROFESSIONAL  SERVICE
LIMITED  LIABILITY  COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF
PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE
MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL  INTERESTS,
INCLUDING  OWNERSHIP-BASED  COMPENSATION,  AND VOTING RIGHTS HELD BY THE
FIRM'S OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE  PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSI-
NESS  IS  IN  THIS  STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
ACCOUNTANCY IN THIS STATE, HOLD A VALID  LICENSE  ISSUED  UNDER  SECTION
7404  OF  ARTICLE  149  OF  THE  EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS
LICENSED UNDER SECTION  7405  OF  ARTICLE  149  OF  THE  EDUCATION  LAW.
ALTHOUGH  FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
TANCY.   NOTWITHSTANDING THE FOREGOING, A  FIRM  REGISTERED  UNDER  THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A  FIRM

S. 6406                            74                            A. 9006

THAT  IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
SERVICES  TO  CLIENTS  OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S 15. Subdivisions (a) and (f) of section 1301 of the limited  liabil-
ity  company  law, subdivision (a) as amended by chapter 554 of the laws
of 2013 and subdivision (f) as amended by chapter 170  of  the  laws  of
1996, are amended to read as follows:
  (a)  "Foreign  professional service limited liability company" means a
professional service limited liability company, whether or  not  denomi-
nated  as  such,  organized  under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional authorized by law to render a professional  service  within  this
state  and who is or has been engaged in the practice of such profession
in such professional service limited liability company or a  predecessor
entity, or will engage in the practice of such profession in the profes-
sional  service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and  manag-
ers,  if  any, is a professional at least one of such members is author-
ized by law to render a professional service within this state  and  who
is  or  has  been  engaged  in  the  practice of such profession in such
professional service limited liability company or a predecessor  entity,
or  will  engage  in the practice of such profession in the professional
service limited liability company within thirty days of  the  date  such
professional  becomes  a  member,  or  (ii)  authorized by, or holding a
license, certificate, registration or permit  issued  by  the  licensing
authority  pursuant  to,  the  education  law  to  render a professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides  health services in this state shall be licensed in this state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such  foreign  professional
service  limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine.  With  respect
to  a  foreign  professional  service  limited  liability  company which
provides medical services as such services are defined in article 131 of
the education law, each member  of  such  foreign  professional  service
limited  liability  company  must be licensed pursuant to article 131 of
the education law to practice medicine in this state.  With respect to a
foreign professional service limited liability  company  which  provides
dental  services  as  such  services  are  defined in article 133 of the
education law, each member of such foreign professional service  limited
liability company must be licensed pursuant to article 133 of the educa-
tion  law to practice dentistry in this state. With respect to a foreign
professional service limited liability company  which  provides  profes-
sional  engineering,  land  surveying,  architectural  and/or  landscape
architectural services as such services  are  defined  in  article  145,
article  147  and  article 148 of the education law, each member of such
foreign professional service limited liability company must be  licensed
pursuant to article 145, article 147 and/or article 148 of the education

S. 6406                            75                            A. 9006

law  to  practice  one  or  more of such professions in this state. WITH
RESPECT TO A FOREIGN  PROFESSIONAL  SERVICE  LIMITED  LIABILITY  COMPANY
WHICH  PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED
IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
SIONAL  SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND  WHO  PROVIDES  PUBLIC  ACCOUNTANCY  SERVICES,
SHALL  BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC-
TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
sional service limited liability company which provides  licensed  clin-
ical social work services as such services are defined in article 154 of
the  education  law,  each  member  of such foreign professional service
limited liability company shall be licensed pursuant to article  154  of
the  education  law to practice clinical social work in this state. With
respect to a foreign  professional  service  limited  liability  company
which  provides  creative  arts  therapy  services  as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. With respect  to  a  foreign  professional  service  limited
liability company which provides marriage and family therapy services as
such  services  are  defined  in  article 163 of the education law, each
member of such foreign professional service  limited  liability  company
must  be  licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy  in  this  state.  With  respect  to  a
foreign  professional  service  limited liability company which provides
mental health counseling services as such services are defined in  arti-
cle  163  of the education law, each member of such foreign professional
service limited liability company must be licensed pursuant  to  article
163  of  the  education law to practice mental health counseling in this
state. With respect to a foreign professional service limited  liability
company  which  provides  psychoanalysis  services  as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice psychoanalysis  in  this
state.  With respect to a foreign professional service limited liability
company which  provides  applied  behavior  analysis  services  as  such
services are defined in article 167 of the education law, each member of
such  foreign  professional  service  limited  liability company must be
licensed or certified pursuant to article 167 of the  education  law  to
practice  applied  behavior  analysis in this state. NOTWITHSTANDING ANY
OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A  SIMPLE  MAJORITY  OF  THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED  COMPENSATION,  AND  VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY  IN  SOME
STATE,  AND  (2)  THAT  ALL  MEMBERS  OF  A FOREIGN LIMITED PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS  IS
IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY
IN  THIS  STATE,  HOLD  A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE
EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION  7405  OF
THE  EDUCATION  LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE
FIRM AND ITS OWNERS MUST COMPLY WITH  RULES  PROMULGATED  BY  THE  STATE
BOARD  FOR  PUBLIC  ACCOUNTANCY.   NOTWITHSTANDING THE FOREGOING, A FIRM
REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE  OWNERS  IF  THE

S. 6406                            76                            A. 9006

FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED  PUBLIC  ACCOUNTANTS,"  OR THE ABBREVIATIONS "CPA" OR "CPAS."  EACH
NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL
BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
FIRM  OR  ITS  AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT
LIMITED TO, A PARTNERSHIP OR  PROFESSIONAL  CORPORATION,  PROVIDED  EACH
BENEFICIAL  OWNER  OF  AN  EQUITY  INTEREST  IN SUCH ENTITY IS A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY  THE  FIRM
OR  ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE  INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  (f) "Professional partnership" means (1) a partnership without limited
partners  each  of whose partners is a professional authorized by law to
render a professional service within this state, (2) a partnership with-
out limited partners each of whose partners is a professional, at  least
one of whom is authorized by law to render a professional service within
this  state or (3) a partnership without limited partners authorized by,
or holding a license, certificate, registration or permit issued by  the
licensing  authority  pursuant  to the education law to render a profes-
sional service within this state; except that all partners of a  profes-
sional  partnership that provides medical services in this state must be
licensed pursuant to article 131 of the education law to practice  medi-
cine  in  this state and all partners of a professional partnership that
provides dental services in this state  must  be  licensed  pursuant  to
article  133  of  the education law to practice dentistry in this state;
except that all partners of a  professional  partnership  that  provides
veterinary  services  in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this  state;
and  further except that all partners of a professional partnership that
provides professional engineering, land surveying, architectural, and/or
landscape architectural services in this state must be licensed pursuant
to article 145, article 147 and/or article 148 of the education  law  to
practice one or more of such professions. WITH RESPECT TO A PROFESSIONAL
PARTNERSHIP  WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES
ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW,  EACH  MEMBER  OF  SUCH
PROFESSIONAL  PARTNERSHIP  WHOSE  PRINCIPAL PLACE OF BUSINESS IS IN THIS
STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,  SHALL  BE  LICENSED
PURSUANT  TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUN-
TANCY. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL  PART-
NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION  LAW  SHALL  BE  REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY  THE  FIRM'S  OWNERS,
BELONGS  TO  INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (2) THAT ALL MEMBERS OF A LIMITED  PROFESSIONAL  PARTNERSHIP,
WHOSE  PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED
IN THE PRACTICE OF PUBLIC  ACCOUNTANCY  IN  THIS  STATE,  HOLD  A  VALID
LICENSE  ISSUED  UNDER  SECTION  7404 OF THE EDUCATION LAW OR ARE PUBLIC
ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION  LAW.  ALTHOUGH
FIRMS  MAY  INCLUDE  NON-LICENSEE  OWNERS,  THE FIRM AND ITS OWNERS MUST
COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY.
NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION  MAY
NOT  HAVE  NON-LICENSEE  OWNERS  IF  THE  FIRM'S NAME INCLUDES THE WORDS
"CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
ABBREVIATIONS "CPA" OR "CPAS."  EACH NON-LICENSEE OWNER OF A  FIRM  THAT

S. 6406                            77                            A. 9006

IS  REGISTERED  UNDER  THIS  SECTION  SHALL  BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
SERVICES  TO  CLIENTS  OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S 15-a. Subdivisions (a) and  (f)  of  section  1301  of  the  limited
liability  company  law,  as amended by chapter 475 of the laws of 2014,
are amended to read as follows:
  (a) "Foreign professional service limited liability company"  means  a
professional  service  limited liability company, whether or not denomi-
nated as such, organized under the laws of  a  jurisdiction  other  than
this state, (i) each of whose members and managers, if any, is a profes-
sional  authorized  by  law to render a professional service within this
state and who is or has been engaged in the practice of such  profession
in  such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the  date
such  professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members  is  author-
ized  by  law to render a professional service within this state and who
is or has been engaged in  the  practice  of  such  profession  in  such
professional  service limited liability company or a predecessor entity,
or will engage in the practice of such profession  in  the  professional
service  limited  liability  company within thirty days of the date such
professional becomes a member, or  (ii)  authorized  by,  or  holding  a
license,  certificate,  registration  or  permit issued by the licensing
authority pursuant to,  the  education  law  to  render  a  professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides health services in this state shall be licensed in this  state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle  135  of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to  article
135  of  the education law to practice veterinary medicine. With respect
to a  foreign  professional  service  limited  liability  company  which
provides medical services as such services are defined in article 131 of
the  education  law,  each  member  of such foreign professional service
limited liability company must be licensed pursuant to  article  131  of
the education law to practice medicine in this state.  With respect to a
foreign  professional  service  limited liability company which provides
dental services as such services are  defined  in  article  133  of  the
education  law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 133 of the educa-
tion law to practice dentistry in this state. With respect to a  foreign
professional  service  limited  liability company which provides profes-
sional engineering, land surveying, geologic, architectural and/or land-
scape architectural services as such services  are  defined  in  article
145,  article  147  and article 148 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.

S. 6406                            78                            A. 9006

WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE  DEFINED
IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
SIONAL  SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND  WHO  PROVIDES  PUBLIC  ACCOUNTANCY  SERVICES,
SHALL  BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC-
TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
sional service limited liability company which provides  licensed  clin-
ical social work services as such services are defined in article 154 of
the  education  law,  each  member  of such foreign professional service
limited liability company shall be licensed pursuant to article  154  of
the  education  law to practice clinical social work in this state. With
respect to a foreign  professional  service  limited  liability  company
which  provides  creative  arts  therapy  services  as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. With respect  to  a  foreign  professional  service  limited
liability company which provides marriage and family therapy services as
such  services  are  defined  in  article 163 of the education law, each
member of such foreign professional service  limited  liability  company
must  be  licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy  in  this  state.  With  respect  to  a
foreign  professional  service  limited liability company which provides
mental health counseling services as such services are defined in  arti-
cle  163  of the education law, each member of such foreign professional
service limited liability company must be licensed pursuant  to  article
163  of  the  education law to practice mental health counseling in this
state. With respect to a foreign professional service limited  liability
company  which  provides  psychoanalysis  services  as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice psychoanalysis  in  this
state.  With respect to a foreign professional service limited liability
company which  provides  applied  behavior  analysis  services  as  such
services are defined in article 167 of the education law, each member of
such  foreign  professional  service  limited  liability company must be
licensed or certified pursuant to article 167 of the  education  law  to
practice  applied  behavior  analysis in this state. NOTWITHSTANDING ANY
OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A  SIMPLE  MAJORITY  OF  THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED  COMPENSATION,  AND  VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY  IN  SOME
STATE,  AND  (2)  THAT  ALL  MEMBERS  OF  A FOREIGN LIMITED PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS  IS
IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY
IN  THIS  STATE,  HOLD  A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE
EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION  7405  OF
THE  EDUCATION  LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE
FIRM AND ITS OWNERS MUST COMPLY WITH  RULES  PROMULGATED  BY  THE  STATE
BOARD  FOR  PUBLIC  ACCOUNTANCY.   NOTWITHSTANDING THE FOREGOING, A FIRM
REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE  OWNERS  IF  THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-

S. 6406                            79                            A. 9006

FIED  PUBLIC  ACCOUNTANTS,"  OR THE ABBREVIATIONS "CPA" OR "CPAS."  EACH
NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL
BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
FIRM  OR  ITS  AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT
LIMITED TO, A PARTNERSHIP OR  PROFESSIONAL  CORPORATION,  PROVIDED  EACH
BENEFICIAL  OWNER  OF  AN  EQUITY  INTEREST  IN SUCH ENTITY IS A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY  THE  FIRM
OR  ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE  INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  (f) "Professional partnership" means (1) a partnership without limited
partners  each  of whose partners is a professional authorized by law to
render a professional service within this state, (2) a partnership with-
out limited partners each of whose partners is a professional, at  least
one of whom is authorized by law to render a professional service within
this  state or (3) a partnership without limited partners authorized by,
or holding a license, certificate, registration or permit issued by  the
licensing  authority  pursuant  to the education law to render a profes-
sional service within this state; except that all partners of a  profes-
sional  partnership that provides medical services in this state must be
licensed pursuant to article 131 of the education law to practice  medi-
cine  in  this state and all partners of a professional partnership that
provides dental services in this state  must  be  licensed  pursuant  to
article  133  of  the education law to practice dentistry in this state;
except that all partners of a  professional  partnership  that  provides
veterinary  services  in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this  state;
and  further except that all partners of a professional partnership that
provides professional engineering, land surveying,  geologic,  architec-
tural,  and/or  landscape  architectural  services in this state must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education  law to practice one or more of such professions. WITH RESPECT
TO A PROFESSIONAL PARTNERSHIP WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES
AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION  LAW,  EACH
MEMBER  OF  SUCH PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND  WHO  PROVIDES  PUBLIC  ACCOUNTANCY  SERVICES,
SHALL  BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC-
TICE PUBLIC ACCOUNTANCY. NOTWITHSTANDING ANY OTHER PROVISIONS OF  LAW  A
PROFESSIONAL  PARTNERSHIP  FORMED  TO LAWFULLY ENGAGE IN THE PRACTICE OF
PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE
MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL  INTERESTS,
INCLUDING  OWNERSHIP-BASED  COMPENSATION,  AND VOTING RIGHTS HELD BY THE
FIRM'S OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE  PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES-
SIONAL  PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION  LAW  OR
ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW.
ALTHOUGH  FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
TANCY.   NOTWITHSTANDING THE FOREGOING, A  FIRM  REGISTERED  UNDER  THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS."  EACH NON-LICENSEE OWNER OF A FIRM
THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON  WHO

S. 6406                            80                            A. 9006

ACTIVELY  PARTICIPATES  IN  THE  BUSINESS  OF THE FIRM OR ITS AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
SERVICES  TO  CLIENTS  OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S 16. This act shall take effect immediately; provided, however,  that
sections ten-a, eleven-a, twelve-a, fourteen-a and fifteen-a of this act
shall  take  effect on the same date as sections 25, 26, 27, 22, and 23,
respectively, of chapter 475 of the laws of 2014 take effect.

                                 PART I

  Section 1. Section 34 of chapter 91 of the laws of 2002, amending  the
education  law and other laws relating to reorganization of the New York
city school construction authority, board  of  education  and  community
boards,  as amended by section 1 of subpart D of part B of chapter 20 of
the laws of 2015, is amended to read as follows:
  S 34. This act shall take effect July 1, 2002; provided, that sections
one through twenty, twenty-four, and twenty-six through thirty  of  this
act  shall  expire and be deemed repealed June 30, [2016] 2019 provided,
further, that notwithstanding any provision of article 5 of the  general
construction law, on June 30, [2016] 2019 the provisions of subdivisions
3,  5,  and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
b, d, and e of subdivision 15, and subdivisions 17  and  21  of  section
2554  of  the  education  law  as repealed by section three of this act,
subdivision 1 of section 2590-b of the  education  law  as  repealed  by
section  six  of  this  act,  paragraph  (a) of subdivision 2 of section
2590-b of the education law as repealed by section seven  of  this  act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as  repealed by section twenty-six of this act, subdivision 1 of section
2590-e of the education law as repealed by section twenty-seven of  this
act,  subdivision  28 of section 2590-h of the education law as repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision 30-a of section 2590-h  of  the  education  law  as  repealed  by
section  thirty  of  this  act  shall  be  revived  and  be read as such
provisions existed in law on the date immediately preceding  the  effec-
tive  date of this act; provided, however, that sections seven and eight
of this act shall take effect on November  30,  2003;  provided  further
that  the  amendments to subdivision 25 of section 2554 of the education
law made by section two of this act shall be subject to  the  expiration
and  reversion of such subdivision pursuant to section 12 of chapter 147
of the laws of 2001, as amended, when upon such date the  provisions  of
section four of this act shall take effect.
  S  2. Subdivision 12 of section 17 of chapter 345 of the laws of 2009,
amending the education law and other laws relating to the New York  city
board of education, chancellor, community councils, and community super-
intendents, as amended by section 2 of subpart D of part B of chapter 20
of the laws of 2015, is amended to read as follows:
  12. any provision in sections one, two, three, four, five, six, seven,
eight,  nine,  ten  and  eleven  of this act not otherwise set to expire
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or

S. 6406                            81                            A. 9006

section 17 of chapter 123 of the laws of 2003, as amended, shall  expire
and be deemed repealed June 30, [2016] 2019.
  S 3. This act shall take effect immediately.

                                 PART J

  Section  1.  Subdivision 1 of section 813 of the labor law, as amended
by chapter 55 of the laws of 1992, is amended to read as follows:
  1. The governor shall appoint  a  state  apprenticeship  and  training
council,  composed  of NOT MORE THAN three representatives from employer
organizations [and three from], AN EQUAL NUMBER OF REPRESENTATIVES  FROM
employee  organizations  and [one representative] AN EQUAL NUMBER of the
general public[, who shall be the chairman]. THE REPRESENTATIVES OF  THE
GENERAL  PUBLIC SHALL INCLUDE REPRESENTATIVES OF PUBLIC COLLEGES, COMMU-
NITY COLLEGES OR BOARDS OF COOPERATIVE EDUCATIONAL  SERVICES  THAT  HAVE
EXPERIENCE  PROVIDING  RELATED  INSTRUCTION FOR APPRENTICESHIP PROGRAMS.
THE GOVERNOR SHALL DESIGNATE ONE OF THE PUBLIC MEMBERS AS THE CHAIR. The
council by majority vote may designate one of its  members,  other  than
the  [chairman]  CHAIR,  as  [vice-chairman]  VICE-CHAIR  to  act in the
absence or inability of the  [chairman]  CHAIR.  Each  member  shall  be
appointed for a term of three years. Each member shall hold office until
his  or  her  successor  is appointed and has qualified, and any vacancy
shall be filled by appointment for the unexpired portion  of  the  term.
The  present  members of the council shall continue to hold office until
the expiration of their present terms or their earlier  terminations  by
resignation  or  inability  to  act.  The commissioner of education, the
commissioner of labor and the commissioner of economic development shall
[ex officio be] BE EX OFFICIO members of such council without vote.  The
members of the council shall not receive a salary or other compensation,
but  shall  be reimbursed for transportation and other expenses actually
and necessarily incurred in the performance of their duties  under  this
article.
  S 2. This act shall take effect immediately.

                                 PART K

  Section  1.  Subdivision 1 of section 652 of the labor law, as amended
by section 1 of part P of chapter 57 of the laws of 2013, is amended  to
read as follows:
  1.  Statutory.  Every  employer shall pay to each of its employees for
each hour worked a wage of not less than:
  [$4.25 on and after April 1, 1991,
  $5.15 on and after March 31, 2000,
  $6.00 on and after January 1, 2005,
  $6.75 on and after January 1, 2006,]
  $7.15 on and after January 1, 2007,
  $8.00 on and after December 31, 2013,
  $8.75 on and after December 31, 2014,
  $9.00 on and after December 31, 2015,
  $9.75 ON AND AFTER JULY 1, 2016,
  $10.75 ON AND AFTER DECEMBER 31, 2016,
  $11.75 ON AND AFTER DECEMBER 31, 2017,
  $12.75 ON AND AFTER DECEMBER 31, 2018,
  $13.75 ON AND AFTER DECEMBER 31, 2019,
  $14.50 ON AND AFTER DECEMBER 31, 2020,
  $15.00 ON AND AFTER JULY 1, 2021,

S. 6406                            82                            A. 9006

or, if greater, such other wage as may be  established  by  federal  law
pursuant  to  29 U.S.C. section 206 or its successors or such other wage
as may be established in accordance with the provisions of this article.
  S  2.  Subdivision 6 of section 652 of the labor law is REPEALED and a
new subdivision 6 is added to read as follows:
  6. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE  MINIMUM  WAGE
FOR  AN  EMPLOYEE WHO WORKS IN A CITY WITH A POPULATION IN EXCESS OF ONE
MILLION SHALL BE PHASED-IN ON THE FOLLOWING ACCELERATED SCHEDULE:
  $10.50 PER HOUR ON AND AFTER JULY 1, 2016,
  $12.00 PER HOUR ON AND AFTER DECEMBER 31, 2016,
  $13.50 PER HOUR ON AND AFTER DECEMBER 31, 2017,
  $15.00 PER HOUR ON AND AFTER DECEMBER 31, 2018,
OR, IF GREATER, SUCH OTHER WAGE AS MAY BE ESTABLISHED UNDER, OR PROVIDED
FOR BY, SUBDIVISION ONE OF THIS SECTION. THE RATES AND  SCHEDULE  ESTAB-
LISHED  ABOVE  SHALL NOT BE DEEMED TO BE THE MINIMUM WAGE UNDER SUBDIVI-
SION ONE OF THIS SECTION FOR PURPOSES OF THE CALCULATIONS  SPECIFIED  IN
SUBDIVISION  TWO  OF  THIS  SECTION  AND  IN SUBDIVISIONS ONE AND TWO OF
SECTION FIVE HUNDRED TWENTY-SEVEN OF THIS CHAPTER.
  S 3. This act shall take effect immediately  provided,  however,  that
the provisions of section two of this act shall expire July 1, 2021 when
upon such date the provisions of such section shall be deemed repealed.

                                 PART L

  Section  1.  Subdivision  (a)  of  section  25-a  of the labor law, as
amended by section 1 of part AA of chapter 56 of the laws  of  2015,  is
amended to read as follows:
  (a)  The  commissioner  is  authorized to establish and administer the
program established under this section  to  provide  tax  incentives  to
employers  for  employing at risk youth in part-time and full-time posi-
tions. There will be five distinct pools of tax incentives. Program  one
will  cover  tax  incentives  allocated  for two thousand twelve and two
thousand thirteen. Program two will cover tax  incentives  allocated  in
two thousand fourteen. Program three will cover tax incentives allocated
in  two  thousand  fifteen. Program four will cover tax incentives allo-
cated in two thousand sixteen. Program five will  cover  tax  incentives
allocated  in  two thousand seventeen. The commissioner is authorized to
allocate up to twenty-five million dollars of tax credits under  program
one,  ten million dollars of tax credits under program two, [and] twenty
million dollars of tax credits under [each of programs]  PROGRAM  three,
AND  FIFTY MILLION DOLLARS OF TAX CREDITS UNDER EACH OF PROGRAMS four[,]
and five.
  S 2. Subdivision (b) of section 25-a of the labor law  is  amended  by
adding a new paragraph 3 to read as follows:
  (3)  FOR  PROGRAMS  FOUR  AND  FIVE, THE TAX CREDIT UNDER EACH PROGRAM
SHALL BE ALLOCATED AS FOLLOWS: (I) FORTY MILLION DOLLARS OF  TAX  CREDIT
FOR  QUALIFIED EMPLOYEES; AND (II) TEN MILLION DOLLARS OF TAX CREDIT FOR
INDIVIDUALS WHO MEET ALL OF THE REQUIREMENTS FOR  A  QUALIFIED  EMPLOYEE
EXCEPT  FOR  THE RESIDENCY REQUIREMENT OF SUBPARAGRAPH (II) OF PARAGRAPH
TWO OF THIS SUBDIVISION, WHICH INDIVIDUALS SHALL BE DEEMED TO  MEET  THE
RESIDENCY  REQUIREMENTS  OF  SUBPARAGRAPH  (II) OF PARAGRAPH TWO OF THIS
SUBDIVISION IF THEY RESIDE IN NEW YORK STATE.
  S 3. This act shall take effect immediately.

                                 PART M

S. 6406                            83                            A. 9006

  Section 1. Clause (G) of subparagraph (vii) of paragraph 2 of subdivi-
sion (d) of section 1089 of the family court act, as added by section 27
of part A of chapter 3 of the laws  of  2005,  is  amended  to  read  as
follows:
  (G) where a child has or will before the next permanency hearing reach
the age of fourteen, (I) the services and assistance necessary to assist
the  child  in learning independent living skills TO ASSIST THE CHILD TO
MAKE THE TRANSITION FROM FOSTER CARE TO SUCCESSFUL ADULTHOOD;  AND  (II)
A.  THAT  THE PERMANENCY PLAN DEVELOPED FOR THE CHILD IN FOSTER CARE WHO
HAS ATTAINED THE AGE OF FOURTEEN, AND ANY REVISION OR  ADDITION  TO  THE
PLAN,  SHALL  BE  DEVELOPED  IN  CONSULTATION WITH THE CHILD AND, AT THE
OPTION OF THE CHILD, WITH UP TO TWO MEMBERS OF  THE  CHILD'S  PERMANENCY
PLANNING  TEAM  WHO  ARE  SELECTED BY THE CHILD AND WHO ARE NOT A FOSTER
PARENT OF, OR THE CASE WORKER, CASE PLANNER OR  CASE  MANAGER  FOR,  THE
CHILD EXCEPT THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY
OF  THE  CHILD MAY REJECT AN INDIVIDUAL SO SELECTED BY THE CHILD IF SUCH
LOCAL COMMISSIONER HAS GOOD CAUSE TO BELIEVE THAT THE  INDIVIDUAL  WOULD
NOT  ACT  IN THE BEST INTERESTS OF THE CHILD, AND B. THAT ONE INDIVIDUAL
SO SELECTED BY THE CHILD MAY BE DESIGNATED TO  BE  THE  CHILD'S  ADVISOR
AND,  AS  NECESSARY,  ADVOCATE,  WITH  RESPECT TO THE APPLICATION OF THE
REASONABLE AND PRUDENT PARENT STANDARD TO THE CHILD; and
  S 2. Paragraph (b) of subdivision 7 of section  355.5  of  the  family
court  act, as amended by section 17 of part L of chapter 56 of the laws
of 2015, is amended to read as follows:
  (b) in the case of a respondent who has attained the age of  fourteen,
(I)  the  services  needed, if any, to assist the respondent to make the
transition from foster care to [independent  living]  SUCCESSFUL  ADULT-
HOOD; AND (II)(A) THAT THE PERMANENCY PLAN DEVELOPED FOR THE RESPONDENT,
AND  ANY REVISION OR ADDITION TO THE PLAN, SHALL BE DEVELOPED IN CONSUL-
TATION WITH THE RESPONDENT AND, AT THE OPTION OF THE RESPONDENT, WITH UP
TO TWO MEMBERS OF THE RESPONDENT'S  PERMANENCY  PLANNING  TEAM  WHO  ARE
SELECTED  BY  THE RESPONDENT AND WHO ARE NOT A FOSTER PARENT OF, OR CASE
WORKER, CASE PLANNER OR CASE MANAGER FOR, THE  CHILD,  EXCEPT  THAT  THE
LOCAL  COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY OF THE RESPONDENT OR
THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES  IF  SUCH
OFFICE  HAS  CUSTODY OF THE RESPONDENT MAY REJECT AN INDIVIDUAL SELECTED
BY THE RESPONDENT IF SUCH COMMISSIONER HAS GOOD CAUSE  TO  BELIEVE  THAT
THE  INDIVIDUAL  WOULD  NOT ACT IN THE BEST INTERESTS OF THE RESPONDENT,
AND (B) THAT ONE INDIVIDUAL SO SELECTED BY THE RESPONDENT MAY BE  DESIG-
NATED  TO  BE THE RESPONDENT'S ADVISOR AND, AS NECESSARY, ADVOCATE, WITH
RESPECT  TO  THE  APPLICATION  OF  THE  REASONABLE  AND  PRUDENT  PARENT
STANDARD;
  S  3. Paragraph (ii) of subdivision (d) of section 756-a of the family
court act, as amended by section 22 of part L of chapter 56 of the  laws
of 2015, is amended to read as follows:
  (ii)  in the case of a child who has attained the age of fourteen, (A)
the services needed, if any, to assist the child to make the  transition
from  foster  care  to  [independent  living]  SUCCESSFUL ADULTHOOD; AND
(B)(1) THAT THE  PERMANENCY  PLAN  DEVELOPED  FOR  THE  CHILD,  AND  ANY
REVISION OR ADDITION TO THE PLAN SHALL BE DEVELOPED IN CONSULTATION WITH
THE  CHILD  AND,  AT  THE OPTION OF THE CHILD, WITH UP TO TWO ADDITIONAL
MEMBERS OF THE CHILD'S PERMANENCY PLANNING TEAM WHO ARE SELECTED BY  THE
CHILD  AND  WHO ARE NOT A FOSTER PARENT OF, OR CASE WORKER, CASE PLANNER
OR CASE MANAGER FOR, THE CHILD, EXCEPT THAT THE  LOCAL  COMMISSIONER  OF
SOCIAL  SERVICES  WITH  CUSTODY OF THE CHILD MAY REJECT AN INDIVIDUAL SO
SELECTED BY THE CHILD IF SUCH COMMISSIONER HAS  GOOD  CAUSE  TO  BELIEVE

S. 6406                            84                            A. 9006

THAT  THE  INDIVIDUAL  WOULD NOT ACT IN THE BEST INTERESTS OF THE CHILD,
AND (2) THAT ONE INDIVIDUAL SO SELECTED BY THE CHILD MAY  BE  DESIGNATED
TO  BE  THE  CHILD'S ADVISOR AND, AS NECESSARY, ADVOCATE WITH RESPECT TO
THE APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD;
  S 4. Subdivisions 1 and 2 of section 458-c of the social services law,
as  added  by section 4 of part F of chapter 58 of the laws of 2010, are
amended to read as follows:
  1. A social services official shall make  payments  for  non-recurring
guardianship  expenses  incurred  by  or  on  behalf of the relatives OR
SUCCESSOR GUARDIANS who have been approved by the social services  offi-
cial  to  receive  kinship  guardianship  assistance payments, when such
expenses are incurred in connection with assuming the guardianship of  a
foster  child OR A FORMER FOSTER CHILD IN REGARD TO SUCCESSOR GUARDIANS.
The agreement for the payment  of  non-recurring  guardianship  expenses
must be reflected in the written agreement set forth in subdivision four
of  section four hundred fifty-eight-b of this title. In accordance with
subdivision two of this section, the  payments  shall  be  made  by  the
social services official either to the relative OR SUCCESSOR guardian or
guardians  directly  or  to  an  attorney  on  behalf of the relative OR
SUCCESSOR guardian or guardians, AS APPLICABLE, for the allowable amount
of non-recurring  guardianship  expenses  incurred  in  connection  with
obtaining such guardianship.
  2.  The  amount of the payment made pursuant to this section shall not
exceed  two  thousand  dollars  for  each  foster  child  for  whom  the
relatives, OR EACH FORMER FOSTER CHILD FOR WHOM THE SUCCESSOR GUARDIANS,
seek  guardianship or permanent guardianship and shall be available only
for those expenses that are determined to be eligible for  reimbursement
by  the  social  services official in accordance with the regulations of
the office of children and family services.
  S 5. The social services law is amended by adding a new section  383-a
to read as follows:
  S  383-A.  QUALIFIED  IMMUNITY  FROM  LIABILITY FOR APPLICATION OF THE
REASONABLE AND PRUDENT PARENT STANDARD.  1. DEFINITIONS. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "CAREGIVER" SHALL MEAN A FOSTER PARENT, THE EMPLOYEE  OF  A  CHILD
CARE  FACILITY  OPERATED BY A VOLUNTARY AUTHORIZED AGENCY THAT IS DESIG-
NATED TO APPLY THE REASONABLE AND PRUDENT PARENT STANDARD,  OR  A  LOCAL
DEPARTMENT  OF  SOCIAL SERVICES OR A VOLUNTARY AUTHORIZED AGENCY THAT IS
RESPONSIBLE FOR THE CARE OF A FOSTER CHILD AT THE RELEVANT TIME.
  (B) "CHILD" SHALL MEAN A CHILD WHO IS IN FOSTER CARE  OR  WHO  WAS  IN
FOSTER CARE AT THE RELEVANT TIME.
  (C)  "CHILD CARE FACILITY" SHALL MEAN AN INSTITUTION, GROUP RESIDENCE,
GROUP HOME, AGENCY OPERATED BOARDING  HOME,  OR  SUPERVISED  INDEPENDENT
LIVING PROGRAM.
  (D) "REASONABLE AND PRUDENT PARENT STANDARD" SHALL MEAN, IN ACCORDANCE
WITH  42  U.S.C. 675 AS AMENDED BY P.L. 113-183, THE STANDARD CHARACTER-
IZED BY CAREFUL  AND  SENSIBLE  PARENTAL  DECISIONS  THAT  MAINTAIN  THE
HEALTH,  SAFETY,  AND  BEST  INTERESTS OF A CHILD WHILE AT THE SAME TIME
ENCOURAGING THE EMOTIONAL AND DEVELOPMENTAL GROWTH OF THE CHILD  THAT  A
CAREGIVER  SHALL USE WHEN DETERMINING WHETHER TO ALLOW A CHILD IN FOSTER
CARE TO PARTICIPATE IN EXTRACURRICULAR, ENRICHMENT, CULTURAL  OR  SOCIAL
ACTIVITIES.
  2.  A  CAREGIVER  SHALL  NOT  BE LIABLE FOR INJURIES TO THE CHILD THAT
OCCUR AS A RESULT OF  ACTING  IN  ACCORDANCE  WITH  THE  REASONABLE  AND
PRUDENT  PARENT  STANDARD AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE

S. 6406                            85                            A. 9006

OF THIS SECTION, UNLESS SUCH INJURIES WERE CAUSED BY GROSS NEGLIGENCE OR
WILLFUL AND WANTON MISCONDUCT ON THE PART OF SUCH CAREGIVER.
  3.  IN  DETERMINING WHETHER THE REASONABLE AND PRUDENT PARENT STANDARD
WAS APPLIED BY A CAREGIVER IN RELATION TO A PARTICULAR CHILD, ANY  GUID-
ANCE  ISSUED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OR THE UNITED
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES  IN  ACCORDANCE  WITH  42
U.S.C. 675 AS AMENDED BY P.L. 113-183, MAY BE CONSIDERED.
  S  6.  The  opening  paragraph  of  paragraph  (e) of subdivision 2 of
section 378-a of the social services law, as amended by  section  10  of
part L of chapter 56 of the laws of 2015, is amended to read as follows:
  [After]  EXCEPT  AS  SET FORTH IN PARAGRAPH (M) OF THIS SECTION, AFTER
reviewing any criminal history record information provided by the  divi-
sion  of  criminal  justice  services, the office of children and family
services shall promptly notify the  authorized  agency  or  other  state
agency that:
  S  7.  Subdivision  2  of  section 378-a of the social services law is
amended by adding a new paragraph (m) to read as follows:
  (M)(1) THE OFFICE OF CHILDREN AND FAMILY SERVICES  SHALL  NOT  RELEASE
THE  CONTENT  OF  THE  RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD
CHECK CONDUCTED BY THE FEDERAL BUREAU  OF  INVESTIGATION  IN  ACCORDANCE
WITH  THIS SUBDIVISION TO AN AUTHORIZED AGENCY, AS DEFINED IN PARAGRAPHS
(A) OR (C) OF SUBDIVISION TEN OF SECTION THREE  HUNDRED  SEVENTY-ONE  OF
THIS TITLE.
  (2)  FOR  ANY APPLICATION MADE TO SUCH AN AUTHORIZED AGENCY UNDER THIS
SUBDIVISION, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL:
  (A) REVIEW AND EVALUATE THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY
RECORD CHECK OF THE  PROSPECTIVE  FOSTER  PARENT,  PROSPECTIVE  ADOPTIVE
PARENT  AND ANY OTHER PERSON OVER THE AGE OF EIGHTEEN WHO RESIDES IN THE
HOME OF SUCH APPLICANT IN ACCORDANCE WITH THE  STANDARDS  SET  FORTH  IN
PARAGRAPH  (E)  OF  THIS SUBDIVISION RELATING TO MANDATORY DISQUALIFYING
CONVICTIONS, HOLD IN ABEYANCE CHARGES OR CONVICTIONS, AND  DISCRETIONARY
CHARGES AND CONVICTIONS; AND
  (B)  BASED  ON  THE  RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD
CHECK, INFORM SUCH AUTHORIZED AGENCY THAT THE  APPLICATION  FOR  CERTIF-
ICATION  OR APPROVAL OF THE PROSPECTIVE FOSTER PARENT OR THE PROSPECTIVE
ADOPTIVE PARENT EITHER: (I) MUST BE DENIED; (II) MUST BE HELD  IN  ABEY-
ANCE  PENDING  SUBSEQUENT  NOTIFICATION  FROM THE OFFICE OF CHILDREN AND
FAMILY SERVICES; OR  (III)  THAT  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  HAS  NO  OBJECTION,  SOLELY  BASED  ON THE NATIONWIDE CRIMINAL
HISTORY RECORD CHECK, FOR THE AUTHORIZED AGENCY TO PROCEED WITH A DETER-
MINATION ON SUCH APPLICATION BASED ON THE STANDARDS FOR CERTIFICATION OR
APPROVAL OF A PROSPECTIVE FOSTER PARENT OR PROSPECTIVE ADOPTIVE  PARENT,
AS  SET  FORTH  IN  THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES.
  (3) WHERE THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  DIRECTS  THE
AUTHORIZED AGENCY TO DENY THE APPLICATION OF A PROSPECTIVE FOSTER PARENT
OR  A PROSPECTIVE ADOPTIVE PARENT IN ACCORDANCE WITH THIS PARAGRAPH, THE
OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALSO NOTIFY THE PROSPECTIVE
FOSTER PARENT, PROSPECTIVE ADOPTIVE PARENT OR OTHER PERSON OVER THE  AGE
OF  EIGHTEEN  WHO  RESIDED  IN  THE HOME OF THE APPLICANT WHOSE CRIMINAL
HISTORY WAS THE BASIS FOR THE DENIAL.
  (4) THIS PARAGRAPH DOES  NOT  APPLY  TO  NATIONWIDE  CRIMINAL  HISTORY
RECORD CHECKS CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION ON BEHALF
OF STATE AGENCIES OR AUTHORIZED AGENCIES, AS DEFINED IN PARAGRAPH (B) OF
SUBDIVISION  TEN  OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE, OR

S. 6406                            86                            A. 9006

TO THE RESULTS OF STATEWIDE CRIMINAL HISTORY RECORD CHECKS CONDUCTED  BY
THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  S  8.  Severability.  If any clause, sentence, paragraph, subdivision,
section or part contained in any part of this act shall be  adjudged  by
any  court of competent jurisdiction to be invalid, such judgement shall
not affect, impair, or invalidate the remainder thereof,  but  shall  be
confined  in  its operation to the clause, sentence, paragraph, subdivi-
sion, section or part contained in any part thereof directly involved in
the controversy in which such judgment shall have been rendered.  It  is
hereby  declared to be the intent of the legislature that this act would
have been enacted even if such invalid provisions had not been  included
herein.
  S  9.  This  act  shall take effect immediately, provided however that
sections six and seven of this act shall take effect  on  the  ninetieth
day after it shall have become a law.

                                 PART N

  Section 1. The criminal procedure law is amended by adding a new arti-
cle 722 to read as follows:
                               ARTICLE 722
     PROCEEDINGS AGAINST JUVENILE OFFENDERS; ESTABLISHMENT OF YOUTH
                       PART AND RELATED PROCEDURES
SECTION 722.00 PROBATION CASE PLANNING AND SERVICES.
        722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
        722.20 PROCEEDINGS IN A YOUTH PART OF THE SUPERIOR COURT.
S 722.00 PROBATION CASE PLANNING AND SERVICES.
  1.  EVERY  PROBATION DEPARTMENT SHALL CONDUCT A RISK AND NEEDS ASSESS-
MENT WITH RESPECT TO ANY JUVENILE  RELEASED  ON  RECOGNIZANCE,  RELEASED
UNDER SUPERVISION, OR POSTING BAIL FOLLOWING ARRAIGNMENT BY A YOUTH PART
WITHIN  ITS  JURISDICTION.  THE  COURT  SHALL ORDER ANY SUCH JUVENILE TO
REPORT WITHIN SEVEN  CALENDAR  DAYS  TO  THE  PROBATION  DEPARTMENT  FOR
PURPOSES   OF  ASSESSMENT.  BASED  UPON  THE  ASSESSMENT  FINDINGS,  THE
PROBATION DEPARTMENT SHALL REFER THE JUVENILE TO  AVAILABLE  SPECIALIZED
AND  EVIDENCE-BASED  SERVICES  TO  MITIGATE  ANY RISKS IDENTIFIED AND TO
ADDRESS INDIVIDUAL NEEDS.
  2. ANY JUVENILE UNDERGOING  SERVICES  SHALL  EXECUTE  APPROPRIATE  AND
NECESSARY  CONSENT FORMS, WHERE APPLICABLE, TO ENSURE THAT THE PROBATION
DEPARTMENT  MAY  COMMUNICATE  WITH  ANY  SERVICE  PROVIDER  AND  RECEIVE
PROGRESS  REPORTS  WITH  RESPECT  TO  SERVICES  OFFERED AND/OR DELIVERED
INCLUDING, BUT NOT LIMITED TO,  DIAGNOSIS,  TREATMENT,  PROGNOSIS,  TEST
RESULTS,  JUVENILE ATTENDANCE AND INFORMATION REGARDING JUVENILE COMPLI-
ANCE OR NONCOMPLIANCE WITH PROGRAM SERVICE REQUIREMENTS, IF ANY.
  3. NOTHING SHALL PRECLUDE THE PROBATION DEPARTMENT AND  JUVENILE  FROM
ENTERING  INTO  A  VOLUNTARY  WRITTEN/FORMAL  CASE  PLAN AS TO TERMS AND
CONDITIONS TO BE MET, INCLUDING, BUT NOT LIMITED TO,  REPORTING  TO  THE
PROBATION DEPARTMENT AND OTHER PROBATION DEPARTMENT CONTACTS, UNDERGOING
ALCOHOL,  SUBSTANCE  ABUSE,  OR  MENTAL HEALTH TESTING, PARTICIPATING IN
SPECIFIC SERVICES, ADHERING TO SERVICE PROGRAM REQUIREMENTS, AND  SCHOOL
ATTENDANCE,   WHERE  APPLICABLE.  FOLLOWING  THE  JUVENILE'S  SUCCESSFUL
COMPLETION OF THE CONDITIONS OF HIS OR HER CASE PLAN,  THE  COURT,  WITH
THE  CONSENT  OF THE DISTRICT ATTORNEY MAY DISMISS THE INDICTMENT OR ANY
COUNT THEREOF IN ACCORDANCE WITH SECTION 210.40 OF THIS CHAPTER.
  4. WHEN PREPARING A PRE-SENTENCE  INVESTIGATION  REPORT  OF  ANY  SUCH
YOUTH,  THE  PROBATION  DEPARTMENT  SHALL  INCORPORATE  A SUMMARY OF THE

S. 6406                            87                            A. 9006

ASSESSMENT FINDINGS, ANY REFERRALS AND PROGRESS WITH RESPECT TO MITIGAT-
ING RISK AND ADDRESSING ANY IDENTIFIED JUVENILE NEEDS.
S 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
  THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTABLISH,
IN  A SUPERIOR COURT IN EACH COUNTY OF THE STATE THAT EXERCISES CRIMINAL
JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH PART OF THE SUPE-
RIOR COURT FOR THE COUNTY IN WHICH SUCH COURT PRESIDES.  JUDGES  PRESID-
ING  IN  THE  YOUTH  PART  SHALL  RECEIVE TRAINING IN SPECIALIZED AREAS,
INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT  DEVELOPMENT
AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMISSION BY ADOLES-
CENTS.   THE  YOUTH  PART  SHALL  HAVE  EXCLUSIVE  JURISDICTION  OF  ALL
PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS,  EXCEPT  AS  PROVIDED  IN
SECTION 180.75 OF THIS CHAPTER.
S 722.20 PROCEEDINGS IN A YOUTH PART OF THE SUPERIOR COURT.
  1.  WHEN  A  JUVENILE  OFFENDER  IS ARRAIGNED BEFORE A YOUTH PART, THE
PROVISIONS OF THIS SECTION SHALL APPLY. IF THE  YOUTH  PART  IS  NOT  IN
SESSION,  THE  DEFENDANT  SHALL  BE  BROUGHT  BEFORE THE MOST ACCESSIBLE
MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT  TO
ACT  AS  A  YOUTH PART FOR THE PURPOSE OF MAKING A DETERMINATION WHETHER
SUCH JUVENILE SHALL BE DETAINED. IF  THE  DEFENDANT  IS  ORDERED  TO  BE
DETAINED,  HE  OR  SHE  SHALL  BE BROUGHT BEFORE THE NEXT SESSION OF THE
YOUTH PART. IF THE DEFENDANT IS NOT DETAINED, HE OR SHE SHALL BE ORDERED
TO APPEAR AT THE NEXT SESSION OF THE YOUTH PART.
  2. IF THE DEFENDANT WAIVES A HEARING UPON THE  FELONY  COMPLAINT,  THE
COURT  MUST ORDER THAT THE DEFENDANT BE HELD FOR THE ACTION OF THE GRAND
JURY WITH RESPECT TO THE CHARGE  OR  CHARGES  CONTAINED  IN  THE  FELONY
COMPLAINT.
  3.  IF  THERE BE A HEARING, THEN AT THE CONCLUSION OF THE HEARING, THE
COURT MUST DISPOSE OF THE FELONY COMPLAINT AS FOLLOWS:
  (A) IF THERE IS A REASONABLE  CAUSE  TO  BELIEVE  THAT  THE  DEFENDANT
COMMITTED  A  CRIME  FOR  WHICH  A PERSON UNDER THE AGE OF SEVENTEEN, OR
COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON UNDER THE  AGE
OF  EIGHTEEN  IS  CRIMINALLY  RESPONSIBLE, THE COURT MUST ORDER THAT THE
DEFENDANT BE HELD FOR THE ACTION OF A GRAND JURY; OR
  (B) IF THERE IS NOT REASONABLE CAUSE TO  BELIEVE  THAT  THE  DEFENDANT
COMMITTED  A  CRIME  FOR  WHICH  A PERSON UNDER THE AGE OF SEVENTEEN, OR
COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON UNDER THE  AGE
OF  EIGHTEEN  IS CRIMINALLY RESPONSIBLE BUT THERE IS REASONABLE CAUSE TO
BELIEVE THAT THE DEFENDANT IS A  "JUVENILE  DELINQUENT"  AS  DEFINED  IN
SUBDIVISION ONE OF SECTION 301.2 OF THE FAMILY COURT ACT, THE COURT MUST
SPECIFY THE ACT OR ACTS IT FOUND REASONABLE CAUSE TO BELIEVE THE DEFEND-
ANT  DID  AND  DIRECT  THAT THE ACTION BE REMOVED TO THE FAMILY COURT IN
ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVEN HUNDRED  TWENTY-FIVE  OF
THIS TITLE; OR
  (C)  IF  THERE  IS  NOT REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT
COMMITTED ANY CRIMINAL ACT, THE COURT MUST DISMISS THE FELONY  COMPLAINT
AND  DISCHARGE THE DEFENDANT FROM CUSTODY IF HE OR SHE IS IN CUSTODY, OR
IF HE OR SHE IS AT LIBERTY ON BAIL, IT MUST EXONERATE THE BAIL.
  4.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
SECTION,  A YOUTH PART SHALL, WITH THE CONSENT OF THE DISTRICT ATTORNEY,
(A) ORDER REMOVAL OF AN ACTION AGAINST A JUVENILE  OFFENDER  ACCUSED  OF
ROBBERY  IN  THE  SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION
160.10 OF THE PENAL LAW AND A JUVENILE OFFENDER ACCUSED OF COMMITTING  A
VIOLENT  FELONY  OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL LAW AT
AGE SIXTEEN, OR AFTER JANUARY  FIRST,  TWO  THOUSAND  NINETEEN,  AT  AGE
SIXTEEN  OR  SEVENTEEN,  FOR WHICH A YOUTH AGE FIFTEEN OR YOUNGER IS NOT

S. 6406                            88                            A. 9006

CRIMINALLY RESPONSIBLE, TO THE FAMILY COURT PURSUANT TO  THE  PROVISIONS
OF  ARTICLE  SEVEN HUNDRED TWENTY-FIVE OF THIS TITLE IF, AFTER CONSIDER-
ATION OF THE FACTORS SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION, THE
COURT  DETERMINES  THAT  TO  DO SO WOULD BE IN THE INTERESTS OF JUSTICE.
PROVIDED, HOWEVER, THAT THE COURT SHALL FIND THAT SUCH REMOVAL IS NOT IN
THE INTERESTS OF JUSTICE IF THE YOUTH PLAYED A PRIMARY ROLE  IN  COMMIS-
SION OF THE CRIME OR AGGRAVATING CIRCUMSTANCES, INCLUDING BUT NOT LIMIT-
ED TO THE YOUTH'S USE OF A WEAPON, ARE PRESENT.
  (B)  AT  THE  REQUEST  OF  THE  DISTRICT ATTORNEY, ORDER REMOVAL OF AN
ACTION AGAINST A JUVENILE OFFENDER, OTHER  THAN  AN  ACTION  SUBJECT  TO
PARAGRAPH  (A)  OF THIS SUBDIVISION, TO THE FAMILY COURT PURSUANT TO THE
PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS TITLE  IF,  UPON
CONSIDERATION  OF THE CRITERIA SET FORTH IN PARAGRAPH (C) OF THIS SUBDI-
VISION, IT IS DETERMINED THAT TO DO SO WOULD  BE  IN  THE  INTERESTS  OF
JUSTICE.  WHERE,  HOWEVER,  THE  FELONY  COMPLAINT  CHARGES THE JUVENILE
OFFENDER CHARGED WITH MURDER IN THE SECOND DEGREE AS DEFINED IN  SECTION
125.25  OF THE PENAL LAW; RAPE IN THE FIRST DEGREE, AS DEFINED IN SUBDI-
VISION ONE OF SECTION 130.35 OF THE PENAL LAW; CRIMINAL  SEXUAL  ACT  IN
THE FIRST DEGREE, AS DEFINED IN SUBDIVISION ONE OF SECTION 130.50 OF THE
PENAL  LAW; COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE
AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 130.75 OF  THE
PENAL  LAW; PREDATORY SEXUAL ASSAULT AS DEFINED IN SECTION 130.95 OF THE
PENAL LAW WHERE THE UNDERLYING CRIME IS RAPE IN  THE  FIRST  DEGREE,  AS
DEFINED  IN SUBDIVISION ONE OF SECTION 130.35 OF THE PENAL LAW OR CRIMI-
NAL SEXUAL ACT IN THE FIRST DEGREE, AS DEFINED  IN  SUBDIVISION  ONE  OF
SECTION  130.50 OF THE PENAL LAW; OR AN ARMED FELONY AS DEFINED IN PARA-
GRAPH (A) OF SUBDIVISION FORTY-ONE OF SECTION 1.20 OF  THIS  CHAPTER,  A
DETERMINATION  THAT SUCH ACTION BE REMOVED TO THE FAMILY COURT SHALL, IN
ADDITION, BE BASED UPON A FINDING  OF  ONE  OR  MORE  OF  THE  FOLLOWING
FACTORS: (I) MITIGATING CIRCUMSTANCES THAT BEAR DIRECTLY UPON THE MANNER
IN  WHICH  THE CRIME WAS COMMITTED; (II) WHERE THE DEFENDANT WAS NOT THE
SOLE PARTICIPANT IN THE CRIME, THE DEFENDANT'S PARTICIPATION  WAS  RELA-
TIVELY  MINOR  ALTHOUGH  NOT  SO MINOR AS TO CONSTITUTE A DEFENSE TO THE
PROSECUTION; OR (III) POSSIBLE DEFICIENCIES IN THE PROOF OF THE CRIME.
  (C) IN MAKING ITS DETERMINATION PURSUANT  TO  PARAGRAPH  (A)  OF  THIS
SUBDIVISION  THE COURT SHALL, TO THE EXTENT APPLICABLE, EXAMINE INDIVID-
UALLY AND COLLECTIVELY, THE FOLLOWING:
  (I) THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE;
  (II) THE EXTENT OF HARM CAUSED BY THE OFFENSE;
  (III) THE EVIDENCE OF GUILT, WHETHER  ADMISSIBLE  OR  INADMISSIBLE  AT
TRIAL;
  (IV) THE HISTORY, CHARACTER AND CONDITION OF THE DEFENDANT;
  (V)  THE  PURPOSE AND EFFECT OF IMPOSING UPON THE DEFENDANT A SENTENCE
AUTHORIZED FOR THE OFFENSE;
  (VI) THE IMPACT OF A REMOVAL OF THE CASE TO THE FAMILY  COURT  ON  THE
SAFETY OR WELFARE OF THE COMMUNITY;
  (VII) THE IMPACT OF A REMOVAL OF THE CASE TO THE FAMILY COURT UPON THE
CONFIDENCE OF THE PUBLIC IN THE CRIMINAL JUSTICE SYSTEM;
  (VIII)  WHERE  THE  COURT  DEEMS  IT  APPROPRIATE, THE ATTITUDE OF THE
COMPLAINANT OR VICTIM WITH RESPECT TO THE MOTION; AND
  (IX) ANY OTHER RELEVANT FACT INDICATING THAT A JUDGMENT OF  CONVICTION
IN THE CRIMINAL COURT WOULD SERVE NO USEFUL PURPOSE.
  (D)  FOR  THE  PURPOSE OF MAKING A DETERMINATION WHETHER TO REMOVE THE
CASE TO FAMILY COURT PURSUANT TO THIS SUBDIVISION, ANY EVIDENCE WHICH IS
NOT LEGALLY PRIVILEGED MAY BE INTRODUCED. IF  THE  DEFENDANT  TESTIFIES,
HIS  OR  HER  TESTIMONY  MAY NOT BE INTRODUCED AGAINST HIM OR HER IN ANY

S. 6406                            89                            A. 9006

FUTURE PROCEEDING, EXCEPT TO IMPEACH HIS OR HER TESTIMONY AT SUCH FUTURE
PROCEEDING AS INCONSISTENT PRIOR TESTIMONY.
  (E)  THIS  SECTION  SHALL  NOT BE CONSTRUED TO LIMIT THE POWERS OF THE
GRAND JURY.
  S 2. The opening paragraph and subdivisions 2 and 3 of section  725.05
of  the  criminal  procedure law, as added by chapter 481 of the laws of
1978, are amended to read as follows:
  When a [court] YOUTH PART directs that an action or charge  is  to  be
removed  to  the family court the [court] YOUTH PART must issue an order
of removal in accordance with this section.    Such  order  must  be  as
follows:
  2.    Where  the  direction is authorized pursuant to paragraph (b) of
subdivision [three] TWO of section [180.75]  725.20  of  this  [chapter]
TITLE,  it  must  specify  the  act or acts it found reasonable cause to
believe the defendant did.
  3.  Where the direction is authorized pursuant to  subdivision  [four]
THREE of section [180.75] 725.20 of this [chapter] TITLE, it must speci-
fy the act or acts it found reasonable cause to allege.
  S 3. Section 725.20 of the criminal procedure law, as added by chapter
481  of the laws of 1978, subdivisions 1 and 2 as amended by chapter 411
of the laws of 1979, is amended to read as follows:
S 725.20  Record of certain actions removed.
  1.  The provisions of this section shall apply in any  case  where  an
order  of removal to the family court is entered pursuant to a direction
authorized by subdivision [four] THREE of  THIS  section  [180.75],  [or
section  210.43,] or subparagraph (iii) of paragraph [(h)] (G) of subdi-
vision five of section 220.10 of this chapter, or section 330.25 of this
chapter.
  2.  When such an action is removed the court that directed the removal
must cause the following additional records to be filed with  the  clerk
of  the  county  court  or in the city of New York with the clerk of the
supreme court of the county wherein the action was pending and with  the
division of criminal justice services:
  (a) A certified copy of the order of removal;
  (b)  [Where  the  direction  is  one authorized by subdivision four of
section 180.75 of this chapter, a copy of the statement of the  district
attorney  made  pursuant  to paragraph (b) of subdivision six of section
180.75 of this chapter;
  (c)  Where the direction is authorized by section 180.75,  a  copy  of
the  portion of the minutes containing the statement by the court pursu-
ant to paragraph (a) of subdivision six of such section 180.75;
  (d)] Where the direction is one authorized by  subparagraph  (iii)  of
paragraph  [(h)]  (G)  of  subdivision five of section 220.10 or section
330.25 of this chapter, a copy of the minutes of  the  plea  of  guilty,
including the minutes of the memorandum submitted by the district attor-
ney and the court;
  [(e)    Where  the  direction  is one authorized by subdivision one of
section 210.43 of this chapter, a copy of that portion  of  the  minutes
containing  the  statement  by  the  court  pursuant to paragraph (a) of
subdivision five of section 210.43;
  (f)  Where the direction is one authorized by paragraph (b) of  subdi-
vision  one of section 210.43 of this chapter, a copy of that portion of
the minutes containing the  statement  of  the  district  attorney  made
pursuant to paragraph (b) of subdivision five of section 210.43;] and
  [(g)]  (C)  In  addition to the records specified in this subdivision,
such further statement or submission of additional information  pertain-

S. 6406                            90                            A. 9006

ing  to  the  proceeding  in criminal court in accordance with standards
established by the commissioner of  the  division  of  criminal  justice
services,  subject  to  the  provisions  of  subdivision  three  of this
section.
  3.  It shall be the duty of said clerk to maintain a separate file for
copies  of  orders  and  minutes filed pursuant to this section.    Upon
receipt of such orders and minutes the clerk must promptly  delete  such
portions  as would identify the defendant, but the clerk shall neverthe-
less maintain a separate confidential system to  enable  correlation  of
the  documents  so  filed  with identification of the defendant.   After
making such deletions the orders and minutes shall be placed within  the
file  and  must be available for public inspection.  Information permit-
ting correlation of any such record with the identity of  any  defendant
shall  not  be  divulged to any person except upon order of a justice of
the supreme court based upon a finding that the public interest  or  the
interests  of  justice  warrant  disclosure  in a particular cause for a
particular case or for a particular purpose or use.
  S 4. The article heading of article 100 of the criminal procedure  law
is amended to read as follows:
                     COMMENCEMENT OF ACTION IN LOCAL
        CRIMINAL COURT OR YOUTH PART OF A SUPERIOR COURT--[LOCAL
                 CRIMINAL COURT] ACCUSATORY INSTRUMENTS
  S  5. The first undesignated paragraph of section 100.05 of the crimi-
nal procedure law is amended to read as follows:
  A criminal action is commenced by the filing of an accusatory  instru-
ment  with a criminal court, OR, IN THE CASE OF A JUVENILE OFFENDER, THE
YOUTH PART OF THE SUPERIOR COURT, and if more than one  such  instrument
is  filed  in  the  course  of  the  same  criminal  action, such action
commences when the first of such instruments is filed.  The only way  in
which a criminal action can be commenced in a superior court, OTHER THAN
A  CRIMINAL  ACTION AGAINST A JUVENILE OFFENDER, is by the filing there-
with by a grand jury of an indictment against a defendant who has  never
been  held  by  a local criminal court for the action of such grand jury
with respect to any charge contained in such indictment.   Otherwise,  a
criminal  action can be commenced only in a local criminal court, by the
filing therewith of a local criminal court accusatory instrument,  name-
ly:
  S  6.  The  section heading and subdivision 5 of section 100.10 of the
criminal procedure law are amended to read as follows:
  Local criminal court AND YOUTH PART OF THE SUPERIOR  COURT  accusatory
instruments; definitions thereof.
  5.  A "felony complaint" is a verified written accusation by a person,
filed  with a local criminal court, OR YOUTH PART OF THE SUPERIOR COURT,
charging one or more other persons with the commission of  one  or  more
felonies.    It  serves  as  a  basis for the commencement of a criminal
action, but not as a basis for prosecution thereof.
  S 7. The section heading of section 100.40 of the  criminal  procedure
law is amended to read as follows:
  Local  criminal  court AND YOUTH PART OF THE SUPERIOR COURT accusatory
instruments; sufficiency on face.
  S 8. The criminal procedure law is amended by  adding  a  new  section
100.60 to read as follows:
S  100.60  YOUTH  PART  OF THE SUPERIOR COURT ACCUSATORY INSTRUMENTS; IN
           WHAT COURTS FILED.
  ANY YOUTH PART OF THE SUPERIOR  COURT  ACCUSATORY  INSTRUMENT  MAY  BE
FILED  WITH  THE YOUTH PART OF THE SUPERIOR COURT OF A PARTICULAR COUNTY

S. 6406                            91                            A. 9006

WHEN AN OFFENSE CHARGED THEREIN WAS ALLEGEDLY COMMITTED IN  SUCH  COUNTY
OR THAT PART THEREOF OVER WHICH SUCH COURT HAS JURISDICTION.
  S  9. The article heading of article 110 of the criminal procedure law
is amended to read as follows:
                    REQUIRING DEFENDANT'S APPEARANCE
         IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT
                             FOR ARRAIGNMENT
  S 10. Section 110.10 of the criminal procedure law is amended to  read
as follows:
S  110.10  Methods of requiring defendant's appearance in local criminal
             court OR YOUTH PART OF THE SUPERIOR COURT for  arraignment;
             in general.
  1.  After  a  criminal  action  has been commenced in a local criminal
court OR YOUTH PART OF THE SUPERIOR COURT by the filing of an accusatory
instrument therewith, a defendant who has  not  been  arraigned  in  the
action and has not come under the control of the court may under certain
circumstances  be  compelled  or required to appear for arraignment upon
such accusatory instrument by:
  (a)  The issuance and execution of a warrant of arrest, as provided in
article one hundred twenty; or
  (b)  The issuance and service upon him of a summons,  as  provided  in
article one hundred thirty; or
  (c)   Procedures provided in articles five hundred sixty, five hundred
seventy, five hundred eighty, five hundred ninety and  six  hundred  for
securing  attendance  of  defendants  in criminal actions who are not at
liberty within the state.
  2.  Although no criminal action against a person has been commenced in
any court, he may under certain circumstances be compelled  or  required
to  appear  in  a local criminal court OR YOUTH PART OF A SUPERIOR COURT
for arraignment upon an accusatory instrument to be filed  therewith  at
or before the time of his appearance by:
  (a)    An  arrest  made  without a warrant, as provided in article one
hundred forty; or
  (b)  The issuance and service upon him of  an  appearance  ticket,  as
provided in article one hundred fifty.
  S  11.  Section  110.20  of  the criminal procedure law, as amended by
chapter 843 of the laws of 1980, is amended to read as follows:
S 110.20  Local criminal court OR YOUTH PART OF THE SUPERIOR COURT accu-
             satory instruments; notice thereof to district attorney.
  When a criminal action in which a crime is charged is commenced  in  a
local criminal court, OR YOUTH PART OF THE SUPERIOR COURT other than the
criminal court of the city of New York, a copy of the accusatory instru-
ment  shall be promptly transmitted to the appropriate district attorney
upon or prior to the arraignment of  the  defendant  on  the  accusatory
instrument.    If a police officer or a peace officer is the complainant
or the filer of a simplified information, or has arrested the  defendant
or  brought  him  before  the  local criminal court OR YOUTH PART OF THE
SUPERIOR COURT on behalf of an arresting person pursuant to  subdivision
one  of  section  140.20,  such officer or his agency shall transmit the
copy of the accusatory instrument to the appropriate district  attorney.
In  all  other  cases,  the clerk of the court in which the defendant is
arraigned shall so transmit it.
  S 12. The opening paragraph of subdivision 1 of section 120.20 of  the
criminal  procedure  law, as amended by chapter 506 of the laws of 2000,
is amended to read as follows:

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  When a criminal action has been commenced in a local criminal court OR
YOUTH PART OF THE SUPERIOR COURT by the filing therewith of an accusato-
ry instrument, other than a simplified traffic  information,  against  a
defendant who has not been arraigned upon such accusatory instrument and
has not come under the control of the court with respect thereto:
  S  13. Section 120.30 of the criminal procedure law is amended to read
as follows:
S 120.30  Warrant of arrest; by what courts issuable and in what  courts
             returnable.
  1.  A warrant of arrest may be issued only by the local criminal court
OR YOUTH PART OF THE SUPERIOR COURT with which the underlying accusatory
instrument has been filed, and it may be made returnable in such issuing
court only.
  2.  The particular local criminal court or courts OR YOUTH PART OF THE
SUPERIOR  COURT  with which any particular local criminal court OR YOUTH
PART OF THE SUPERIOR COURT accusatory instrument may be  filed  for  the
purpose  of  obtaining a warrant of arrest are determined, generally, by
the provisions of section 100.55 OR 100.60.  If, however,  a  particular
accusatory  instrument may pursuant to said section 100.55 be filed with
a particular town court and such town court is not available at the time
such instrument is sought to be filed and a warrant obtained, such accu-
satory instrument may be filed with the town court of any adjoining town
of the same county.  If such instrument may be filed  pursuant  to  said
section 100.55 with a particular village court and such village court is
not  available  at  the time, it may be filed with the town court of the
town embracing such village, or if such  town  court  is  not  available
either, with the town court of any adjoining town of the same county.
  S  14.  Section  120.55  of  the criminal procedure law, as amended by
section 71 of subpart B of part C of chapter 62 of the laws of 2011,  is
amended to read as follows:
S 120.55   Warrant of arrest; defendant under parole or probation super-
             vision.
  If the defendant named within a warrant of arrest issued  by  a  local
criminal  court  OR  YOUTH  PART  OF  THE SUPERIOR COURT pursuant to the
provisions of this article, or by a superior court  issued  pursuant  to
subdivision three of section 210.10 of this chapter, is under the super-
vision  of the state department of corrections and community supervision
or a local or state probation department, then a warrant for his or  her
arrest  may  be  executed by a parole officer or probation officer, when
authorized by his or her probation director, within his or her geograph-
ical area of employment.  The execution of the warrant by a parole offi-
cer or probation officer shall be upon the same conditions and conducted
in the same manner as provided for execution of a warrant  by  a  police
officer.
  S 15. Subdivision 1 of section 120.70 of the criminal procedure law is
amended to read as follows:
  1.    A  warrant of arrest issued by a district court, by the New York
City criminal court, THE YOUTH PART OF A SUPERIOR COURT or by a superior
court judge sitting as a local criminal court may be  executed  anywhere
in the state.
  S 16. Subdivisions 1 and 6 of section 120.90 of the criminal procedure
law,  as  amended  by chapter 424 of the laws of 1998, are amended and a
new subdivision 5-a is added to read as follows:
  1.  Upon arresting a defendant for any offense pursuant to  a  warrant
of  arrest  in  the  county in which the warrant is returnable or in any
adjoining county, or upon so arresting him for a  felony  in  any  other

S. 6406                            93                            A. 9006

county, a police officer, if he be one to whom the warrant is addressed,
must  without  unnecessary  delay  bring  the defendant before the local
criminal court OR YOUTH PART OF THE SUPERIOR COURT in which such warrant
is returnable.
  5-A.  WHENEVER A POLICE OFFICER IS REQUIRED, PURSUANT TO THIS SECTION,
TO BRING AN ARRESTED DEFENDANT BEFORE A YOUTH PART OF A  SUPERIOR  COURT
IN  WHICH  A  WARRANT  OF ARREST IS RETURNABLE, AND IF SUCH COURT IS NOT
AVAILABLE AT THE TIME, SUCH OFFICER MUST BRING SUCH DEFENDANT BEFORE THE
MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION  OF  THE
SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
  6.   Before bringing a defendant arrested pursuant to a warrant before
the local criminal court OR YOUTH PART OF A SUPERIOR COURT in which such
warrant is returnable, a police officer must without  unnecessary  delay
perform  all fingerprinting and other preliminary police duties required
in the particular case. In any  case  in  which  the  defendant  is  not
brought  by a police officer before such court but, following his arrest
in another county for an offense specified in subdivision one of section
160.10, is released by a local criminal court of such  other  county  on
his  own  recognizance or on bail for his appearance on a specified date
before the local criminal court before which the warrant is  returnable,
the  latter  court  must,  upon  arraignment of the defendant before it,
direct that he be fingerprinted by the appropriate  officer  or  agency,
and  that he appear at an appropriate designated time and place for such
purpose.
  S 17. Subdivision 1 of section 130.10 of the criminal  procedure  law,
as  amended  by  chapter  446 of the laws of 1993, is amended to read as
follows:
  1. A summons is a process issued by a local criminal court directing a
defendant designated in an information, a  prosecutor's  information,  a
felony  complaint or a misdemeanor complaint filed with such court, OR A
YOUTH PART OF A SUPERIOR COURT DIRECTING A  DEFENDANT  DESIGNATED  IN  A
FELONY  COMPLAINT,  or  by a superior court directing a defendant desig-
nated in an indictment filed with such court, to appear before it  at  a
designated  future  time  in connection with such accusatory instrument.
The sole function of a summons is to achieve a defendant's court appear-
ance in a criminal action for the purpose of arraignment upon the  accu-
satory instrument by which such action was commenced.
  S  18.  Section  130.30  of  the criminal procedure law, as amended by
chapter 506 of the laws of 2000, is amended to read as follows:
S 130.30 Summons; when issuable.
  A local criminal court OR YOUTH PART OF THE SUPERIOR COURT may issue a
summons in any case in which, pursuant to section 120.20, it is  author-
ized  to  issue  a  warrant  of  arrest  based  upon  an  information, a
prosecutor's information, a felony complaint or a misdemeanor complaint.
If such  information,  prosecutor's  information,  felony  complaint  or
misdemeanor  complaint  is  not  sufficient on its face as prescribed in
section 100.40, and if the court is satisfied that on the basis  of  the
available  facts  or evidence it would be impossible to draw and file an
authorized accusatory instrument that is sufficient  on  its  face,  the
court must dismiss the accusatory instrument. A superior court may issue
a  summons  in  any  case  in  which,  pursuant to section 210.10, it is
authorized to issue a warrant of arrest based upon an indictment.
  S 19. Subdivision 1 of section 140.20 of the criminal procedure law is
amended by adding a new paragraph (e) to read as follows:
  (E) IF THE ARREST IS FOR A PERSON  UNDER  THE  AGE  OF  SEVENTEEN  OR,
COMMENCING  JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON UNDER THE AGE

S. 6406                            94                            A. 9006

OF EIGHTEEN, SUCH PERSON SHALL BE BROUGHT BEFORE THE YOUTH PART  OF  THE
SUPERIOR  COURT.  IF THE YOUTH PART IS NOT IN SESSION, SUCH PERSON SHALL
BE BROUGHT BEFORE THE  MOST  ACCESSIBLE  MAGISTRATE  DESIGNATED  BY  THE
APPELLATE  DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO
ACT AS A YOUTH PART.
  S 20. Subdivision 6 of section 140.20 of the criminal  procedure  law,
as  added  by  chapter  411  of  the laws of 1979, is amended to read as
follows:
  6. Upon arresting a juvenile offender without a  warrant,  the  police
officer  shall  immediately  notify  the  parent or other person legally
responsible for his OR HER care or the person with whom  he  OR  SHE  is
domiciled,  that  the  juvenile  offender  has  been  arrested,  and the
location of the facility where he OR SHE is being detained. IF THE OFFI-
CER DETERMINES THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR A
CHILD UNDER EIGHTEEN YEARS OF AGE WHO FITS WITHIN THE  DEFINITION  OF  A
JUVENILE  OFFENDER  AS  DEFINED  IN  SECTION 30.00 OF THE PENAL LAW, THE
OFFICER MUST TAKE THE JUVENILE TO A FACILITY  DESIGNATED  BY  THE  CHIEF
ADMINISTRATOR  OF  THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF
CHILDREN OR, UPON THE CONSENT  OF  A  PARENT  OR  OTHER  PERSON  LEGALLY
RESPONSIBLE  FOR  THE  CARE OF THE JUVENILE, TO THE JUVENILE'S RESIDENCE
AND THERE QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME.  A  JUVE-
NILE  SHALL  NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS THE JUVE-
NILE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS  SUBDIVISION,
IF PRESENT, HAVE BEEN ADVISED:
  (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
  (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
LAW;
  (C)  OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
TIONING; AND
  (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED  FOR  HIM  OR
HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
  IN  DETERMINING  THE  SUITABILITY  OF  QUESTIONING AND DETERMINING THE
REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER,  THE
JUVENILE'S  AGE,  THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION  PURSU-
ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
  S  21.  Subdivision 2 of section 140.27 of the criminal procedure law,
as amended by chapter 843 of the laws of 1980, is  amended  to  read  as
follows:
  2.  Upon arresting a person without a warrant, a peace officer, except
as  otherwise  provided  in  subdivision  three OR THREE-A, must without
unnecessary delay bring him or cause him to be brought  before  a  local
criminal  court,  as  provided  in section 100.55 and subdivision one of
section 140.20, and must without unnecessary delay file or cause  to  be
filed  therewith  an  appropriate accusatory instrument.  If the offense
which is the subject of the arrest is one of those specified in subdivi-
sion one of section 160.10, the arrested person  must  be  fingerprinted
and  photographed as therein provided.  In order to execute the required
post-arrest functions, such arresting peace  officer  may  perform  such
functions  himself  or he may enlist the aid of a police officer for the
performance thereof in the manner provided in subdivision one of section
140.20.
  S 22. Section 140.27 of the  criminal  procedure  law  is  amended  by
adding a new subdivision 3-a to read as follows:
  3-A.  IF  THE  ARREST  IS  FOR A PERSON UNDER THE AGE OF SEVENTEEN OR,
COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON UNDER THE  AGE

S. 6406                            95                            A. 9006

OF  EIGHTEEN,  SUCH PERSON SHALL BE BROUGHT BEFORE THE YOUTH PART OF THE
SUPERIOR COURT. IF THE YOUTH PART IS NOT IN SESSION, SUCH  PERSON  SHALL
BE  BROUGHT  BEFORE  THE  MOST  ACCESSIBLE  MAGISTRATE DESIGNATED BY THE
APPELLATE  DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO
ACT AS A YOUTH PART.
  S 23. Subdivision 5 of section 140.27 of the criminal  procedure  law,
as  added  by  chapter  411  of  the laws of 1979, is amended to read as
follows:
  5.  Upon arresting a juvenile offender without a  warrant,  the  peace
officer  shall  immediately  notify  the  parent or other person legally
responsible for his care or the person with whom he OR SHE is domiciled,
that the juvenile offender has been arrested, and the  location  of  the
facility  where  he OR SHE is being detained.  IF THE OFFICER DETERMINES
THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR  A  CHILD  UNDER
EIGHTEEN  YEARS  OF  AGE  WHO  FITS  WITHIN THE DEFINITION OF A JUVENILE
OFFENDER AS DEFINED IN SECTION 30.00 OF THE PENAL LAW THE  OFFICER  MUST
TAKE THE JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF
THE  COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF CHILDREN OR, UPON
THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE
OF THE JUVENILE, TO THE JUVENILE'S RESIDENCE AND THERE QUESTION  HIM  OR
HER  FOR A REASONABLE PERIOD OF TIME. A JUVENILE SHALL NOT BE QUESTIONED
PURSUANT TO THIS SECTION UNLESS THE JUVENILE AND A PERSON REQUIRED TO BE
NOTIFIED PURSUANT TO THIS SUBDIVISION, IF PRESENT, HAVE BEEN ADVISED:
  (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
  (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
LAW;
  (C) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH  QUES-
TIONING; AND
  (D)  OF  THE  JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED FOR HIM OR
HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
  IN DETERMINING THE SUITABILITY  OF  QUESTIONING  AND  DETERMINING  THE
REASONABLE  PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER, THE
JUVENILE'S AGE, THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS  OR  OTHER
PERSONS  LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION PURSU-
ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
  S 24. Subdivision 5 of section 140.40 of the criminal  procedure  law,
as  added  by  chapter  411  of  the laws of 1979, is amended to read as
follows:
  5.   If a police officer takes  an  arrested  juvenile  offender  into
custody, the police officer shall immediately notify the parent or other
person  legally  responsible for his OR HER care or the person with whom
he OR SHE is domiciled, that the juvenile offender  has  been  arrested,
and  the location of the facility where he OR SHE is being detained.  IF
THE OFFICER DETERMINES THAT IT  IS  NECESSARY  TO  QUESTION  A  JUVENILE
OFFENDER  OR  A  CHILD  UNDER  EIGHTEEN YEARS OF AGE WHO FITS WITHIN THE
DEFINITION OF A JUVENILE OFFENDER AS DEFINED IN  SECTION  30.00  OF  THE
PENAL LAW THE OFFICER MUST TAKE THE JUVENILE TO A FACILITY DESIGNATED BY
THE  CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE QUES-
TIONING OF CHILDREN OR, UPON THE CONSENT OF A  PARENT  OR  OTHER  PERSON
LEGALLY  RESPONSIBLE  FOR  THE  CARE  OF THE JUVENILE, TO THE JUVENILE'S
RESIDENCE AND THERE QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME.
A JUVENILE SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION  UNLESS  THE
JUVENILE  AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS SUBDIVI-
SION, IF PRESENT, HAVE BEEN ADVISED:
  (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;

S. 6406                            96                            A. 9006

  (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
LAW;
  (C)  OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
TIONING; AND
  (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED  FOR  HIM  OR
HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
  IN  DETERMINING  THE  SUITABILITY  OF  QUESTIONING AND DETERMINING THE
REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER,  THE
JUVENILE'S  AGE,  THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION  PURSU-
ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
  S  25. Subdivisions 2, 3, 4, 5 and 6 of section 180.75 of the criminal
procedure law are REPEALED.
  S 26. Subdivision 1 of section 180.75 of the criminal  procedure  law,
as  added  by  chapter  481  of  the laws of 1978, is amended to read as
follows:
  1. When a juvenile offender is  arraigned  before  [a  local  criminal
court]  THE  YOUTH  PART  OF  A  SUPERIOR COURT, the provisions of [this
section] ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER shall apply in
lieu of the provisions of sections 180.30, 180.50  and  180.70  of  this
article.
  S  27.  The opening paragraph of section 180.80 of the criminal proce-
dure law, as amended by chapter 556 of the laws of 1982, is  amended  to
read as follows:
  Upon  application  of  a defendant against whom a felony complaint has
been filed with a local criminal court OR THE YOUTH PART OF  A  SUPERIOR
COURT,  and who, since the time of his arrest or subsequent thereto, has
been held in custody pending disposition of such felony  complaint,  and
who  has  been  confined  in  such custody for a period of more than one
hundred twenty hours or, in the event that a Saturday, Sunday  or  legal
holiday  occurs during such custody, one hundred forty-four hours, with-
out either a disposition of the felony complaint or  commencement  of  a
hearing  thereon, the [local criminal] court must release him on his own
recognizance unless:
  S 28. Subdivisions (a) and (b)  of  section  190.71  of  the  criminal
procedure  law,  subdivision  (a) as amended by chapter 7 of the laws of
2007 and subdivision (b) as added by chapter 481 of the  laws  of  1978,
are amended to read as follows:
  (a)  Except  as  provided in subdivision six of section 200.20 of this
chapter, a grand jury may not indict (i) a person thirteen years of  age
for any conduct or crime other than conduct constituting a crime defined
in  subdivisions  one  and  two  of section 125.25 (murder in the second
degree) or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal  law;  (ii)  a  person  fourteen
[or],  fifteen,  SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND NINE-
TEEN, SEVENTEEN years of age for any conduct or crime other than conduct
constituting a crime defined in subdivisions  one  and  two  of  section
125.25  (murder  in  the second degree) and in subdivision three of such
section provided that the underlying crime for the murder charge is  one
for  which  such person is criminally responsible; 135.25 (kidnapping in
the first degree); 150.20 (arson in the first degree); subdivisions  one
and  two  of  section  120.10  (assault  in  the  first  degree); 125.20
(manslaughter in the first degree); subdivisions one and two of  section
130.35  (rape  in the first degree); subdivisions one and two of section
130.50 (criminal sexual act in the  first  degree);  130.70  (aggravated
sexual  abuse  in  the  first  degree);  140.30  (burglary  in the first

S. 6406                            97                            A. 9006

degree); subdivision one of  section  140.25  (burglary  in  the  second
degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
first degree); subdivision two of section 160.10 (robbery in the  second
degree)  of  the  penal  law;  subdivision four of section 265.02 of the
penal law, where such firearm is possessed on school  grounds,  as  that
phrase is defined in subdivision fourteen of section 220.00 of the penal
law;  or section 265.03 of the penal law, where such machine gun or such
firearm is possessed on school grounds, as that  phrase  is  defined  in
subdivision  fourteen  of section 220.00 of the penal law; or defined in
the penal law as an attempt to commit murder in  the  second  degree  or
kidnapping  in the first degree, or such conduct as a sexually motivated
felony, where authorized pursuant to section 130.91 of  the  penal  law;
(III)  A  PERSON SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND NINE-
TEEN, SEVENTEEN YEARS OF AGE FOR ANY CONDUCT OR CRIME OTHER THAN CONDUCT
CONSTITUTING AN OFFENSE SET FORTH IN THE  VEHICLE  AND  TRAFFIC  LAW;  A
VIOLENT  FELONY  DEFINED IN SECTION 70.02 OF THE PENAL LAW; A CRIME THAT
IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH
REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE  DEFENDANT  BE  EIGHTEEN
YEARS  OF AGE OR OLDER; A CRIME DEFINED IN THE FOLLOWING SECTIONS OF THE
PENAL LAW: SECTION 120.03 (VEHICULAR  ASSAULT  IN  THE  SECOND  DEGREE);
120.04  (VEHICULAR  ASSAULT  IN  THE FIRST DEGREE); 120.04-A (AGGRAVATED
VEHICULAR  ASSAULT);  125.10  (CRIMINALLY  NEGLIGENT  HOMICIDE);  125.11
(AGGRAVATED    CRIMINALLY   NEGLIGENT   HOMICIDE);   125.12   (VEHICULAR
MANSLAUGHTER IN THE SECOND DEGREE); 125.13  (VEHICULAR  MANSLAUGHTER  IN
THE  FIRST  DEGREE);  125.14  (AGGRAVATED  VEHICULAR  HOMICIDE);  125.15
(MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN  THE  FIRST
DEGREE);  125.21  (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22
(AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL
ABUSE IN THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT  AGAINST  A
CHILD  IN  THE  FIRST  DEGREE);  215.11 (TAMPERING WITH A WITNESS IN THE
THIRD DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE  PERSON
IS  TAMPERING  IS  ONE  FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE;
215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE
CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS  ONE  FOR  WHICH
SUCH  PERSON IS CRIMINALLY RESPONSIBLE; 215.13 (TAMPERING WITH A WITNESS
IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH  THE
PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
BLE;  215.52  (AGGRAVATED  CRIMINAL  CONTEMPT); 130.95 (PREDATORY SEXUAL
ASSAULT); 220.18 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE  IN  THE
SECOND DEGREE); 220.21 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN
THE  FIRST  DEGREE);  220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN
THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A CONTROLLED  SUBSTANCE  IN
THE  FIRST  DEGREE);  220.77  (OPERATING  AS A MAJOR TRAFFICKER); 460.22
(AGGRAVATED ENTERPRISE CORRUPTION); 490.45  (CRIMINAL  POSSESSION  OF  A
CHEMICAL  WEAPON  OR  A  BIOLOGICAL  WEAPON IN THE FIRST DEGREE); 490.50
(CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE  SECOND
DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP-
ON  IN  THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED
IN SUBDIVISION TWO OF SECTION 130.91 OF THE PENAL LAW WHEN COMMITTED  AS
A  SEXUALLY  MOTIVATED  FELONY;  ACTS  CONSTITUTING  A SPECIFIED OFFENSE
DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF  THE  PENAL  LAW  WHEN
COMMITTED  AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN
ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW; AND  ACTS  CONSTITUTING  A
CRIME  SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15
OF THE PENAL LAW PROVIDED THAT THE UNDERLYING CRIME FOR  THE  CONSPIRACY
CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE.

S. 6406                            98                            A. 9006

  (b)  A grand jury may vote to file a request to remove a charge to the
family court if it finds that a person [thirteen, fourteen  or  fifteen]
SIXTEEN,  OR  COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN
years of age OR YOUNGER did an act which, if done by a person  over  the
age  of  sixteen,  OR  COMMENCING  JANUARY FIRST, TWO THOUSAND NINETEEN,
SEVENTEEN,  would constitute a crime provided (1) such act  is  one  for
which it may not indict; (2) it does not indict such person for a crime;
and  (3)  the evidence before it is legally sufficient to establish that
such person did such act and competent and admissible evidence before it
provides reasonable cause to believe that such person did such act.
  S 29. Subdivision 6 of section 200.20 of the criminal  procedure  law,
as  added  by  chapter  136  of  the laws of 1980, is amended to read as
follows:
  6. Where an indictment charges at least one offense against a  defend-
ant  who was under the age of [sixteen] SEVENTEEN, OR COMMENCING JANUARY
FIRST, TWO THOUSAND NINETEEN, EIGHTEEN at the time of the commission  of
the crime and who did not lack criminal responsibility for such crime by
reason  of  infancy, the indictment may, in addition, charge in separate
counts one or more other offenses for which such person would  not  have
been criminally responsible by reason of infancy, if:
  (a)  the offense for which the defendant is criminally responsible and
the one or more other offenses for which he OR SHE would not  have  been
criminally  responsible by reason of infancy are based upon the same act
or upon the same criminal transaction, as that term is defined in subdi-
vision two of section 40.10 of this chapter; or
  (b) the offenses are of such nature that either  proof  of  the  first
offense  would  be  material  and admissible as evidence in chief upon a
trial of the second, or proof of the second would be material and admis-
sible as evidence in chief upon a trial of the first.
  S 30. The opening paragraph of subdivision  1  and  subdivision  5  of
section 210.43 of the criminal procedure law, as added by chapter 411 of
the laws of 1979, are amended to read as follows:
  After  [a  motion by a juvenile offender, pursuant to subdivision five
of section 180.75 of this chapter, or after] arraignment of  a  juvenile
offender  upon  an  indictment, the superior court may, on motion of any
party or on its own motion:
  [5. a. If the court orders removal of the action to family  court,  it
shall  state on the record the factor or factors upon which its determi-
nation is based, and, the court shall give its reasons  for  removal  in
detail and not in conclusory terms.
  b.   The district attorney shall state upon the record the reasons for
his consent to removal of the action to the family court.   The  reasons
shall be stated in detail and not in conclusory terms.]
  S 31. Subparagraphs (i) and (iii) of paragraph (g) of subdivision 5 of
section  220.10  of  the  criminal  procedure  law,  subparagraph (i) as
amended by chapter 410 of the laws of 1979  and  subparagraph  (iii)  as
amended  by  chapter  264  of  the  laws of 2003, are amended to read as
follows:
  (i) If the indictment charges  a  person  fourteen  [or],  fifteen  OR
SIXTEEN,  OR  COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN
years old with the crime of murder in the  second  degree  any  plea  of
guilty  entered  pursuant to subdivision three or four must be a plea of
guilty of a crime for which the defendant is criminally responsible;
  (iii) Where the indictment  does  not  charge  a  crime  specified  in
subparagraph  (i) of this paragraph, the district attorney may recommend
removal of the action to the family court. Upon making such  recommenda-

S. 6406                            99                            A. 9006

tion  the district attorney shall submit a subscribed memorandum setting
forth: (1) a recommendation that the interests of justice would best  be
served  by  removal  of  the  action to the family court; and (2) if the
indictment  charges  a thirteen year old with the crime of murder in the
second degree, or a fourteen [or],  fifteen  OR  SIXTEEN  YEAR  OLD,  OR
COMMENCING  JANUARY FIRST TWO THOUSAND NINETEEN, SEVENTEEN year old with
the crimes of rape in the first degree as defined in subdivision one  of
section  130.35  of  the  penal law, or criminal sexual act in the first
degree as defined in subdivision one of section 130.50 of the penal law,
or an armed felony as defined in paragraph (a) of subdivision  forty-one
of  section  1.20 of this chapter specific factors, one or more of which
reasonably supports the recommendation, showing, (i) mitigating  circum-
stances  that  bear  directly  upon  the  manner  in which the crime was
committed, or (ii) where the defendant was not the sole  participant  in
the  crime,  that  the  defendant's  participation  was relatively minor
although not so minor as to constitute a defense to the prosecution,  or
(iii)  possible  deficiencies  in  proof of the crime, or (iv) where the
juvenile offender has no previous adjudications of  having  committed  a
designated  felony act, as defined in subdivision eight of section 301.2
of the family court act, regardless of the age of the  offender  at  the
time  of  commission of the act, that the criminal act was not part of a
pattern of criminal behavior and, in view of the history of  the  offen-
der, is not likely to be repeated.
  S  32.  Subdivision 2 of section 410.40 of the criminal procedure law,
as amended by chapter 652 of the laws of 2008, is  amended  to  read  as
follows:
  2.  Warrant.  (A)  Where  the  probation  officer has requested that a
probation warrant be issued, the court shall, within  seventy-two  hours
of  its  receipt  of  the request, issue or deny the warrant or take any
other lawful action including issuance of a notice to appear pursuant to
subdivision one of this section. If at any time during the period  of  a
sentence  of probation or of conditional discharge the court has reason-
able grounds to believe that the defendant has violated a  condition  of
the sentence, the court may issue a warrant to a police officer or to an
appropriate  peace  officer  directing  him or her to take the defendant
into custody and bring the defendant before the court  without  unneces-
sary  delay;  provided,  however,  if  the court in which the warrant is
returnable is a superior court, and such court is not available, and the
warrant is addressed to a police officer or appropriate probation  offi-
cer  certified  as  a  peace  officer, such executing officer may UNLESS
OTHERWISE SPECIFIED UNDER PARAGRAPH  (B)  OF  THIS  SECTION,  bring  the
defendant to the local correctional facility of the county in which such
court  sits,  to be detained there until not later than the commencement
of the next session of such court occurring on the next business day; or
if the court in which the warrant is  returnable  is  a  local  criminal
court,  and such court is not available, and the warrant is addressed to
a police officer or appropriate probation officer certified as  a  peace
officer, such executing officer must without unnecessary delay bring the
defendant  before  an  alternate  local  criminal  court, as provided in
subdivision five of section 120.90 of this chapter. A court which issues
such a warrant may attach  thereto  a  summary  of  the  basis  for  the
warrant.  In  any  case  where  a defendant arrested upon the warrant is
brought before a local criminal court other than the court in which  the
warrant  is  returnable,  such  local criminal court shall consider such
summary before issuing a securing order with respect to the defendant.

S. 6406                            100                           A. 9006

  (B) IF THE COURT IN WHICH THE WARRANT  IS  RETURNABLE  IS  A  SUPERIOR
COURT,  AND SUCH COURT IS NOT AVAILABLE, AND THE WARRANT IS ADDRESSED TO
A POLICE OFFICER OR APPROPRIATE PROBATION OFFICER CERTIFIED AS  A  PEACE
OFFICER,  SUCH  EXECUTING  OFFICER  SHALL,  WHERE A DEFENDANT IS SIXTEEN
YEARS  OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS AN OFFENSE OR A VIOLATION
OF HIS OR HER PROBATION OR CONDITIONAL DISCHARGE IMPOSED FOR AN  OFFENSE
ON  OR  AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, OR WHERE A DEFENDANT
IS SEVENTEEN YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS AN OFFENSE OR
A VIOLATION OF HIS OR HER PROBATION OR CONDITIONAL DISCHARGE IMPOSED FOR
AN OFFENSE ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN,  BRING  THE
DEFENDANT  TO  A JUVENILE DETENTION FACILITY, TO BE DETAINED THERE UNTIL
NOT LATER THAN THE COMMENCEMENT OF THE NEXT SESSION OF SUCH COURT OCCUR-
RING ON THE NEXT BUSINESS DAY.
  S 33. Section 410.60 of the criminal  procedure  law,  as  amended  by
chapter 652 of the laws of 2008, is amended to read as follows:
S 410.60 Appearance before court.
  (A)  A  person  who  has  been  taken into custody pursuant to section
410.40 or section 410.50 of this article for violation of a condition of
a sentence of probation or a  sentence  of  conditional  discharge  must
forthwith be brought before the court that imposed the sentence. Where a
violation of probation petition and report has been filed and the person
has  not  been  taken  into  custody  nor  has a warrant been issued, an
initial court appearance shall occur within ten  business  days  of  the
court's  issuance  of  a  notice  to appear. If the court has reasonable
cause to believe that such  person  has  violated  a  condition  of  the
sentence,  it may commit him OR HER to the custody of the sheriff or fix
bail or release such person on his OR HER own  recognizance  for  future
appearance  at a hearing to be held in accordance with section 410.70 of
this article. If the court does not have  reasonable  cause  to  believe
that  such  person  has  violated  a  condition of the sentence, it must
direct that he OR SHE be released.
  (B) A JUVENILE OFFENDER WHO HAS BEEN TAKEN INTO  CUSTODY  PURSUANT  TO
SECTION  410.40  OR  SECTION  410.50  OF THIS ARTICLE FOR VIOLATION OF A
CONDITION OF A SENTENCE  OF  PROBATION  OR  A  SENTENCE  OF  CONDITIONAL
DISCHARGE  MUST  FORTHWITH  BE BROUGHT BEFORE THE COURT THAT IMPOSED THE
SENTENCE.  WHERE A VIOLATION OF PROBATION PETITION AND REPORT  HAS  BEEN
FILED  AND  THE PERSON HAS NOT BEEN TAKEN INTO CUSTODY NOR HAS A WARRANT
BEEN ISSUED, AN INITIAL COURT APPEARANCE SHALL OCCUR WITHIN TEN BUSINESS
DAYS OF THE COURT'S ISSUANCE OF A NOTICE TO APPEAR.  IF  THE  COURT  HAS
REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF
THE  SENTENCE, IT MAY COMMIT HIM OR HER TO THE CUSTODY OF THE SHERIFF OR
FIX BAIL OR RELEASE SUCH PERSON ON  HIS  OR  HER  OWN  RECOGNIZANCE  FOR
FUTURE  APPEARANCE  AT  A  HEARING TO BE HELD IN ACCORDANCE WITH SECTION
410.70 OF THIS ARTICLE. PROVIDED, HOWEVER, NOTHING HEREIN SHALL  AUTHOR-
IZE  A JUVENILE TO BE DETAINED FOR A VIOLATION OF A CONDITION THAT WOULD
NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT  DETER-
MINES  (I)  THAT THE JUVENILE POSES A SPECIFIC IMMINENT THREAT TO PUBLIC
SAFETY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II)  THE
JUVENILE  IS  ON  PROBATION  FOR  AN ACT THAT WOULD CONSTITUTE A VIOLENT
FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED  BY  AN
ADULT  AND  THE  USE  OF  GRADUATED SANCTIONS HAS BEEN EXHAUSTED WITHOUT
SUCCESS. IF THE COURT DOES NOT HAVE REASONABLE  CAUSE  TO  BELIEVE  THAT
SUCH  PERSON  HAS  VIOLATED  A CONDITION OF THE SENTENCE, IT MUST DIRECT
THAT THE JUVENILE BE RELEASED.

S. 6406                            101                           A. 9006

  S 34. Subdivision 5 of section 410.70 of the criminal  procedure  law,
as  amended  by  chapter  17  of the laws of 2014, is amended to read as
follows:
  5.  Revocation;  modification;  continuation. (A) At the conclusion of
the hearing the court may revoke, continue or  modify  the  sentence  of
probation   or  conditional  discharge.  Where  the  court  revokes  the
sentence, it must impose sentence as specified in subdivisions three and
four of section 60.01 of the penal law. Where  the  court  continues  or
modifies the sentence, it must vacate the declaration of delinquency and
direct  that  the  defendant  be  released.  If the alleged violation is
sustained and the court continues  or  modifies  the  sentence,  it  may
extend the sentence up to the period of interruption specified in subdi-
vision  two  of  section  65.15  of the penal law, but any time spent in
custody in any correctional institution OR JUVENILE  DETENTION  FACILITY
pursuant  to  section 410.40 OR 410.60 of this article shall be credited
against the term of the sentence.  Provided further, where  the  alleged
violation is sustained and the court continues or modifies the sentence,
the  court  may  also extend the remaining period of probation up to the
maximum term authorized by section 65.00 of  the  penal  law.  Provided,
however,  a  defendant shall receive credit for the time during which he
or she was supervised under the original probation sentence prior to any
declaration of delinquency and for any time spent in custody pursuant to
this article for an alleged violation of probation.
  (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, NOTHING  HEREIN
SHALL  AUTHORIZE THE PLACEMENT OF A JUVENILE FOR A VIOLATION OF A CONDI-
TION THAT WOULD NOT CONSTITUTE A CRIME IF COMMITTED BY AN  ADULT  UNLESS
THE  COURT  DETERMINES  (I)  THAT THE JUVENILE POSES A SPECIFIC IMMINENT
THREAT TO PUBLIC SAFETY AND STATES THE REASONS FOR THE  FINDING  ON  THE
RECORD  OR  (II)  THE  JUVENILE  IS  ON  PROBATION FOR AN ACT THAT WOULD
CONSTITUTE A VIOLENT FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW
IF COMMITTED BY AN ADULT AND THE USE OF  GRADUATED  SANCTIONS  HAS  BEEN
EXHAUSTED WITHOUT SUCCESS.
  S  35.  The  criminal procedure law is amended by adding a new section
410.90-a to read as follows:
S 410.90-A SUPERIOR COURT; YOUTH PART.
  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE, ALL  PROCEEDINGS
RELATING  TO A JUVENILE OFFENDER SHALL BE HEARD IN THE YOUTH PART OF THE
SUPERIOR COURT HAVING JURISDICTION AND ANY  INTRASTATE  TRANSFERS  UNDER
THIS ARTICLE SHALL BE BETWEEN COURTS DESIGNATED AS A YOUTH PART PURSUANT
TO ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER.
  S  36.  Section  510.15  of  the criminal procedure law, as amended by
chapter 411 of the laws of 1979, subdivision 1 as designated and  subdi-
vision 2 as added by chapter 359 of the laws of 1980, is amended to read
as follows:
S 510.15  Commitment of principal under [sixteen] SEVENTEEN OR EIGHTEEN.
  1.  When  a  principal  who  is  (A)  under the age of sixteen; OR (B)
COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN A PRINCIPAL WHO IS UNDER
THE AGE OF SEVENTEEN WHO COMMITTED AN OFFENSE ON OR AFTER JANUARY FIRST,
TWO THOUSAND EIGHTEEN; OR (C) COMMENCING  JANUARY  FIRST,  TWO  THOUSAND
NINETEEN,  A PRINCIPAL WHO IS UNDER THE AGE OF EIGHTEEN WHO COMMITTED AN
OFFENSE ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN,  is  committed
to  the  custody of the sheriff the court must direct that the principal
be taken to and lodged in a place certified by the [state  division  for
youth]  OFFICE  OF  CHILDREN AND FAMILY SERVICES as a juvenile detention
facility for the reception of children.  Where such a direction is  made
the sheriff shall deliver the principal in accordance therewith and such

S. 6406                            102                           A. 9006

person  shall  although  lodged  and  cared  for in a juvenile detention
facility continue to be deemed to be in the custody of the sheriff.   No
principal under the age [of sixteen] SPECIFIED to whom the provisions of
this section may apply shall be detained in any prison, jail, lockup, or
other  place  used  for  adults convicted of a crime or under arrest and
charged with the commission of a  crime  without  the  approval  of  the
[state division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES in the
case  of  each principal and the statement of its reasons therefor.  The
sheriff shall not be liable for any acts done to or  by  such  principal
resulting  from negligence in the detention of and care for such princi-
pal, when the principal is not in the actual custody of the sheriff.
  2. Except upon consent of the defendant or for good  cause  shown,  in
any  case in which a new securing order is issued for a principal previ-
ously committed to the custody of the sheriff pursuant to this  section,
such  order  shall  further  direct the sheriff to deliver the principal
from a juvenile detention facility to the person or place  specified  in
the order.
  S  37.  Subdivision 1 of section 720.10 of the criminal procedure law,
as amended by chapter 411 of the laws of 1979, is  amended  to  read  as
follows:
  1.  "Youth"  means  a person charged with a crime alleged to have been
committed when he OR SHE was at least sixteen years old  and  less  than
[nineteen]  TWENTY-ONE  years old or a person charged with being a juve-
nile offender as defined in subdivision forty-two  of  section  1.20  of
this chapter.
  S 38. Section 30.00 of the penal law, as amended by chapter 481 of the
laws of 1978, subdivision 2 as amended by chapter 7 of the laws of 2007,
is amended to read as follows:
S 30.00 Infancy.
  1.  Except  as provided in [subdivision] SUBDIVISIONS two AND THREE of
this section, a person less than  [sixteen]  SEVENTEEN  years  old,  OR,
COMMENCING  JANUARY  FIRST,  TWO  THOUSAND  NINETEEN, A PERSON LESS THAN
EIGHTEEN YEARS OLD is not criminally responsible for conduct.
  2. A person thirteen, fourteen [or], fifteen, OR SIXTEEN YEARS OF  AGE
OR,  COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON SEVENTEEN
years of age is criminally responsible for acts constituting  murder  in
the  second  degree  as  defined  in subdivisions one and two of section
125.25 and in subdivision three of such section provided that the under-
lying crime for the murder charge is one for which such person is crimi-
nally responsible or for such conduct as a  sexually  motivated  felony,
where  authorized  pursuant  to  section  130.91 of [the penal law] THIS
CHAPTER; and a person fourteen [or], fifteen, OR SIXTEEN  YEARS  OF  AGE
OR,  COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years of
age is criminally responsible for acts constituting the  crimes  defined
in section 135.25 (kidnapping in the first degree); 150.20 (arson in the
first  degree);  subdivisions  one and two of section 120.10 (assault in
the first degree); 125.20 (manslaughter in the first  degree);  subdivi-
sions one and two of section 130.35 (rape in the first degree); subdivi-
sions  one  and  two of section 130.50 (criminal sexual act in the first
degree); 130.70 (aggravated sexual abuse in the  first  degree);  140.30
(burglary  in  the  first  degree);  subdivision  one  of section 140.25
(burglary in the second degree); 150.15 (arson in  the  second  degree);
160.15  (robbery in the first degree); subdivision two of section 160.10
(robbery in the second degree) of this chapter;  or  section  265.03  of
this  chapter,  where  such  machine gun or such firearm is possessed on
school grounds, as that phrase is defined  in  subdivision  fourteen  of

S. 6406                            103                           A. 9006

section 220.00 of this chapter; or defined in this chapter as an attempt
to commit murder in the second degree or kidnapping in the first degree,
or  for  such  conduct  as a sexually motivated felony, where authorized
pursuant to section 130.91 of [the penal law] THIS CHAPTER.
  3.  A  PERSON SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINE-
TEEN, SEVENTEEN YEARS OLD IS CRIMINALLY RESPONSIBLE FOR ACTS  CONSTITUT-
ING AN OFFENSE SET FORTH IN THE VEHICLE AND TRAFFIC LAW; ACTS CONSTITUT-
ING  A  VIOLENT  FELONY  DEFINED  IN SECTION 70.02 OF THIS CHAPTER; ACTS
CONSTITUTING ANY CRIME IN THIS CHAPTER THAT IS CLASSIFIED AS A  CLASS  A
FELONY  EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT OF
THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER;  ACTS
CONSTITUTING  THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT IN
THE SECOND DEGREE); 120.04 (VEHICULAR  ASSAULT  IN  THE  FIRST  DEGREE);
120.04-A  (AGGRAVATED  VEHICULAR  ASSAULT); 125.10 (CRIMINALLY NEGLIGENT
HOMICIDE); 125.11 (AGGRAVATED  CRIMINALLY  NEGLIGENT  HOMICIDE);  125.12
(VEHICULAR   MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.13  (VEHICULAR
MANSLAUGHTER  IN  THE  FIRST  DEGREE);  125.14   (AGGRAVATED   VEHICULAR
MANSLAUGHTER);  125.15  (MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.20
(MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED  MANSLAUGHTER  IN
THE  SECOND  DEGREE);  125.22  (AGGRAVATED  MANSLAUGHTER  IN  THE  FIRST
DEGREE); 130.70 (AGGRAVATED SEXUAL ABUSE IN THE  FIRST  DEGREE);  130.75
(COURSE  OF  SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); 215.11
(TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE  CRIMI-
NAL  PROCEEDING  IN  WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH
PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH  A  WITNESS  IN
THE  SECOND  DEGREE)  PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE
PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT
THE CRIMINAL PROCEEDING IN WHICH THE PERSON  IS  TAMPERING  IS  ONE  FOR
WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL
CONTEMPT);  ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION
TWO OF SECTION 130.91 OF THIS CHAPTER WHEN COMMITTED AS A SEXUALLY MOTI-
VATED  FELONY;  130.95  (PREDATORY  SEXUAL  ASSAULT);  220.18  (CRIMINAL
POSSESSION  OF  A  CONTROLLED  SUBSTANCE  IN  THE SECOND DEGREE); 220.21
(CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE  IN  THE  FIRST  DEGREE);
220.41  (CRIMINAL  SALE OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE);
220.43 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN  THE  FIRST  DEGREE);
220.77  (OPERATING AS A MAJOR TRAFFICKER); 460.22 (AGGRAVATED ENTERPRISE
CORRUPTION); 490.45 (CRIMINAL POSSESSION  OF  A  CHEMICAL  WEAPON  OR  A
BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMI-
CAL  WEAPON OR A BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.55 (CRIMI-
NAL USE OF A CHEMICAL  WEAPON  OR  A  BIOLOGICAL  WEAPON  IN  THE  FIRST
DEGREE);  ACTS  CONSTITUTING  A SPECIFIED OFFENSE DEFINED IN SUBDIVISION
THREE OF SECTION 490.05 OF THIS CHAPTER WHEN  COMMITTED  AS  AN  ACT  OF
TERRORISM;  ACTS  CONSTITUTING  A  FELONY DEFINED IN ARTICLE 490 OF THIS
CHAPTER; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION  ONE  OF
SECTION 105.10 AND SECTION 105.15 PROVIDED THAT THE UNDERLYING CRIME FOR
THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPON-
SIBLE.
  4.  In any prosecution for an offense, lack of criminal responsibility
by reason of infancy, as defined in this section, is a defense.
  S 39. Subdivision 2 of section 60.02 of the penal law, as  amended  by
chapter 471 of the laws of 1980, is amended to read as follows:
  (2)  If the sentence is to be imposed upon a youthful offender finding
which has been substituted for a conviction  for  any  felony,  AND  THE
PERSON  IS  EIGHTEEN  YEARS  OF  AGE OR YOUNGER, the court must impose a

S. 6406                            104                           A. 9006

sentence authorized to be imposed upon a person convicted of a  class  E
felony  provided, however, that (A) the court must not impose a sentence
of [conditional discharge or] unconditional discharge  if  the  youthful
offender finding was substituted for a conviction of a felony defined in
article  two  hundred  twenty  of  this chapter; AND (B) NOTWITHSTANDING
PARAGRAPH (E) OF SUBDIVISION TWO OF SECTION 70.00 OF THIS  TITLE,  IF  A
TERM  OF IMPRISONMENT IS IMPOSED, SUCH TERM SHALL BE A DEFINITE SENTENCE
OF ONE YEAR OR LESS, OR A DETERMINATE SENTENCE, THE TERM OF  WHICH  MUST
BE  AT LEAST ONE YEAR AND MUST NOT EXCEED THREE YEARS, AND MUST INCLUDE,
AS A PART THEREOF, A PERIOD OF POST RELEASE  SUPERVISION  IN  ACCORDANCE
WITH  SUBDIVISION  TWO-B  OF  SECTION  70.45 OF THIS TITLE. IN ANY CASE,
WHERE A COURT IMPOSES A SENTENCE OF IMPRISONMENT IN CONJUNCTION  WITH  A
SENTENCE  OF  PROBATION OR CONDITIONAL DISCHARGE, SUCH IMPRISONMENT TERM
SHALL NOT BE IN EXCESS OF SIX MONTHS, OR IN THE CASE OF AN  INTERMITTENT
TERM,  NOT  IN EXCESS OF FOUR MONTHS IN ACCORDANCE WITH PARAGRAPH (D) OF
SUBDIVISION TWO OF SECTION 60.01 OF THIS ARTICLE.  IF THE SENTENCE IS TO
BE IMPOSED UPON A YOUTHFUL OFFENDER FINDING WHICH HAS  BEEN  SUBSTITUTED
FOR  A  CONVICTION  OF  ANY FELONY, AND THE PERSON IS NINETEEN OR TWENTY
YEARS OF AGE, THE COURT  MUST  SENTENCE  SUCH  PERSON  PURSUANT  TO  THE
PROVISIONS  OF  THIS  ARTICLE APPLICABLE TO A PERSON TWENTY-ONE YEARS OF
AGE OR OLDER CONVICTED OF THE SAME OFFENSE.
  S 40. Section 60.10 of the penal law, as amended by chapter 411 of the
laws of 1979, is amended to read as follows:
S 60.10 Authorized disposition; juvenile offender.
  1.  WHEN A JUVENILE OFFENDER IS CONVICTED OF A CLASS A  FELONY,  OTHER
THAN  MURDER IN THE SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON IN
THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST
DEGREE AS DEFINED BY SECTION 135.25 OF THIS  CHAPTER,  THE  COURT  SHALL
SENTENCE  THE  DEFENDANT  TO  IMPRISONMENT PURSUANT TO THE PROVISIONS OF
SECTION 70.00, 70.06, 70.07, 70.08, OR 70.71 OF THIS CHAPTER, AS  APPLI-
CABLE. When a juvenile offender is convicted of [a] ANY OTHER crime, the
court  shall  sentence  the defendant to imprisonment in accordance with
section 70.05 or sentence [him] THE DEFENDANT upon a  youthful  offender
finding in accordance with section 60.02 of this [chapter] ARTICLE.
  2. Subdivision one of this section shall apply when sentencing a juve-
nile offender notwithstanding the provisions of any other law that deals
with the authorized sentence for persons who are not juvenile offenders.
Provided,  however, that the limitation prescribed by this section shall
not be deemed or construed to bar use of  a  conviction  of  a  juvenile
offender,  other  than  a  juvenile  offender who has been adjudicated a
youthful offender pursuant to section 720.20 of the  criminal  procedure
law,  as  a  previous  or predicate felony offender under section 70.04,
70.06, 70.07, 70.08 [or], 70.10, 70.70, 70.71, 70.80, OR 485.10 OF  THIS
CHAPTER,  when  sentencing a person who commits a felony after [he] SUCH
PERSON has reached the age of [sixteen] SEVENTEEN AS OF  JANUARY  FIRST,
TWO  THOUSAND  EIGHTEEN,  AND EIGHTEEN AS OF JANUARY FIRST, TWO THOUSAND
NINETEEN.
  S 41. Section 70.05 of the penal law, as added by chapter 481  of  the
laws  of  1978,  subdivision  1 as amended by chapter 615 of the laws of
1984, paragraph (e) of subdivision 2  as  added  and  paragraph  (c)  of
subdivision  3  as amended by chapter 435 of the laws of 1998, paragraph
(a) of subdivision 3 as amended by chapter 174 of the laws of  2003,  is
amended to read as follows:
S 70.05 Sentence of imprisonment for juvenile offender.
  1. [Indeterminate sentence] SENTENCE. A sentence of imprisonment for a
JUVENILE OFFENDER CONVICTED OF A CLASS A felony OTHER THAN MURDER IN THE

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SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON IN THE FIRST DEGREE AS
DEFINED  BY  SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED
BY SECTION 135.25 OF THIS CHAPTER, SHALL BE IMPOSED BY THE COURT  PURSU-
ANT TO THE PROVISIONS OF SECTION 70.00, 70.06, 70.07, 70.08, OR 70.71 OF
THIS  CHAPTER,  AS  APPLICABLE. A SENTENCE OF IMPRISONMENT FOR THE CLASS
A-1 FELONY OF MURDER IN THE SECOND DEGREE committed by a juvenile offen-
der shall be an indeterminate sentence. When such a sentence is imposed,
the court shall impose [a] THE MINIMUM PERIOD OF IMPRISONMENT AND  maxi-
mum  term  in  accordance with the provisions of subdivision two of this
section [and the minimum period of imprisonment shall be as provided  in
subdivision  three  of  this  section].  EXCEPT  AS  PROVIDED  HEREIN, A
SENTENCE OF IMPRISONMENT FOR ANY OTHER FELONY COMMITTED  BY  A  JUVENILE
OFFENDER  SHALL  BE  A  DETERMINATE  SENTENCE.  WHEN  SUCH A SENTENCE IS
IMPOSED, THE COURT SHALL IMPOSE A TERM OF IMPRISONMENT IN WHOLE OR  HALF
YEARS  IN  ACCORDANCE  WITH  THE PROVISIONS OF SUBDIVISION THREE OF THIS
SECTION AND A PERIOD OF POST-RELEASE SUPERVISION IN ACCORDANCE WITH  THE
PROVISIONS  OF  SUBDIVISION TWO-B OF SECTION 70.45 OF THIS ARTICLE.  The
court shall further provide that where  a  juvenile  offender  is  under
placement  pursuant  to  article  three  of  the  family  court act, any
sentence imposed pursuant to this section which is to be served  consec-
utively  with  such  placement  shall be served in a facility designated
pursuant to subdivision four of section 70.20 of this article  prior  to
service of the placement in any previously designated facility.
  2.  [Maximum  term of] INDETERMINATE sentence. [The maximum term of an
indeterminate sentence for a juvenile offender shall be at  least  three
years and the term shall be fixed as follows:
  (a)]  For the class A felony of murder in the second degree, the MAXI-
MUM term shall be life imprisonment[;], AND THE MINIMUM PERIOD OF IMPRI-
SONMENT SHALL BE SPECIFIED IN THE SENTENCE AS FOLLOWS:
  (A) WHERE THE DEFENDANT WAS THIRTEEN YEARS OLD AT  THE  TIME  OF  SUCH
OFFENSE, THE MINIMUM PERIOD OF IMPRISONMENT SHALL BE AT LEAST FIVE YEARS
BUT SHALL NOT EXCEED NINE YEARS;
  (B)  WHERE THE DEFENDANT WAS AT LEAST FOURTEEN YEARS OLD BUT LESS THAN
SEVENTEEN YEARS OLD, AND, COMMENCING JANUARY FIRST, TWO  THOUSAND  NINE-
TEEN,  WHERE THE DEFENDANT WAS AT LEAST FOURTEEN YEARS OLD BUT LESS THAN
EIGHTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, THE  MINIMUM  PERIOD  OF
IMPRISONMENT  SHALL  BE  AT LEAST SEVEN AND ONE HALF YEARS BUT SHALL NOT
EXCEED FIFTEEN YEARS.
  [(b)] 3. DETERMINATE SENTENCE. (A) For the class A felony of arson  in
the  first  degree, or for the class A felony of kidnapping in the first
degree the DETERMINATE term shall be fixed by the court, and shall be at
least [twelve] FOUR years but shall not exceed fifteen years;
  [(c)] (B)(I) For a class B felony, OTHER THAN A CLASS B VIOLENT FELONY
AS DEFINED BY SECTION 70.02 OF THIS ARTICLE, the DETERMINATE term  shall
be  fixed  by  the  court,  and shall BE AT LEAST ONE YEAR BUT SHALL not
exceed [ten] SEVEN years;
  (II) FOR A CLASS B VIOLENT FELONY AS DEFINED BY SECTION 70.02 OF  THIS
ARTICLE,  THE DETERMINATE TERM SHALL BE FIXED BY THE COURT, AND SHALL BE
AT LEAST FIVE YEARS BUT SHALL NOT EXCEED  TWENTY-FIVE  YEARS;  PROVIDED,
HOWEVER,  THAT  WHERE THE COURT, HAVING REGARD TO THE NATURE AND CIRCUM-
STANCES OF THE CRIME AND TO THE HISTORY AND CHARACTER OF THE  DEFENDANT,
IS  OF THE OPINION THAT IT WOULD BE UNDULY HARSH TO IMPOSE A DETERMINATE
SENTENCE OF NO LESS THAN FIVE YEARS AND NO MORE THAN TWENTY-FIVE  YEARS,
THE COURT MAY IMPOSE A DETERMINATE SENTENCE OF NO LESS THAN ONE YEAR AND
NO MORE THAN SEVEN YEARS;

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  [(d)] (C) For a class C felony, the DETERMINATE term shall be fixed by
the  court,  and shall BE AT LEAST ONE YEAR BUT SHALL not exceed [seven]
FIVE years; and
  [(e)] (D) For a class D felony, the DETERMINATE term shall be fixed by
the  court,  and  shall BE AT LEAST ONE YEAR BUT SHALL not exceed [four]
THREE years; AND
  (E) FOR A CLASS E FELONY, WHERE THE DEFENDANT WAS SIXTEEN  YEARS  OLD,
AND COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, WHERE THE DEFENDANT
WAS  SIXTEEN  OR  SEVENTEEN  YEARS  OLD AT THE TIME OF SUCH OFFENSE, THE
DETERMINATE TERM SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST  ONE
YEAR BUT SHALL NOT EXCEED TWO YEARS.
  [3. Minimum period of imprisonment. The minimum period of imprisonment
under  an indeterminate sentence for a juvenile offender shall be speci-
fied in the sentence as follows:
  (a) For the class A felony of murder in the second degree, the minimum
period of imprisonment shall be fixed by the court and shall be not less
than five years but shall not exceed nine years provided, however,  that
where the sentence is for an offense specified in subdivision one or two
of  section  125.25  of  this  chapter and the defendant was fourteen or
fifteen years old at the time of such offense,  the  minimum  period  of
imprisonment  shall  be not less than seven and one-half years but shall
not exceed fifteen years;
  (b) For the class A felony of arson in the first degree,  or  for  the
class  A felony of kidnapping in the first degree, the minimum period of
imprisonment shall be fixed by the court and shall be not less than four
years but shall not exceed six years; and
  (c) For a class B, C or D felony, the minimum period  of  imprisonment
shall be fixed by the court at one-third of the maximum term imposed.]
  S  42.  Subdivision 1 of section 70.20 of the penal law, as amended by
section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
  1. [(a)] Indeterminate or determinate sentence. Except as provided  in
subdivision  four  of this section, when an indeterminate or determinate
sentence of imprisonment is imposed, the court shall commit the  defend-
ant  to the custody of the state department of corrections and community
supervision for the term of his or her sentence and  until  released  in
accordance  with  the law; provided, however, that a defendant sentenced
pursuant to subdivision seven of section 70.06 shall be committed to the
custody of the state department of corrections and community supervision
for immediate delivery to a reception center operated by the department.
  [(b) The court in committing a defendant who is not yet eighteen years
of age to the department of corrections and community supervision  shall
inquire as to whether the parents or legal guardian of the defendant, if
present,  will  grant  to  the  minor the capacity to consent to routine
medical, dental and mental health services and treatment.
  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits a defendant who is not yet eighteen years of age to the  custody
of the department of corrections and community supervision in accordance
with this section and no medical consent has been obtained prior to said
commitment,  the  commitment order shall be deemed to grant the capacity
to consent to routine medical, dental and  mental  health  services  and
treatment to the person so committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian  of  an  inmate  who is not yet eighteen years of age from making a
motion on notice to the department of corrections and  community  super-
vision  pursuant  to  article  twenty-two  of the civil practice law and

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rules and section one hundred forty of the correction law, objecting  to
routine  medical,  dental  or mental health services and treatment being
provided to such inmate under the provisions of paragraph  (b)  of  this
subdivision.
  (e)  Nothing  in  this  section shall require that consent be obtained
from the parent or legal guardian, where  no  consent  is  necessary  or
where  the  defendant  is authorized by law to consent on his or her own
behalf to any medical, dental, and mental health service or treatment.]
  S 43. Subdivision 2 of section 70.20 of the penal law, as  amended  by
chapter 437 of the laws of 2013, is amended to read as follows:
  2.  [(a)] Definite sentence. Except as provided in subdivision four of
this section, when a definite sentence of imprisonment is  imposed,  the
court  shall commit the defendant to the county or regional correctional
institution for the term of his sentence and until released  in  accord-
ance with the law.
  [(b) The court in committing a defendant who is not yet eighteen years
of  age  to  the local correctional facility shall inquire as to whether
the parents or legal guardian of the defendant, if present,  will  grant
to  the  minor  the  capacity  to consent to routine medical, dental and
mental health services and treatment.
  (c) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an inmate who is not yet eighteen years of  age  from  making  a
motion  on  notice  to the local correction facility pursuant to article
twenty-two of the civil practice law and rules and section  one  hundred
forty  of  the  correction  law, objecting to routine medical, dental or
mental health services and treatment being provided to such inmate under
the provisions of paragraph (b) of this subdivision.]
  S 44. Paragraph (a) of subdivision 4 of section  70.20  of  the  penal
law,  as  amended by section 124 of subpart B of part C of chapter 62 of
the laws of 2011, is amended and two new paragraphs (a-1) and (a-2)  are
added to read as follows:
  (a)  Notwithstanding  any  other  provision  of law to the contrary, a
juvenile offender[,] or a juvenile offender who is adjudicated a  youth-
ful  offender  [and],  WHO  IS  given  an  indeterminate  or  a definite
sentence, AND WHO IS UNDER THE AGE OF TWENTY-ONE AT THE TIME OF SENTENC-
ING, shall be committed to the custody of the commissioner of the office
of children and family services who shall arrange for the confinement of
such offender in [secure] facilities  of  the  office.  The  release  or
transfer  of  such  offenders  from  the  office  of children and family
services shall be governed by section five hundred eight of  the  execu-
tive  law.  IF  THE  JUVENILE  OFFENDER IS CONVICTED OR, IF THE JUVENILE
OFFENDER WHO IS ADJUDICATED A YOUTHFUL  OFFENDER  IS  CONVICTED  AND  IS
TWENTY-ONE  YEARS  OF  AGE OR OLDER AT THE TIME OF SENTENCING, HE OR SHE
SHALL BE DELIVERED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION.
  (A-1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  A
PERSON  SIXTEEN  YEARS  OF  AGE  WHO  COMMITS  A VEHICLE AND TRAFFIC LAW
OFFENSE THAT DOES NOT CONSTITUTE A JUVENILE OFFENDER OFFENSE ON OR AFTER
JANUARY FIRST, TWO THOUSAND EIGHTEEN AND A PERSON SEVENTEEN YEARS OF AGE
WHO COMMITS SUCH AN OFFENSE ON OR  AFTER  JANUARY  FIRST,  TWO  THOUSAND
NINETEEN WHO IS SENTENCED TO A TERM OF IMPRISONMENT WHO IS UNDER THE AGE
OF  TWENTY-ONE  AT THE TIME HE OR SHE IS SENTENCED SHALL BE COMMITTED TO
THE CUSTODY OF THE COMMISSIONER OF THE OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES WHO SHALL ARRANGE CONFINEMENT OF SUCH OFFENDER IN FACILITIES OF
THE OFFICE.

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  (A-2)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY,
COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON WHO IS IN  THE
CUSTODY OF, OR IS COMMITTED TO, THE DEPARTMENT OF CORRECTIONS AND COMMU-
NITY  SUPERVISION  WHO  IS  UNDER  THE AGE OF EIGHTEEN SHALL, WITHIN THE
DISCRETION  OF  THE  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
AND THE OFFICE OF CHILDREN AND FAMILY  SERVICES,  SUBJECT  TO  AVAILABLE
CAPACITY, AND WHEN CONSISTENT WITH THE PERSON'S CIRCUMSTANCES, BE TRANS-
FERRED  TO THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES WHO SHALL ARRANGE FOR THE CONFINEMENT OF  SUCH  OFFENDER
IN  FACILITIES  OF  THE  OFFICE.  THE  PLACEMENT FACILITY AND RELEASE OR
TRANSFER OF SUCH OFFENDERS  FROM  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  SHALL  BE GOVERNED BY SECTION FIVE HUNDRED EIGHT OF THE EXECU-
TIVE LAW.
  S 44-a. Paragraph (f) of subdivision 1 of section 70.30 of  the  penal
law, as added by chapter 481 of the laws of 1978 and relettered by chap-
ter 3 of the laws of 1995, is amended to read as follows:
  (f)  [The aggregate maximum term of consecutive sentences imposed upon
a juvenile offender for two or more crimes,  not  including  a  class  A
felony, committed before he has reached the age of sixteen, shall, if it
exceeds  ten years, be deemed to be ten years. If consecutive indetermi-
nate sentences imposed upon a juvenile offender include a  sentence  for
the class A felony of arson in the first degree or for the class A felo-
ny of kidnapping in the first degree, then the aggregate maximum term of
such  sentences  shall,  if  it  exceeds  fifteen years, be deemed to be
fifteen years. Where the aggregate maximum term of two or  more  consec-
utive  sentences is reduced by a calculation made pursuant to this para-
graph, the aggregate minimum period of imprisonment, if it exceeds  one-
half  of the aggregate maximum term as so reduced, shall be deemed to be
one-half of the aggregate maximum term as so reduced.] (I) THE AGGREGATE
TERM OR MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED  UPON  A  JUVENILE
OFFENDER  FOR  TWO OR MORE CRIMES COMMITTED PRIOR TO THE TIME THE PERSON
WAS IMPRISONED UNDER ANY OF SUCH  SENTENCES,  OTHER  THAN  TWO  OR  MORE
SENTENCES  THAT  INCLUDE  A SENTENCE FOR A CLASS A FELONY, OR A SENTENCE
FOR A CLASS B VIOLENT FELONY, SHALL, IF IT EXCEEDS TEN YEARS, BE  DEEMED
TO BE TEN YEARS, PROVIDED:
  (A)  WHERE  ALL  OF SUCH CONSECUTIVE SENTENCES ARE DETERMINATE AND THE
AGGREGATE TERM EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE  DEEMED
TO BE SERVING A DETERMINATE TERM OF TEN YEARS; AND
  (B)  WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE INDETERMINATE AND THE
AGGREGATE MAXIMUM TERM EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE
DEEMED TO BE SERVING AN INDETERMINATE  SENTENCE,  THE  MAXIMUM  TERM  OF
WHICH  SHALL  BE DEEMED TO BE TEN YEARS AND THE AGGREGATE MINIMUM PERIOD
OF WHICH, IF IT EXCEEDS FIVE YEARS, SHALL BE DEEMED TO  BE  FIVE  YEARS;
AND
  (C)  WHERE  ONE OR MORE OF SUCH CONSECUTIVE SENTENCES IS A DETERMINATE
SENTENCE AND ONE OR MORE OF WHICH IS AN INDETERMINATE SENTENCE:
  (1) IF THE AGGREGATE TERM OF THE DETERMINATE SENTENCES IS EQUAL TO  OR
EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING A
DETERMINATE TERM OF TEN YEARS; AND
  (2)  IF  THE  TERM  OR  AGGREGATE  TERM OF THE DETERMINATE SENTENCE OR
SENTENCES IS LESS THAN TEN YEARS, THE JUVENILE OFFENDER SHALL BE  DEEMED
TO BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH SHALL
BE  DEEMED  TO  BE  TEN  YEARS, AND THE MINIMUM PERIOD OF WHICH SHALL BE
DEEMED TO BE FIVE YEARS OR SIX-SEVENTHS OF THE TERM OR AGGREGATE TERM OF
THE DETERMINATE SENTENCE OR SENTENCES, WHICHEVER IS GREATER.

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  (II) THE AGGREGATE MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED  UPON
A  JUVENILE  OFFENDER FOR TWO OR MORE CRIMES COMMITTED PRIOR TO THE TIME
THE PERSON WAS IMPRISONED UNDER ANY OF SUCH SENTENCES, AT LEAST  ONE  OF
WHICH  IS  THE CLASS A FELONY OF ARSON IN THE FIRST DEGREE AS DEFINED BY
SECTION  150.20  OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION
135.25 OF THIS CHAPTER BUT NO OTHER CLASS A FELONY, AND DOES NOT INCLUDE
A SENTENCE IMPOSED FOR A CLASS B VIOLENT FELONY, SHALL,  IF  IT  EXCEEDS
FIFTEEN YEARS, BE DEEMED TO BE FIFTEEN YEARS, PROVIDED:
  (A)  WHERE  ALL  OF SUCH CONSECUTIVE SENTENCES ARE DETERMINATE AND THE
AGGREGATE TERM EXCEEDS FIFTEEN YEARS, THE  JUVENILE  OFFENDER  SHALL  BE
DEEMED TO BE SERVING A DETERMINATE TERM OF FIFTEEN YEARS; AND
  (B)  WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE INDETERMINATE AND THE
AGGREGATE MAXIMUM TERM EXCEEDS  FIFTEEN  YEARS,  THE  JUVENILE  OFFENDER
SHALL  BE  DEEMED  TO  BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM
TERM OF WHICH SHALL BE DEEMED TO BE  FIFTEEN  YEARS  AND  THE  AGGREGATE
MINIMUM  PERIOD  OF WHICH, IF IT EXCEEDS SEVEN AND ONE-HALF YEARS, SHALL
BE DEEMED TO BE SEVEN AND ONE-HALF YEARS; AND
  (C) WHERE ONE OR MORE OF SUCH CONSECUTIVE SENTENCES IS  A  DETERMINATE
SENTENCE AND ONE OR MORE OF WHICH IS AN INDETERMINATE SENTENCE:
  (1)  IF THE AGGREGATE TERM OF THE DETERMINATE SENTENCES IS EQUAL TO OR
EXCEEDS FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERV-
ING A DETERMINATE TERM OF FIFTEEN YEARS; AND
  (2) IF THE TERM OR AGGREGATE  TERM  OF  THE  DETERMINATE  SENTENCE  OR
SENTENCES  IS  LESS  THAN  FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE
DEEMED TO BE SERVING AN INDETERMINATE  SENTENCE,  THE  MAXIMUM  TERM  OF
WHICH  SHALL  BE  DEEMED  TO BE FIFTEEN YEARS, AND THE MINIMUM PERIOD OF
WHICH SHALL BE DEEMED TO BE SEVEN AND ONE-HALF YEARS OR SIX-SEVENTHS  OF
THE  TERM  OR  AGGREGATE  TERM OF THE DETERMINATE SENTENCE OR SENTENCES,
WHICHEVER IS GREATER.
  S 44-b. Section 70.45 of the penal law is  amended  by  adding  a  new
subdivision 2-b to read as follows:
  2-B.  PERIODS  OF  POST-RELEASE SUPERVISION FOR JUVENILE OFFENDERS AND
YOUTHFUL OFFENDERS. (A) THE PERIOD OF  POST-RELEASE  SUPERVISION  FOR  A
DETERMINATE  SENTENCE  IMPOSED  UPON  A  YOUTHFUL OFFENDER OR A JUVENILE
OFFENDER ADJUDICATED A YOUTHFUL OFFENDER MUST BE FIXED BY THE  COURT  AT
ONE YEAR.
  (B)  THE PERIOD OF POST-RELEASE SUPERVISION FOR A DETERMINATE SENTENCE
IMPOSED UPON A JUVENILE OFFENDER NOT  ADJUDICATED  A  YOUTHFUL  OFFENDER
MUST BE FIXED BY THE COURT IN WHOLE OR HALF YEARS AS FOLLOWS:
  (I)  SUCH  PERIOD SHALL BE ONE YEAR WHENEVER A DETERMINATE SENTENCE OF
IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS D OR CLASS E FELONY
OFFENSE;
  (II) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR  NOR  MORE  THAN  TWO
YEARS  WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A
CONVICTION OF A CLASS C FELONY OFFENSE;
  (III) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN  THREE
YEARS  WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A
CONVICTION OF A CLASS B FELONY OFFENSE;  PROVIDED,  HOWEVER,  THAT  SUCH
PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN FOUR YEARS; AND
  (IV)  SUCH  PERIOD  SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN FIVE
YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON  A
CONVICTION OF THE CLASS A FELONY OFFENSE OF ARSON IN THE FIRST DEGREE AS
DEFINED  BY  SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED
BY SECTION 135.25 OF THIS CHAPTER,  AND  A  FIVE-YEAR  PERIOD  SHALL  BE
IMPOSED  PURSUANT TO SUBDIVISION TWO OF THIS SECTION WHENEVER A DETERMI-

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NATE SENTENCE IMPOSED UPON A JUVENILE OFFENDER FOR  ANY  OTHER  CLASS  A
FELONY.
  S  45. Subdivision 18 of section 10.00 of the penal law, as amended by
chapter 7 of the laws of 2007, is amended to read as follows:
  18. "Juvenile offender" means (1) a person thirteen years old  who  is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25 of this chapter
or  such conduct as a sexually motivated felony, where authorized pursu-
ant to section 130.91 of [the penal law; and] THIS CHAPTER;
  (2) a person fourteen [or], fifteen OR SIXTEEN YEARS OLD OR COMMENCING
JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years old who is  crimi-
nally  responsible  for acts constituting the crimes defined in subdivi-
sions one and two of section 125.25 (murder in the second degree) and in
subdivision three of such section provided that the underlying crime for
the murder charge is one for which such person is  criminally  responsi-
ble;  section  135.25 (kidnapping in the first degree); 150.20 (arson in
the first degree); subdivisions one and two of section  120.10  (assault
in  the first degree); 125.20 (manslaughter in the first degree); subdi-
visions one and two of section 130.35 (rape in the first degree); subdi-
visions one and two of section 130.50 (criminal sexual act in the  first
degree);  130.70  (aggravated  sexual abuse in the first degree); 140.30
(burglary in the  first  degree);  subdivision  one  of  section  140.25
(burglary  in  the  second degree); 150.15 (arson in the second degree);
160.15 (robbery in the first degree); subdivision two of section  160.10
(robbery  in  the  second  degree) of this chapter; or section 265.03 of
this chapter, where such machine gun or such  firearm  is  possessed  on
school  grounds,  as  that  phrase is defined in subdivision fourteen of
section 220.00 of this chapter; or defined in this chapter as an attempt
to commit murder in the second degree or kidnapping in the first degree,
or such conduct as a sexually motivated felony, where authorized  pursu-
ant to section 130.91 of [the penal law] THIS CHAPTER; AND
  (3)  A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINE-
TEEN, SEVENTEEN YEARS OLD WHO IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTI-
TUTING AN OFFENSE SET FORTH IN THE VEHICLE AND TRAFFIC LAW; ACTS CONSTI-
TUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS  CHAPTER;  ACTS
CONSTITUTING  ANY  CRIME IN THIS CHAPTER THAT IS CLASSIFIED AS A CLASS A
FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT  OF
THE  OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; ACTS
CONSTITUTING THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT  IN
THE  SECOND  DEGREE);  120.04  (VEHICULAR  ASSAULT IN THE FIRST DEGREE);
120.04-A (AGGRAVATED VEHICULAR ASSAULT);  125.10  (CRIMINALLY  NEGLIGENT
HOMICIDE);  125.11  (AGGRAVATED  CRIMINALLY  NEGLIGENT HOMICIDE); 125.12
(VEHICULAR  MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.13   (VEHICULAR
MANSLAUGHTER   IN   THE  FIRST  DEGREE);  125.14  (AGGRAVATED  VEHICULAR
MANSLAUGHTER);  125.15  (MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.20
(MANSLAUGHTER  IN  THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN
THE  SECOND  DEGREE);  125.22  (AGGRAVATED  MANSLAUGHTER  IN  THE  FIRST
DEGREE);  130.70  (AGGRAVATED  SEXUAL ABUSE IN THE FIRST DEGREE); 130.75
(COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST  DEGREE);  215.11
(TAMPERING  WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMI-
NAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE  FOR  WHICH  SUCH
PERSON  IS  CRIMINALLY  RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN
THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING  IN  WHICH  THE
PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT
THE  CRIMINAL  PROCEEDING  IN  WHICH  THE PERSON IS TAMPERING IS ONE FOR

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WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL
CONTEMPT); 130.95 (PREDATORY SEXUAL ASSAULT); 220.41 (CRIMINAL SALE OF A
CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.43 (CRIMINAL SALE  OF  A
CONTROLLED  SUBSTANCE IN THE FIRST DEGREE); 220.77 (OPERATING AS A MAJOR
TRAFFICKER); 460.22 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45 (CRIMINAL
POSSESSION OF A CHEMICAL WEAPON OR A  BIOLOGICAL  WEAPON  IN  THE  FIRST
DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP-
ON IN THE SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A
BIOLOGICAL  WEAPON  IN  THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED
OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION  130.91  OF  THIS  CHAPTER
WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPEC-
IFIED  OFFENSE  DEFINED  IN  SUBDIVISION THREE OF SECTION 490.05 OF THIS
CHAPTER WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELO-
NY DEFINED IN ARTICLE FOUR HUNDRED NINETY  OF  THIS  CHAPTER;  AND  ACTS
CONSTITUTING  A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND
SECTION 105.15 PROVIDED THAT THE UNDERLYING  CRIME  FOR  THE  CONSPIRACY
CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE.
  S 46. Subdivision 42 of section 1.20 of the criminal procedure law, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
  42.  "Juvenile offender" means (1) a person, thirteen years old who is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25  of  the  penal
law,  or  such  conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; [and] (2) a person fourteen
[or], fifteen OR SIXTEEN YEARS OLD, OR  COMMENCING  JANUARY  FIRST,  TWO
THOUSAND NINETEEN, SEVENTEEN years old who is criminally responsible for
acts  constituting  the  crimes  defined  in subdivisions one and two of
section 125.25 (murder in the second degree) and in subdivision three of
such section provided that the underlying crime for the murder charge is
one for which such person  is  criminally  responsible;  section  135.25
(kidnapping  in  the  first degree); 150.20 (arson in the first degree);
subdivisions one and  two  of  section  120.10  (assault  in  the  first
degree); 125.20 (manslaughter in the first degree); subdivisions one and
two  of  section 130.35 (rape in the first degree); subdivisions one and
two of section 130.50 (criminal sexual act in the first degree);  130.70
(aggravated  sexual  abuse in the first degree); 140.30 (burglary in the
first degree); subdivision one of section 140.25 (burglary in the second
degree); 150.15 (arson in the second degree);  160.15  (robbery  in  the
first  degree); subdivision two of section 160.10 (robbery in the second
degree) of the penal law; or section 265.03 of the penal law, where such
machine gun or such firearm is possessed  on  school  grounds,  as  that
phrase is defined in subdivision fourteen of section 220.00 of the penal
law;  or  defined in the penal law as an attempt to commit murder in the
second degree or kidnapping in the first degree, or such  conduct  as  a
sexually  motivated  felony, where authorized pursuant to section 130.91
of the penal law; AND (3) A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST,
TWO THOUSAND NINETEEN, A PERSON SIXTEEN OR SEVENTEEN YEARS  OLD  WHO  IS
CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING AN OFFENSE SET FORTH IN THE
VEHICLE  AND  TRAFFIC  LAW; A VIOLENT FELONY DEFINED IN SECTION 70.02 OF
THE PENAL LAW; ACTS CONSTITUTING ANY CRIME IN  THE  PENAL  LAW  THAT  IS
CLASSIFIED  AS  A  CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH
REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE  DEFENDANT  BE  EIGHTEEN
YEARS  OF  AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION
120.03 (VEHICULAR ASSAULT  IN  THE  SECOND  DEGREE);  120.04  (VEHICULAR
ASSAULT  IN  THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR ASSAULT);
125.10 (CRIMINALLY NEGLIGENT HOMICIDE);  125.11  (AGGRAVATED  CRIMINALLY

S. 6406                            112                           A. 9006

NEGLIGENT  HOMICIDE);  125.12  (VEHICULAR  MANSLAUGHTER  IN  THE  SECOND
DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN  THE  FIRST  DEGREE);  125.14
(AGGRAVATED  VEHICULAR  HOMICIDE);  125.15  (MANSLAUGHTER  IN THE SECOND
DEGREE);  125.20  (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED
MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED  MANSLAUGHTER  IN
THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE);
130.75  (COURSE  OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE);
215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT  THE
CRIMINAL  PROCEEDING  IN  WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH
SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH A  WITNESS
IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE
PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT
THE  CRIMINAL  PROCEEDING  IN  WHICH  THE PERSON IS TAMPERING IS ONE FOR
WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL
CONTEMPT);  130.95  (PREDATORY   SEXUAL   ASSAULT);   220.18   (CRIMINAL
POSSESSION  OF  A  CONTROLLED  SUBSTANCE  IN  THE SECOND DEGREE); 220.21
(CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE  IN  THE  FIRST  DEGREE);
220.41  (CRIMINAL  SALE OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE);
220.43 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN  THE  FIRST  DEGREE);
220.77  (OPERATING AS A MAJOR TRAFFICKER); 460.22 (AGGRAVATED ENTERPRISE
CORRUPTION); 490.45 (CRIMINAL POSSESSION  OF  A  CHEMICAL  WEAPON  OR  A
BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMI-
CAL  WEAPON OR A BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.55 (CRIMI-
NAL USE OF A CHEMICAL  WEAPON  OR  A  BIOLOGICAL  WEAPON  IN  THE  FIRST
DEGREE);  ACTS  CONSTITUTING  A SPECIFIED OFFENSE DEFINED IN SUBDIVISION
TWO OF SECTION 130.91 OF THE PENAL LAW  WHEN  COMMITTED  AS  A  SEXUALLY
MOTIVATED  FELONY;  ACTS  CONSTITUTING  A  SPECIFIED  OFFENSE DEFINED IN
SUBDIVISION THREE OF SECTION 490.05 OF THE PENAL LAW WHEN  COMMITTED  AS
AN  ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN ARTICLE FOUR
HUNDRED NINETY OF THE PENAL LAW; AND ACTS CONSTITUTING A CRIME SET FORTH
IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 OF THE PENAL LAW
PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS ONE  FOR
WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE.
  S  47. Subdivision 1 of section 500-a of the correction law is amended
by adding a new paragraph (h) to read as follows:
  (H) NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW  COMMENCING  JANUARY
FIRST,  TWO  THOUSAND  EIGHTEEN,  NO  COUNTY  JAIL SHALL BE USED FOR THE
CONFINEMENT OF ANY PERSON UNDER THE AGE OF SEVENTEEN  WHO  IS  SENTENCED
FOR  AN  OFFENSE COMMITTED ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGH-
TEEN, AND, COMMENCING JANUARY FIRST, TWO THOUSAND  NINETEEN,  NO  COUNTY
JAIL  SHALL  BE  USED FOR THE CONFINEMENT OF ANY PERSON UNDER THE AGE OF
EIGHTEEN WHO IS SENTENCED FOR AN OFFENSE COMMITTED ON OR  AFTER  JANUARY
FIRST,  TWO  THOUSAND NINETEEN.   PLACEMENT OF ANY PERSON WHO MAY NOT BE
CONFINED TO A COUNTY JAIL PURSUANT TO THIS SUBDIVISION SHALL  BE  DETER-
MINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  S  48.  The  criminal procedure law is amended by adding a new section
160.59 to read as follows:
S 160.59 SEALING OF CERTAIN CONVICTIONS.
  1. DEFINITIONS: AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
HAVE THE FOLLOWING MEANINGS;
  (A)  "ELIGIBLE  CONVICTION" SHALL MEAN ANY OFFENSE DEFINED IN THE LAWS
OF THIS STATE OTHER THAN A SEX OFFENSE DEFINED IN  ARTICLE  ONE  HUNDRED
THIRTY  OF  THE  PENAL  LAW,  AN  OFFENSE DEFINED IN ARTICLE TWO HUNDRED
SIXTY-THREE OF THE PENAL LAW, A FELONY OFFENSE DEFINED  IN  ARTICLE  ONE
HUNDRED  TWENTY-FIVE  OF THE PENAL LAW, A VIOLENT FELONY OFFENSE DEFINED

S. 6406                            113                           A. 9006

IN SECTION 70.02 OF THE PENAL LAW, A CLASS A FELONY OFFENSE  DEFINED  IN
THE PENAL LAW OTHER THAN A CLASS A FELONY OFFENSE DEFINED IN ARTICLE TWO
HUNDRED TWENTY OF THE PENAL LAW, OR AN OFFENSE FOR WHICH REGISTRATION AS
A  SEX  OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION
LAW.
  (B) "SENTENCING JUDGE" SHALL MEAN THE JUDGE  WHO  PRONOUNCED  SENTENCE
UPON  THE  CONVICTION UNDER CONSIDERATION, OR IF THAT JUDGE IS NO LONGER
SITTING IN A COURT IN THE  JURISDICTION  IN  WHICH  THE  CONVICTION  WAS
OBTAINED, ANY OTHER JUDGE WHO IS SITTING IN THE CRIMINAL COURT WHERE THE
JUDGMENT OF CONVICTION WAS ENTERED.
  2.  (A)  A  DEFENDANT  WHO  HAS  BEEN  CONVICTED OF UP TO TWO ELIGIBLE
OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE MAY APPLY TO THE COURT  IN
WHICH  HE  OR SHE WAS CONVICTED OF THE MOST SERIOUS OFFENSE TO HAVE SUCH
CONVICTION SEALED. IF ALL OFFENSES ARE OFFENSES WITH  THE  SAME  CLASSI-
FICATION,  THE  APPLICATION  SHALL  BE  MADE  TO  THE COURT IN WHICH THE
DEFENDANT WAS LAST CONVICTED.
  (B) AN APPLICATION SHALL CONTAIN (I) A COPY OF A CERTIFICATE OF DISPO-
SITION OR OTHER SIMILAR DOCUMENTATION FOR  ANY  OFFENSE  FOR  WHICH  THE
DEFENDANT  HAS BEEN CONVICTED, OR AN EXPLANATION OF WHY SUCH CERTIFICATE
OR OTHER DOCUMENTATION IS NOT AVAILABLE; (II) A SWORN STATEMENT  OF  THE
DEFENDANT  AS  TO  WHETHER HE OR SHE HAS FILED, OR THEN INTENDS TO FILE,
ANY APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE; (III) A  COPY
OF  ANY OTHER SUCH APPLICATION THAT HAS BEEN FILED; AND (IV) A STATEMENT
AS TO THE CONVICTION OR CONVICTIONS FOR WHICH RELIEF IS BEING SOUGHT.
  (C) A COPY OF ANY APPLICATION FOR SUCH SEALING SHALL  BE  SERVED  UPON
THE  DISTRICT  ATTORNEY  OF  THE  COUNTY  IN  WHICH  THE  CONVICTION WAS
OBTAINED.
  (D) WHEN SUCH APPLICATION  IS  FILED  WITH  THE  COURT,  IT  SHALL  BE
ASSIGNED  TO  THE  SENTENCING  JUDGE UNLESS MORE THAN ONE APPLICATION IS
FILED IN WHICH CASE THE APPLICATION SHALL  BE  ASSIGNED  TO  THE  COUNTY
COURT  OR THE SUPREME COURT OF THE COUNTY IN WHICH THE CRIMINAL COURT IS
LOCATED, WHO SHALL REQUEST AND RECEIVE FROM  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES  A  FINGERPRINT  BASED  CRIMINAL HISTORY RECORD OF THE
DEFENDANT, INCLUDING ANY SEALED OR SUPPRESSED RECORDS. THE  DIVISION  OF
CRIMINAL  JUSTICE SERVICES ALSO SHALL INCLUDE A CRIMINAL HISTORY REPORT,
IF ANY, FROM THE FEDERAL BUREAU OF INVESTIGATION REGARDING ANY  CRIMINAL
HISTORY  INFORMATION  THAT OCCURRED IN OTHER JURISDICTIONS. THE DIVISION
IS HEREBY AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU
OF INVESTIGATION FOR THIS PURPOSE, AND TO MAKE SUCH  INFORMATION  AVAIL-
ABLE  TO  THE  COURT,  WHICH  MAY MAKE THIS INFORMATION AVAILABLE TO THE
DISTRICT ATTORNEY AND THE DEFENDANT.
  3. THE SENTENCING JUDGE, OR COUNTY OR SUPREME  COURT  SHALL  SUMMARILY
DENY THE DEFENDANT'S APPLICATION WHEN:
  (A)  THE  DEFENDANT IS REQUIRED TO REGISTER AS A SEX OFFENDER PURSUANT
TO ARTICLE SIX-C OF THE CORRECTION LAW; OR
  (B) THE DEFENDANT HAS  PREVIOUSLY  OBTAINED  SEALING  OF  THE  MAXIMUM
NUMBER  OF  CONVICTIONS  ALLOWABLE  UNDER SECTION 160.58 OF THE CRIMINAL
PROCEDURE LAW; OR
  (C) THE DEFENDANT HAS  PREVIOUSLY  OBTAINED  SEALING  OF  THE  MAXIMUM
NUMBER  OF CONVICTIONS ALLOWABLE UNDER SUBDIVISION FOUR OF THIS SECTION;
OR
  (D) THE TIME PERIOD SPECIFIED IN SUBDIVISION FIVE OF THIS SECTION  HAS
NOT YET BEEN SATISFIED; OR
  (E) THE DEFENDANT HAS AN UNDISPOSED ARREST OR CHARGE PENDING; OR
  (F)  THE  DEFENDANT WAS CONVICTED OF ANY OFFENSE AFTER THE DATE OF THE
ENTRY OF JUDGEMENT OF THE LAST CONVICTION FOR WHICH SEALING IS SOUGHT.

S. 6406                            114                           A. 9006

  4. PROVIDED THAT THE APPLICATION  IS  NOT  SUMMARILY  DENIED  FOR  THE
REASONS  SET FORTH IN SUBDIVISION THREE OF THIS SECTION, A DEFENDANT WHO
STANDS CONVICTED OF UP TO TWO ELIGIBLE OFFENSES, MAY OBTAIN  SEALING  OF
NO MORE THAN TWO ELIGIBLE OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE.
  5.  ANY  ELIGIBLE  OFFENSE MAY BE SEALED ONLY AFTER AT LEAST TEN YEARS
HAVE PASSED SINCE THE ENTRY OF THE JUDGMENT OF  THE  DEFENDANT'S  LATEST
CONVICTION  OR, IF THE DEFENDANT WAS SENTENCED TO INCARCERATION, INCLUD-
ING A PERIOD OF INCARCERATION IMPOSED IN CONJUNCTION WITH A SENTENCE  OF
PROBATION,  THE DEFENDANT'S RELEASE FROM INCARCERATION IMPOSED ON HIS OR
HER LATEST CONVICTION.
  6. UPON DETERMINING THAT THE APPLICATION IS NOT SUBJECT  TO  MANDATORY
DENIAL PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND THAT THE APPLI-
CATION  IS  OPPOSED  BY  THE  DISTRICT ATTORNEY, THE SENTENCING JUDGE OR
COUNTY OR SUPREME COURT SHALL CONDUCT A HEARING ON  THE  APPLICATION  IN
ORDER  TO  CONSIDER  ANY EVIDENCE OFFERED BY EITHER PARTY THAT WOULD AID
THE SENTENCING JUDGE IN HIS OR HER DECISION WHETHER TO SEAL THE  RECORDS
OF  THE  DEFENDANT'S CONVICTIONS. NO HEARING IS REQUIRED IF THE DISTRICT
ATTORNEY DOES NOT OPPOSE THE APPLICATION.
  7. IN CONSIDERING ANY SUCH APPLICATION, THE SENTENCING JUDGE OR COUNTY
OR SUPREME COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT  NOT
LIMITED TO:
  (A)  THE  AMOUNT  OF  TIME THAT HAS ELAPSED SINCE THE DEFENDANT'S LAST
CONVICTION;
  (B) THE CIRCUMSTANCES AND SERIOUSNESS OF THE  OFFENSE  FOR  WHICH  THE
DEFENDANT IS SEEKING RELIEF;
  (C)  THE CIRCUMSTANCES AND SERIOUSNESS OF ANY OTHER OFFENSES FOR WHICH
THE DEFENDANT STANDS CONVICTED;
  (D) THE CHARACTER OF THE DEFENDANT, INCLUDING ANY  MEASURES  THAT  THE
DEFENDANT  HAS  TAKEN  TOWARD  REHABILITATION,  SUCH AS PARTICIPATING IN
TREATMENT PROGRAMS, WORK, OR SCHOOLING, AND PARTICIPATING  IN  COMMUNITY
SERVICE OR OTHER VOLUNTEER PROGRAMS;
  (E)  ANY  STATEMENTS  MADE  BY THE VICTIM OF THE OFFENSE FOR WHICH THE
DEFENDANT IS SEEKING RELIEF;
  (F) THE IMPACT OF SEALING THE DEFENDANT'S RECORD UPON HIS OR HER REHA-
BILITATION AND UPON HIS OR HER SUCCESSFUL  AND  PRODUCTIVE  REENTRY  AND
REINTEGRATION INTO SOCIETY; AND
  (G)  THE IMPACT OF SEALING THE DEFENDANT'S RECORD ON PUBLIC SAFETY AND
UPON THE PUBLIC'S CONFIDENCE IN AND RESPECT FOR THE LAW.
  8. WHEN A SENTENCING JUDGE OR COUNTY OR SUPREME COURT  ORDERS  SEALING
PURSUANT  TO  THIS  SECTION, ALL OFFICIAL RECORDS AND PAPERS RELATING TO
THE ARRESTS, PROSECUTIONS, AND CONVICTIONS, INCLUDING ALL DUPLICATES AND
COPIES THEREOF, ON FILE WITH THE DIVISION OF CRIMINAL  JUSTICE  SERVICES
OR  ANY  COURT  SHALL  BE SEALED AND NOT MADE AVAILABLE TO ANY PERSON OR
PUBLIC OR PRIVATE AGENCY EXCEPT AS PROVIDED FOR IN SUBDIVISION  NINE  OF
THIS  SECTION;  PROVIDED, HOWEVER, THE DIVISION SHALL RETAIN ANY FINGER-
PRINTS, PALMPRINTS AND PHOTOGRAPHS, OR DIGITAL IMAGES OF THE  SAME.  THE
CLERK  OF  SUCH  COURT  SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES REGARDING THE RECORDS  THAT  SHALL
BE  SEALED  PURSUANT  TO  THIS  SECTION. THE CLERK ALSO SHALL NOTIFY ANY
COURT IN WHICH THE DEFENDANT HAS STATED, PURSUANT TO  PARAGRAPH  (B)  OF
SUBDIVISION  TWO OF THIS SECTION, THAT HE OR SHE HAS FILED OR INTENDS TO
FILE AN APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE.
  9. RECORDS SEALED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO:
  (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT;
  (B) QUALIFIED AGENCIES, AS DEFINED  IN  SUBDIVISION  NINE  OF  SECTION
EIGHT  HUNDRED  THIRTY-FIVE  OF THE EXECUTIVE LAW, AND FEDERAL AND STATE

S. 6406                            115                           A. 9006

LAW ENFORCEMENT AGENCIES, WHEN ACTING WITHIN  THE  SCOPE  OF  THEIR  LAW
ENFORCEMENT DUTIES; OR
  (C)  ANY  STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE  APPLICA-
TION FOR SUCH A LICENSE; OR
  (D)  ANY  PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR  OF
SECTION  1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR EMPLOY-
MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
PERSON WHO IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER  OR  PEACE
OFFICER  SHALL  BE  FURNISHED  WITH A COPY OF ALL RECORDS OBTAINED UNDER
THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
TO; OR
  (E) THE CRIMINAL JUSTICE INFORMATION SERVICES DIVISION OF THE  FEDERAL
BUREAU  OF  INVESTIGATION,  FOR THE PURPOSES OF RESPONDING TO QUERIES TO
THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM REGARDING ATTEMPTS
TO PURCHASE OR OTHERWISE TAKE POSSESSION OF FIREARMS, AS DEFINED  IN  18
USC 921 (A) (3).
  S  48-a.  Subdivision 16 of section 296 of the executive law, as sepa-
rately amended by section 3 of part N and section  14  of  part  AAA  of
chapter 56 of the laws of 2009, is amended to read as follows:
  16.  It  shall  be an unlawful discriminatory practice, unless specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
involved,  any arrest or criminal accusation of such individual not then
pending against that individual which was followed by a  termination  of
that  criminal  action  or  proceeding  in  favor of such individual, as
defined in subdivision two of section 160.50 of the  criminal  procedure
law,  or  by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law, or by a  conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure  law  or by a conviction which is sealed pursuant to section 160.59
OR 160.58 of the criminal procedure law, in connection with the  licens-
ing,  employment or providing of credit or insurance to such individual;
provided, further, that no person shall be required to divulge  informa-
tion  pertaining to any arrest or criminal accusation of such individual
not then pending against that individual which was followed by a  termi-
nation  of  that criminal action or proceeding in favor of such individ-
ual, as defined in subdivision two of section  160.50  of  the  criminal
procedure  law,  or  by  a youthful offender adjudication, as defined in
subdivision one of section 720.35 of the criminal procedure law, or by a
conviction for a violation sealed pursuant  to  section  160.55  of  the
criminal  procedure  law, or by a conviction which is sealed pursuant to
section 160.58 OR 160.59 of the criminal procedure law.  The  provisions
of  this  subdivision  shall  not  apply  to the licensing activities of
governmental bodies in relation to the regulation of guns, firearms  and
other  deadly weapons or in relation to an application for employment as
a police officer or peace officer as those terms are defined in subdivi-
sions thirty-three and thirty-four  of  section  1.20  of  the  criminal
procedure  law; provided further that the provisions of this subdivision
shall not apply to an application for employment or  membership  in  any
law enforcement agency with respect to any arrest or criminal accusation
which  was  followed  by a youthful offender adjudication, as defined in
subdivision one of section 720.35 of the criminal procedure law, or by a

S. 6406                            116                           A. 9006

conviction for a violation sealed pursuant  to  section  160.55  of  the
criminal  procedure  law, or by a conviction which is sealed pursuant to
section 160.58 OR 160.59 of the criminal procedure law.
  S  49.  Subdivision 3 of section 720.15 of the criminal procedure law,
as amended by chapter 774 of the laws of 1985, is  amended  to  read  as
follows:
  3.  The provisions of subdivisions one and two of this section requir-
ing or authorizing the accusatory instrument filed against a youth to be
sealed, and the arraignment and all proceedings  in  the  action  to  be
conducted in private shall not apply in connection with a pending charge
of  committing  any [felony] offense [as] defined in ARTICLE ONE HUNDRED
THIRTY OR ARTICLE  TWO  HUNDRED  SIXTY-THREE  OF  the  penal  law.  [The
provisions  of subdivision one requiring the accusatory instrument filed
against a youth to be sealed shall not apply where such youth has previ-
ously been adjudicated a youthful offender or convicted of a crime.]
  S 50. Subdivision 1 of section 720.20 of the criminal  procedure  law,
as  amended  by  chapter  652 of the laws of 1974, is amended to read as
follows:
  1.  Upon conviction of an eligible youth, the court must order a  pre-
sentence  investigation  of  the defendant.   After receipt of a written
report of the investigation and at the time of pronouncing sentence  the
court  must  determine  whether  or not the eligible youth is a youthful
offender.  Such determination shall be in accordance with the  following
criteria:
  (a)    If in the opinion of the court the interest of justice would be
served by relieving the eligible youth  from  the  onus  of  a  criminal
record and by not imposing an indeterminate term of imprisonment of more
than  four  years,  the  court may, in its discretion, find the eligible
youth is a youthful offender; [and]
  (b)  Where the conviction is had in a local  criminal  court  and  the
eligible youth had not prior to commencement of trial or entry of a plea
of  guilty  been  convicted of a crime or found a youthful offender, the
court must find he is a youthful offender[.]; AND
  (C) THERE SHALL BE A PRESUMPTION TO GRANT YOUTHFUL OFFENDER STATUS  TO
AN  ELIGIBLE  YOUTH  WHO HAS NOT PREVIOUSLY BEEN CONVICTED AND SENTENCED
FOR A FELONY, UNLESS THE DISTRICT ATTORNEY UPON  MOTION  WITH  NOT  LESS
THAN  SEVEN  DAYS'  NOTICE  TO SUCH PERSON OR HIS OR HER ATTORNEY DEMON-
STRATES TO THE SATISFACTION OF THE COURT THAT THE INTERESTS  OF  JUSTICE
REQUIRES OTHERWISE.
  S 51. Intentionally omitted.
  S 52. Intentionally omitted.
  S 53. Intentionally omitted.
  S 54. Paragraph (vi) of subdivision (a) and subdivision (e) of section
115  of  the  family  court  act,  paragraph  (vi) of subdivision (a) as
amended and subdivision (e) as added by chapter 222 of the laws of 1994,
are amended to read as follows:
  (vi) proceedings concerning juvenile delinquency as set forth in arti-
cle three THAT ARE COMMENCED IN FAMILY COURT.
  (e) The family court has concurrent  jurisdiction  with  the  criminal
court  over  all family offenses as defined in article eight of this act
AND HAS CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR  COURT
OVER  ANY  JUVENILE DELINQUENCY PROCEEDING RESULTING FROM THE REMOVAL OF
THE  CASE  TO  THE  FAMILY  COURT  PURSUANT  TO  ARTICLE  SEVEN  HUNDRED
TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
  S  55.  Subdivision  (b)  of  section  117  of the family court act is
REPEALED and a new subdivision (b) is added to read as follows:

S. 6406                            117                           A. 9006

  (B) THERE IS HEREBY ESTABLISHED IN THE FAMILY COURT IN THE CITY OF NEW
YORK AT LEAST ONE "DESIGNATED FELONY ACT PART" WHICH SHALL BE HELD SEPA-
RATE FROM ALL OTHER PROCEEDINGS OF THE COURT, AND SHALL  HAVE  JURISDIC-
TION  OVER  ALL JUVENILE DELINQUENCY PROCEEDINGS INVOLVING AN ALLEGATION
THAT A PERSON COMMITTED AN ACT THAT WOULD CONSTITUTE A DESIGNATED FELONY
ACT  AS  DEFINED  IN  SUBDIVISION EIGHT OF SECTION 301.2 OF THIS CHAPTER
THAT ARE NOT REFERRED TO THE YOUTH PART OF A SUPERIOR  COURT.  ALL  SUCH
PROCEEDINGS  SHALL  BE ORIGINATED IN OR BE TRANSFERRED TO SUCH PART FROM
OTHER PARTS AS THEY ARE MADE KNOWN TO THE COURT.   OUTSIDE THE  CITY  OF
NEW  YORK,  ALL  PROCEEDINGS  INVOLVING  SUCH AN ALLEGATION SHALL HAVE A
HEARING PREFERENCE OVER EVERY OTHER  PROCEEDING  IN  THE  COURT,  EXCEPT
PROCEEDINGS UNDER ARTICLE TEN OF THIS CHAPTER.
  S 56. Subdivision 1 of section 301.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  1.  "Juvenile  delinquent"  means  a  person [over seven and less than
sixteen years of age, who, having committed an act that would constitute
a crime if committed by an adult, (a) is not criminally responsible  for
such  conduct by reason of infancy, or (b) is the defendant in an action
ordered removed from a criminal court to the family  court  pursuant  to
article seven hundred twenty-five of the criminal procedure law]:
  (A) WHO IS:
  (I) TEN OR ELEVEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTI-
TUTE  A  CRIME AS DEFINED IN SECTION 125.27 (MURDER IN THE FIRST DEGREE)
OR 125.25 (MURDER IN THE SECOND DEGREE) OF THE PENAL LAW IF COMMITTED BY
AN ADULT; OR
  (II) AT LEAST TWELVE YEARS OF AGE AND LESS THAN SIXTEEN YEARS  OF  AGE
WHO  COMMITTED  AN  ACT THAT WOULD CONSTITUTE A CRIME IF COMMITTED BY AN
ADULT; OR
  (III) SIXTEEN YEARS OF AGE OR COMMENCING JANUARY FIRST,  TWO  THOUSAND
NINETEEN,  SIXTEEN  OR  SEVENTEEN YEARS OF AGE WHO COMMITTED AN ACT THAT
WOULD CONSTITUTE A CRIME, OR DISORDERLY CONDUCT AS  DEFINED  IN  SECTION
240.20  OF  THE PENAL LAW, OR HARASSMENT IN THE SECOND DEGREE AS DEFINED
IN SECTION 240.26 OF THE PENAL LAW IF COMMITTED BY AN ADULT; AND
  (B) WHO IS EITHER:
  (I) NOT CRIMINALLY RESPONSIBLE FOR SUCH CONDUCT BY REASON OF  INFANCY;
OR
  (II)  THE  DEFENDANT  IN  AN  ACTION  BASED  ON SUCH ACT THAT HAS BEEN
ORDERED REMOVED TO THE FAMILY COURT PURSUANT TO  ARTICLE  SEVEN  HUNDRED
TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
  S  57.  Subdivisions 8 and 9 of section 301.2 of the family court act,
subdivision 8 as amended by chapter 7 of the laws of 2007  and  subdivi-
sion  9 as added by chapter 920 of the laws of 1982, are amended to read
as follows:
  8. "Designated felony act" means an act which, if done  by  an  adult,
would  be  a  crime: (i) defined in sections 125.27 (murder in the first
degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
first degree); or 150.20 (arson in the first degree) of  the  penal  law
committed  by  a person thirteen, fourteen [or], fifteen, OR SIXTEEN, OR
COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years of age;
or such conduct committed as a sexually motivated felony, where  author-
ized  pursuant  to  section  130.91  of  the  penal law; (ii) defined in
sections 120.10 (assault in the first degree); 125.20  (manslaughter  in
the  first  degree); 130.35 (rape in the first degree); 130.50 (criminal
sexual act in the first degree); 130.70 (aggravated sexual abuse in  the
first  degree);  135.20 (kidnapping in the second degree) but only where
the abduction involved the use or  threat  of  use  of  deadly  physical

S. 6406                            118                           A. 9006

force;  150.15  (arson  in  the second degree) or 160.15 (robbery in the
first degree) of the penal law committed by a person thirteen,  fourteen
[or],  fifteen,  OR  SIXTEEN, OR, COMMENCING JANUARY FIRST, TWO THOUSAND
NINETEEN, SEVENTEEN years of age; or such conduct committed as a sexual-
ly  motivated felony, where authorized pursuant to section 130.91 of the
penal law; (iii) defined in the penal law as an attempt to commit murder
in the first or second degree or kidnapping in the first degree  commit-
ted  by  a  person  thirteen,  fourteen  [or],  fifteen,  OR SIXTEEN, OR
COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years of age;
or such conduct committed as a sexually motivated felony, where  author-
ized  pursuant  to  section  130.91  of  the  penal law; (iv) defined in
section 140.30 (burglary  in  the  first  degree);  subdivision  one  of
section  140.25  (burglary  in  the  second  degree); subdivision two of
section 160.10 (robbery in the second  degree)  of  the  penal  law;  or
section  265.03 of the penal law, where such machine gun or such firearm
is possessed on school grounds, as that phrase is defined in subdivision
fourteen of section 220.00 of the penal law committed by a person  four-
teen  or  fifteen  years of age; or such conduct committed as a sexually
motivated felony, where authorized pursuant to  section  130.91  of  the
penal  law; (v) defined in section 120.05 (assault in the second degree)
or 160.10 (robbery in the second degree) of the penal law committed by a
person fourteen [or], fifteen, OR SIXTEEN OR, COMMENCING JANUARY  FIRST,
TWO  THOUSAND  NINETEEN, SEVENTEEN years of age but only where there has
been a prior finding by a court that such person has previously  commit-
ted  an  act  which,  if  committed  by  an adult, would be the crime of
assault in the second degree, robbery in the second degree or any desig-
nated felony act specified in paragraph (i),  (ii),  or  (iii)  of  this
subdivision  regardless  of  the  age  of such person at the time of the
commission of the prior act; [or] (vi) other than a misdemeanor  commit-
ted  by  a person at least [seven] TWELVE but less than [sixteen] SEVEN-
TEEN years of age, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN  A
PERSON  AT  LEAST  TWELVE  BUT LESS THAN EIGHTEEN YEARS OF AGE, but only
where there has been two prior findings by the court  that  such  person
has committed a prior felony; OR (VII) DEFINED IN SECTION 125.10 (CRIMI-
NAL  NEGLIGENT HOMICIDE) OF THE PENAL LAW; 125.11 (AGGRAVATED CRIMINALLY
NEGLIGENT HOMICIDE) OF THE PENAL LAW; 125.15 (MANSLAUGHTER IN THE SECOND
DEGREE) OF THE PENAL LAW; 125.21 (AGGRAVATED MANSLAUGHTER IN THE  SECOND
DEGREE)  OF  THE PENAL LAW; 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST
DEGREE) OF THE PENAL LAW; 130.75 (COURSE OF  SEXUAL  CONDUCT  AGAINST  A
CHILD)  OF THE PENAL LAW; 130.95 (PREDATORY SEXUAL ASSAULT) OF THE PENAL
LAW; 220.77 (OPERATING AS A MAJOR TRAFFICKER) OF THE PENAL  LAW;  490.45
(CRIMINAL  POSSESSION OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE
FIRST DEGREE) OF THE PENAL LAW; 490.55 (CRIMINAL USE OF A CHEMICAL WEAP-
ON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE) OF THE  PENAL  LAW;  ACTS
CONSTITUTING A SPECIFIED OFFENSE DEFINED IN 130.91 OF THE PENAL LAW WHEN
COMMITTED  AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPECIFIED
OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THE PENAL  LAW
WHEN  COMMITTED  AS  AN  ACT OF TERRORISM; OR ACTS CONSTITUTING A FELONY
DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW, COMMITTED BY  A
PERSON AT LEAST TWELVE BUT LESS THAN SEVENTEEN YEARS OF AGE, OR COMMENC-
ING  JANUARY  FIRST,  TWO THOUSAND NINETEEN, LESS THAN EIGHTEEN YEARS OF
AGE.
  9. "Designated class A felony  act"  means  a  designated  felony  act
[defined  in paragraph (i) of subdivision eight] THAT WOULD CONSTITUTE A
CLASS A FELONY IF COMMITTED BY AN ADULT.

S. 6406                            119                           A. 9006

  S 58. Subdivision 1 of section 302.1 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  1.  The  family  court  has  exclusive  original jurisdiction over any
proceeding to determine  whether  a  person  is  a  juvenile  delinquent
COMMENCED  IN  FAMILY  COURT  AND CONCURRENT JURISDICTION WITH THE YOUTH
PART OF A SUPERIOR COURT OVER ANY SUCH PROCEEDING REMOVED TO THE  FAMILY
COURT  PURSUANT  TO  ARTICLE  SEVEN  HUNDRED TWENTY-FIVE OF THE CRIMINAL
PROCEDURE LAW.
  S 59. Section 304.1 of the family court act, as added by  chapter  920
of the laws of 1982, subdivision 2 as amended by chapter 419 of the laws
of 1987, is amended to read as follows:
  S 304.1. Detention. 1. A facility certified by the [state division for
youth]  OFFICE  OF  CHILDREN AND FAMILY SERVICES as a juvenile DETENTION
facility must be operated in conformity  with  the  regulations  of  the
[state  division  for  youth  and shall be subject to the visitation and
inspection of the state board of social welfare] OFFICE OF CHILDREN  AND
FAMILY SERVICES.
  2.  No child to whom the provisions of this article may apply shall be
detained in any prison, jail, lockup, or other  place  used  for  adults
convicted  of  crime  or under arrest and charged with crime without the
approval of the [state division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES in the case of each child and  the  statement  of  its  reasons
therefor.   The [state division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES shall promulgate and publish the rules which it shall apply  in
determining whether approval should be granted pursuant to this subdivi-
sion.
  3.  [The  detention  of  a  child  under  ten years of age in a secure
detention facility shall not be directed under any of the provisions  of
this article.
  4.] A detention facility which receives a child under subdivision four
of  section  305.2  OF  THIS  PART  shall immediately notify the child's
parent or other person legally responsible for his OR HER  care  or,  if
such  legally responsible person is unavailable the person with whom the
child resides, that he OR SHE has been placed in detention.
  S 60. Subdivision 1 of section 304.2 of the family court act, as added
by chapter 683 of the laws of 1984, is amended to read as follows:
  (1) Upon application by the presentment agency, OR UPON APPLICATION BY
THE PROBATION SERVICE AS PART OF THE ADJUSTMENT OF A CASE, the court may
issue a temporary order of protection  against  a  respondent  for  good
cause  shown,  ex  parte or upon notice, at any time after a juvenile is
taken into custody, pursuant to section 305.1 or 305.2 or upon the issu-
ance of an appearance ticket pursuant  to  section  307.1  or  upon  the
filing of a petition pursuant to section 310.1 OF THIS PART.
  S 61. Subdivision 1 of section 305.1 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  1.  A  private  person may take a child [under the age of sixteen] WHO
MAY BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR COMMITTING  AN  ACT
THAT  WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody in cases in
which [he] SUCH PRIVATE PERSON may arrest an adult  for  a  crime  under
section 140.30 of the criminal procedure law.
  S 62. Subdivision 2 of section 305.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  2.  An  officer may take a child [under the age of sixteen] WHO MAY BE
SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR  COMMITTING  AN  ACT  THAT
WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody without a warrant

S. 6406                            120                           A. 9006

in cases in which [he] THE OFFICER may arrest a person for a crime under
article one hundred forty of the criminal procedure law.
  S  63.  Paragraph  (b) of subdivision 4 of section 305.2 of the family
court act, as amended by chapter 492 of the laws of 1987, is amended  to
read as follows:
  (b)  forthwith  and with all reasonable speed take the child directly,
and without his first being taken to the police station  house,  to  the
family  court  located  in  the  county in which the act occasioning the
taking into custody allegedly was committed, OR, WHEN THE  FAMILY  COURT
IS NOT IN SESSION, TO THE MOST ACCESSIBLE MAGISTRATE, IF ANY, DESIGNATED
BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPART-
MENT  TO  CONDUCT A HEARING UNDER SECTION 307.4 OF THIS PART, unless the
officer determines that it is necessary to question the child, in  which
case  he OR SHE may take the child to a facility designated by the chief
administrator of the courts as a suitable place for the  questioning  of
children  or,  upon  the  consent  of  a  parent or other person legally
responsible for the care of the child,  to  the  child's  residence  and
there question him OR HER for a reasonable period of time; or
  S  64.  Subdivision  1  of  section  306.1 of the family court act, as
amended by chapter 645 of the laws  of  1996,  is  amended  to  read  as
follows:
  1.  Following  the  arrest  of a child alleged to be a juvenile delin-
quent, or the filing of a delinquency petition involving a child who has
not been arrested, the arresting officer  or  other  appropriate  police
officer  or  agency shall take or cause to be taken fingerprints of such
child if:
  (a) the child is eleven years of age or older and the crime  which  is
the  subject  of  the arrest or which is charged in the petition consti-
tutes a class [A or B] A-I felony; [or] (b) THE CHILD IS TWELVE YEARS OF
AGE OR OLDER AND THE CRIME WHICH IS THE SUBJECT OF THE ARREST  OR  WHICH
IS CHARGED IN THE PETITION CONSTITUTES A CLASS A OR B FELONY; OR
  (C) the child is thirteen years of age or older and the crime which is
the  subject  of  the arrest or which is charged in the petition consti-
tutes a class C, D or E felony.
  S 65. Subdivisions 2 and 4 of section 307.3 of the family  court  act,
subdivision 2 as amended by chapter 419 of the laws of 1987 and subdivi-
sion  4 as added by chapter 920 of the laws of 1982, are amended to read
as follows:
  2. When practicable such agency may release a child before the  filing
of  a  petition  to  the  custody  of his OR HER parents or other person
legally responsible for his OR HER care, or if such legally  responsible
person is unavailable, to a person with whom he OR SHE resides, when the
events occasioning the taking into custody appear to involve allegations
that the child committed a  delinquent act; PROVIDED, HOWEVER, THAT SUCH
AGENCY MUST RELEASE THE CHILD IF:
  (A)  SUCH  EVENTS  APPEAR  TO  INVOLVE ONLY ALLEGATIONS THAT THE CHILD
COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE THAN A VIOLATION IF COMMIT-
TED BY AN ADULT; OR
  (B) SUCH EVENTS APPEAR TO INVOLVE  ONLY  ALLEGATIONS  THAT  THE  CHILD
COMMITTED  ACTS  THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
  (I) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY TO  ANOTHER
PERSON;
  (II)  THE  CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT
WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;

S. 6406                            121                           A. 9006

  (III) THE CHILD HAS NO MORE THAN ONE PRIOR  ADJUDICATION  FOR  AN  ACT
THAT  WOULD  CONSTITUTE  A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT
ACT ALSO DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED IN SUBDIVISION
NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON; AND
  (IV)  THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
  4.  If  the  agency for any reason does not release a child under this
section, such child shall be brought    before  the  appropriate  family
court, OR WHEN SUCH FAMILY COURT IS NOT IN SESSION, TO THE MOST ACCESSI-
BLE  MAGISTRATE,  IF  ANY,  DESIGNATED  BY THE APPELLATE DIVISION OF THE
SUPREME COURT IN THE APPLICABLE DEPARTMENT; PROVIDED, HOWEVER,  THAT  IF
SUCH  FAMILY  COURT  IS NOT IN SESSION AND IF A MAGISTRATE IS NOT AVAIL-
ABLE, SUCH YOUTH SHALL BE BROUGHT BEFORE SUCH FAMILY COURT within seven-
ty-two hours or the next day the court is in session, whichever is soon-
er. Such agency  shall  thereupon  file  an  application  for  an  order
pursuant to section 307.4 and shall forthwith serve a copy of the appli-
cation upon the appropriate presentment agency. Nothing in this subdivi-
sion shall preclude the adjustment of suitable cases pursuant to section
308.1.
  S  66.  The  section heading and subdivisions 1, 2, 3, 9, 12 and 13 of
section 308.1 of the family court act, the section heading and  subdivi-
sions 1, 3, 9, 12 and 13 as added by chapter 920 of the laws of 1982 and
subdivision  2  as  amended  by section 3 of part V of chapter 55 of the
laws of 2012, are amended to read as follows:
  [Rules of court for preliminary] PRELIMINARY procedure; ADJUSTMENT  OF
CASES.  1.  [Rules  of  court  shall authorize and determine the circum-
stances under which the] THE  probation  service  may  confer  with  any
person seeking to have a juvenile delinquency petition filed, the poten-
tial respondent and other interested persons concerning the advisability
of requesting that a petition be filed IN ACCORDANCE WITH THIS SECTION.
  2. (A) Except as provided in subdivisions three [and], four, AND THIR-
TEEN  of  this  section,  the probation service may[, in accordance with
rules of court,] ATTEMPT TO adjust [suitable  cases]  A  CASE  before  a
petition  is  filed IF THE PROBATION SERVICE DETERMINES THAT THE CASE IS
SUITABLE FOR ADJUSTMENT BASED ON THE ASSESSED LEVEL  OF  RISK  THAT  THE
CHILD  WILL  COMMIT  ANOTHER ACT THAT WOULD CONSTITUTE A CRIME AS DETER-
MINED BY A VALIDATED RISK ASSESSMENT INSTRUMENT AND THE  EXTENT  OF  ANY
PHYSICAL INJURY TO THE VICTIM.
  (B)  IF  A  CHILD IS ASSESSED AT A LOW LEVEL OF RISK AND THE EVENTS IN
THE CASE APPEAR TO INVOLVE ONLY ALLEGATIONS  THAT  THE  CHILD  COMMITTED
ACTS  THAT WOULD CONSTITUTE A VIOLATION OR A MISDEMEANOR IF COMMITTED BY
AN ADULT, THE PROBATION SERVICE MUST DILIGENTLY ATTEMPT  TO  ADJUST  THE
CASE.    SUCH  ATTEMPTS  MAY  INCLUDE THE USE OF A JUVENILE REVIEW BOARD
COMPRISED OF APPROPRIATE COMMUNITY MEMBERS TO WORK WITH  THE  CHILD  AND
HIS  OR HER FAMILY ON DEVELOPING RECOMMENDED ADJUSTMENT ACTIVITIES.  THE
PROBATION SERVICE MAY STOP ATTEMPTING TO ADJUST SUCH A CASE IF IT DETER-
MINES THAT THERE IS NO SUBSTANTIAL LIKELIHOOD THAT THE CHILD WILL  BENE-
FIT  FROM ATTEMPTS AT ADJUSTMENT IN THE TIME REMAINING FOR ADJUSTMENT OR
THE TIME FOR ADJUSTMENT HAS EXPIRED.
  (C) The inability of the respondent or  his  or  her  family  to  make
restitution shall not be a factor in a decision to adjust a case or in a
recommendation  to the presentment agency pursuant to subdivision six of
this section.

S. 6406                            122                           A. 9006

  (D) THE PROBATION SERVICE MAY MAKE AN APPLICATION TO THE COURT  FOR  A
TEMPORARY  ORDER  OF  PROTECTION  AS PART OF THE ADJUSTMENT OF A CASE IN
ACCORDANCE WITH SECTION 304.2 OF THIS PART.
  (E)  Nothing  in  this section shall prohibit the probation service or
the court from directing a respondent to obtain employment and  to  make
restitution  from  the  earnings  from  such employment. Nothing in this
section shall prohibit the probation service or the court from directing
an eligible person to complete an education reform program in accordance
with section four hundred fifty-eight-l of the social services law.
  3. The probation service shall not  ATTEMPT  TO  adjust  a  case  THAT
COMMENCED  IN  FAMILY COURT in which the child has allegedly committed a
designated felony act THAT INVOLVES ALLEGATIONS THAT  THE  CHILD  CAUSED
PHYSICAL  INJURY  TO  A  PERSON  unless  [it]  THE PROBATION SERVICE has
received the written approval of the court.
  9. Efforts at adjustment [pursuant  to  rules  of  court]  under  this
section  may  not extend for a period of more than two months [without],
OR, FOR A PERIOD OF MORE THAN  FOUR  MONTHS  IF  THE  PROBATION  SERVICE
DETERMINES  THAT  ADJUSTMENT  BEYOND  THE  FIRST TWO MONTHS IS WARRANTED
BECAUSE DOCUMENTED BARRIERS TO ADJUSTMENT EXIST OR CHANGES  NEED  TO  BE
MADE TO THE CHILD'S SERVICES PLAN, EXCEPT UPON leave of the court, which
may extend the ADJUSTMENT period for an additional two months.
  12.  The  probation  service shall certify to the division of criminal
justice services  and  to  the  appropriate  police  department  or  law
enforcement  agency  whenever  it  adjusts a case in which the potential
respondent's fingerprints were taken pursuant to section  306.1  in  any
manner  other than the filing of a petition for juvenile delinquency for
an act which, if committed by  an  adult,  would  constitute  a  felony,
provided,  however,  in  the case of a child [eleven or] twelve years of
age, such certification shall be made only if the act would constitute a
class A or B felony, OR, IN THE CASE OF A CHILD  ELEVEN  YEARS  OF  AGE,
SUCH  CERTIFICATION  SHALL  BE  MADE  ONLY IF THE ACT WOULD CONSTITUTE A
CLASS A-1 FELONY.
  13. The [provisions of  this  section]  PROBATION  SERVICE  shall  not
[apply]  ATTEMPT  TO  ADJUST  A  CASE  where the petition is an order of
removal to the family court pursuant to article  seven  hundred  twenty-
five  of  the  criminal procedure law UNLESS IT HAS RECEIVED THE WRITTEN
APPROVAL OF THE COURT.
  S 67. Paragraph (c) of subdivision 3 of section 311.1  of  the  family
court  act,  as  added by chapter 920 of the laws of 1982, is amended to
read as follows:
  (c) the fact that the respondent is a person [under sixteen years  of]
OF  THE  NECESSARY  age  TO  BE A JUVENILE DELINQUENT at the time of the
alleged act or acts;
  S 68. Subdivision 3 of section  320.5  of  the  family  court  act  is
amended by adding a new paragraph (a-1) to read as follows:
  (A-1)  NOTWITHSTANDING  PARAGRAPH  (A)  OF THIS SUBDIVISION, THE COURT
SHALL NOT DIRECT DETENTION IF:
  (I) THE EVENTS UNDERLYING THE INITIAL  APPEARANCE  APPEAR  TO  INVOLVE
ONLY  ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE NO
MORE THAN A VIOLATION IF COMMITTED BY AN ADULT; OR
  (II) SUCH EVENTS APPEAR TO INVOLVE ONLY  ALLEGATIONS  THAT  THE  CHILD
COMMITTED  ACTS  THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
  (1) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;

S. 6406                            123                           A. 9006

  (2)  THE  RESPONDENT  DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT
THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
  (3)  THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT
THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN  ADULT  AND  THAT
ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND
  (4)  THE  RESPONDENT  WAS  ASSESSED  AT  A  LOW RISK ON THE APPLICABLE
DETENTION RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF  CHILDREN
AND FAMILY SERVICES UNLESS THE COURT DETERMINES THAT DETENTION IS NECES-
SARY  BECAUSE  THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC
SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION IN THE COURT ORDER.
  S 69. Paragraphs (a) and (b) of subdivision 5 of section 322.2 of  the
family  court act, paragraph (a) as amended by chapter 41 of the laws of
2010 and paragraph (b) as added by chapter 920 of the laws of 1982,  are
amended to read as follows:
  5. (a) If the court finds that there is probable cause to believe that
the respondent committed a felony, it shall order the respondent commit-
ted  to  the custody of the commissioner of mental health or the commis-
sioner of [mental retardation and] PERSONS WITH developmental  disabili-
ties  for an initial period not to exceed one year from the date of such
order. Such period may be extended annually upon further application  to
the  court  by  the  commissioner having custody or his or her designee.
Such application must be made not more than  sixty  days  prior  to  the
expiration  of  such  period  on  forms that have been prescribed by the
chief administrator of the courts. At that time, the  commissioner  must
give  written  notice  of the application to the respondent, the counsel
representing the respondent and the mental hygiene legal service if  the
respondent  is  at a residential facility. Upon receipt of such applica-
tion, the court must conduct a hearing to determine the issue of capaci-
ty. If, at the conclusion of a hearing conducted pursuant to this subdi-
vision, the court finds that the respondent is no longer  incapacitated,
he  or she shall be returned to the family court for further proceedings
pursuant to this article. If the court is satisfied that the  respondent
continues  to  be  incapacitated,  the  court  shall authorize continued
custody of the respondent by the commissioner for a period not to exceed
one year. Such extensions shall not continue beyond a reasonable  period
of  time  necessary  to determine whether the respondent will attain the
capacity to proceed to a fact finding hearing in the foreseeable  future
but in no event shall continue beyond the respondent's eighteenth birth-
day OR, IF THE RESPONDENT WAS AT LEAST SIXTEEN YEARS OF AGE WHEN THE ACT
WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST BIRTHDAY.
  (b)  If  a  respondent  is in the custody of the commissioner upon the
respondent's eighteenth birthday, OR IF  THE  RESPONDENT  WAS  AT  LEAST
SIXTEEN  YEARS  OF AGE WHEN THE ACT RESULTING IN THE RESPONDENT'S PLACE-
MENT WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST  BIRTHDAY,  the
commissioner shall notify the clerk of the court that the respondent was
in his custody on such date and the court shall dismiss the petition.
  S  70.  Subdivisions 1 and 5 of section 325.1 of the family court act,
subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
5 as added by chapter 920 of the laws of 1982, are amended  to  read  as
follows:
  1.  At  the  initial  appearance,  if  the  respondent denies a charge
contained in the petition and the court determines  IN  ACCORDANCE  WITH
THE  REQUIREMENTS OF SECTION 320.5 OF THIS PART that [he] THE RESPONDENT
shall be detained for more than three days pending a fact-finding  hear-
ing,  the court shall schedule a probable-cause hearing to determine the
issues specified in section 325.3 OF THIS PART.

S. 6406                            124                           A. 9006

  5. Where the petition consists of an  order  of  removal  pursuant  to
article  seven hundred twenty-five of the criminal procedure law, unless
the removal was pursuant to subdivision three of section 725.05 of  such
law  and the respondent was not afforded a probable cause hearing pursu-
ant  to  subdivision  [three] TWO of section [180.75] 725.20 of such law
[for a reason other than his waiver thereof pursuant to subdivision  two
of section 180.75 of such law], the petition shall be deemed to be based
upon  a determination that probable cause exists to believe the respond-
ent is a juvenile delinquent and the respondent shall not be entitled to
any further inquiry on the subject of  whether  probable  cause  exists.
After  the filing of any such petition the court must, however, exercise
independent, de novo discretion with respect to release or detention  as
set forth in section 320.5 OF THIS PART.
  S  71.  Paragraph  (a) of subdivision 2 of section 352.2 of the family
court act, as amended by chapter 880 of the laws of 1985, is amended  to
read as follows:
  (a)  In  determining an appropriate order the court shall consider the
needs and best interests of the respondent  as  well  as  the  need  for
protection  of  the  community. If the respondent has committed a desig-
nated felony act the court shall determine the  appropriate  disposition
in  [accord]  ACCORDANCE  with  section 353.5 OF THIS PART. In all other
cases the court shall order the least restrictive available  alternative
enumerated  in  subdivision one OF THIS SECTION which is consistent with
the needs and  best  interests  of  the  respondent  and  the  need  for
protection of the community; PROVIDED, HOWEVER, THAT THE COURT SHALL NOT
DIRECT  THE  PLACEMENT  OF  A  RESPONDENT  WITH A COMMISSIONER OF SOCIAL
SERVICES OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IF:
  (I) THE RESPONDENT ONLY COMMITTED ACTS THAT WOULD CONSTITUTE  NO  MORE
THAN A VIOLATION IF COMMITTED BY AN ADULT; OR
  (II)  THE  RESPONDENT  ONLY  COMMITTED ACTS THAT WOULD CONSTITUTE MORE
THAN A VIOLATION BUT NO MORE THAN A MISDEMEANOR IF COMMITTED BY AN ADULT
IF:
  (1) THE ACTS DID NOT RESULT IN  ANY  PHYSICAL  INJURY  AS  DEFINED  IN
SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
  (2)  THE  RESPONDENT  DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT
THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
  (3) THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN  ACT
THAT  WOULD  CONSTITUTE  A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT
ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND
  (4) THE RESPONDENT WAS ASSESSED  AT  A  LOW  RISK  ON  THE  APPLICABLE
PRE-DISPOSITIONAL  RISK  ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES UNLESS THE COURT  DETERMINES  THAT  SUCH  A
PLACEMENT  IS  NECESSARY BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMI-
NENT RISK TO PUBLIC SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION
IN THE COURT ORDER.
  S 72. The opening paragraph of subparagraph (iii) of paragraph (a) and
paragraph (d) of subdivision 4 of section 353.5 of the family court act,
as amended by section 6 of subpart A of part G of chapter 57 of the laws
of 2012, are amended to read as follows:
  after the period set under subparagraph (ii) of  this  paragraph,  the
respondent  shall  be  placed  in a residential facility for a period of
twelve months; provided, however, that if the respondent has been placed
from a family court in a social services district operating an  approved
juvenile  justice  services close to home initiative pursuant to section
four hundred four of the social services law FOR AN ACT  COMMITTED  WHEN

S. 6406                            125                           A. 9006

THE  RESPONDENT  WAS UNDER SIXTEEN YEARS OF AGE, once the time frames in
subparagraph (ii) of this paragraph are met:
  (d)  Upon  the  expiration  of the initial period of placement, or any
extension thereof, the placement may  be  extended  in  accordance  with
section  355.3  on a petition of any party or the office of children and
family services, or, if applicable, a social services district operating
an approved juvenile justice services close to home initiative  pursuant
to  section four hundred four of the social services law, after a dispo-
sitional hearing, for an additional period not to exceed twelve  months,
but  no  initial  placement or extension of placement under this section
may continue beyond the respondent's twenty-first birthday, OR,  FOR  AN
ACT  THAT  WAS COMMITTED WHEN THE RESPONDENT WAS SIXTEEN YEARS OF AGE OR
OLDER, THE RESPONDENT'S TWENTY-THIRD BIRTHDAY.
  S 73. Paragraph (d) of subdivision 4 of section 353.5  of  the  family
court  act, as amended by chapter 398 of the laws of 1983, is amended to
read as follows:
  (d) Upon the expiration of the initial period  of  placement,  or  any
extension  thereof,  the  placement  may  be extended in accordance with
section 355.3 on a petition of any party or  the  [division  for  youth]
OFFICE  OF  CHILDREN  AND FAMILY SERVICES after a dispositional hearing,
for an additional period not to exceed twelve  months,  but  no  initial
placement  or  extension  of  placement  under this section may continue
beyond the respondent's twenty-first birthday, OR, FOR AN ACT  THAT  WAS
COMMITTED  WHEN  THE  RESPONDENT  WAS SIXTEEN YEARS OF AGE OR OLDER, THE
RESPONDENT'S TWENTY-THIRD BIRTHDAY.
  S 74. Subdivision 1, 2, 6 and 7 of section 354.1 of the  family  court
act, subdivision 1 as added by chapter 920 of the laws of 1982, subdivi-
sions  2,  6  and  7  as amended by chapter 645 of the laws of 1996, are
amended to read as follows:
  1. If a person whose  fingerprints,  palmprints  or  photographs  were
taken  pursuant  to  section  306.1  or was initially fingerprinted as a
juvenile offender and the action is subsequently  removed  to  a  family
court  pursuant  to  article  seven  hundred twenty-five of the criminal
procedure law is adjudicated to be a juvenile delinquent for  a  felony,
the  family court shall forward or cause to be forwarded to the division
of criminal justice services notification of such adjudication and  such
related  information  as  may  be  required  by such division, provided,
however, in the case of a person eleven [or twelve] years  of  age  such
notification  shall  be  provided only if the act upon which the adjudi-
cation is based would constitute a class [A or B] A-1 felony OR, IN  THE
CASE  OF  A  PERSON  TWELVE  YEARS  OF  AGE,  SUCH NOTIFICATION SHALL BE
PROVIDED ONLY IF THE ACT UPON WHICH  THE  ADJUDICATION  IS  BASED  WOULD
CONSTITUTE A CLASS A OR B FELONY.
  2.  If  a  person  whose  fingerprints, palmprints or photographs were
taken pursuant to section 306.1 or  was  initially  fingerprinted  as  a
juvenile offender and the action is subsequently removed to family court
pursuant  to article seven hundred twenty-five of the criminal procedure
law has had all petitions disposed of by the family court in any  manner
other  than an adjudication of juvenile delinquency for a felony, but in
the case of acts committed when such person was eleven [or twelve] years
of age which would constitute a class [A or B] A-1 felony only,  OR,  IN
THE  CASE  OF  ACTS  COMMITTED  WHEN SUCH PERSON WAS TWELVE YEARS OF AGE
WHICH WOULD CONSTITUTE A CLASS A OR B  FELONY  ONLY,  all  such  finger-
prints, palmprints, photographs, and copies thereof, and all information
relating  to  such  allegations  obtained  by  the  division of criminal
justice services pursuant to section 306.1 shall be destroyed forthwith.

S. 6406                            126                           A. 9006

The clerk of the court shall notify the commissioner of the division  of
criminal  justice  services  and the heads of all police departments and
law enforcement agencies  having  copies  of  such  records,  who  shall
destroy such records without unnecessary delay.
  6. If a person fingerprinted pursuant to section 306.1 and subsequent-
ly  adjudicated  a  juvenile delinquent for a felony, but in the case of
acts committed when such a person was eleven [or twelve]  years  of  age
which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
CONSTITUTE  A  CLASS  A OR B FELONY ONLY, is subsequently convicted of a
crime, all fingerprints and related information obtained by the division
of criminal justice services pursuant to such section and not  destroyed
pursuant  to  subdivisions  two, five and seven or subdivision twelve of
section 308.1 shall become part of such division's permanent adult crim-
inal record for that person, notwithstanding section 381.2 or 381.3.
  7. When a person fingerprinted pursuant to section  306.1  and  subse-
quently  adjudicated a juvenile delinquent for a felony, but in the case
of acts committed when such person was eleven [or twelve] years  of  age
which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
CONSTITUTE A CLASS A OR B FELONY ONLY, reaches the age of twenty-one, or
has  been  discharged  from  placement under this act for at least three
years, whichever occurs later, and has no criminal convictions or  pend-
ing   criminal   actions   which  ultimately  terminate  in  a  criminal
conviction,  all  fingerprints,  palmprints,  photographs,  and  related
information and copies thereof obtained pursuant to section 306.1 in the
possession  of  the  division  of  criminal justice services, any police
department,  law  enforcement  agency  or  any  other  agency  shall  be
destroyed  forthwith.  The  division  of criminal justice services shall
notify the agency or agencies which forwarded fingerprints to such divi-
sion pursuant to section 306.1 of  their  obligation  to  destroy  those
records  in  their  possession. In the case of a pending criminal action
which does not terminate in a criminal conviction, such records shall be
destroyed forthwith upon such determination.
  S 75. Subdivision 6 of section 355.3  of  the  family  court  act,  as
amended  by  chapter  663  of  the  laws  of 1985, is amended to read as
follows:
  6. Successive extensions of placement under this section may be grant-
ed, but no placement may be made or continued  beyond  the  respondent's
eighteenth  birthday  without  the  child's  consent  FOR ACTS COMMITTED
BEFORE THE RESPONDENT'S SIXTEENTH BIRTHDAY and  in  no  event  past  the
child's twenty-first birthday EXCEPT AS PROVIDED FOR IN SUBDIVISION FOUR
OF SECTION 353.5.
  S  76.  Paragraph  (b) of subdivision 3 of section 355.5 of the family
court act, as amended by chapter 145 of the laws of 2000, is amended  to
read as follows:
  (b)  subsequent  permanency hearings shall be held no later than every
twelve months following the respondent's initial twelve months in place-
ment BUT IN  NO  EVENT  PAST  THE  RESPONDENT'S  TWENTY-FIRST  BIRTHDAY;
provided, however, that they shall be held in conjunction with an exten-
sion  of placement hearing held pursuant to section 355.3 of this [arti-
cle] PART.
  S 77. Section 360.3 of the family court act is amended by adding a new
subdivision 7 to read as follows:
  7.  NOTHING HEREIN SHALL AUTHORIZE A RESPONDENT TO BE  DETAINED  UNDER
SUBDIVISION  TWO OF THIS SECTION OR PLACED UNDER SUBDIVISION SIX OF THIS

S. 6406                            127                           A. 9006

SECTION FOR A VIOLATION OF A CONDITION THAT WOULD NOT CONSTITUTE A CRIME
IF COMMITTED BY AN ADULT  UNLESS  THE  COURT  DETERMINES  (A)  THAT  THE
RESPONDENT  POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFETY AND STATES
THE  REASONS  FOR  THE FINDING ON THE RECORD OR (B) THE RESPONDENT IS ON
PROBATION FOR AN ACT THAT WOULD CONSTITUTE A VIOLENT FELONY  AS  DEFINED
IN  SECTION  70.02 OF THE PENAL LAW IF COMMITTED BY AN ADULT AND THE USE
OF GRADUATED SANCTIONS HAS BEEN EXHAUSTED WITHOUT SUCCESS.
  S 78. Subdivisions 5 and 6 of section 371 of the social services  law,
subdivision  5 as added by chapter 690 of the laws of 1962, and subdivi-
sion 6 as amended by chapter 596 of the laws of  2000,  are  amended  to
read as follows:
  5.  "Juvenile  delinquent"  means  a  person [over seven and less than
sixteen years of age who does any act which, if done by an adult,  would
constitute a crime] AS DEFINED IN SECTION 301.2 OF THE FAMILY COURT ACT.
  6.  "Person in need of supervision" means a person [less than eighteen
years of age who is habitually truant or who is incorrigible, ungoverna-
ble or habitually disobedient and beyond the lawful control of a  parent
or  other  person  legally  responsible  for such child's care, or other
lawful authority] AS DEFINED IN SECTION  SEVEN  HUNDRED  TWELVE  OF  THE
FAMILY COURT ACT.
  S 79. Subdivisions 3 and 4 of section 502 of the executive law, subdi-
vision 3 as amended by section 1 of subpart B of part Q of chapter 58 of
the  laws  of 2011 and subdivision 4 as added by chapter 465 of the laws
of 1992, are amended to read as follows:
  3. "Detention" means the temporary care and maintenance of youth  held
away from their homes pursuant to article three [or seven] of the family
court act, or held pending a hearing for alleged violation of the condi-
tions of release from an office of children and family services facility
or authorized agency, or held pending a hearing for alleged violation of
the  condition  of parole as a juvenile offender, or held pending return
to a jurisdiction other than the one in which the youth is held, or held
pursuant to a securing order of a criminal  court  if  the  youth  named
therein as principal is charged as a juvenile offender or held pending a
hearing  on  an  extension  of  placement  or held pending transfer to a
facility upon commitment or placement by a court OR PURSUANT TO  ARTICLE
SEVEN  OF  THE FAMILY COURT ACT IF THE PETITION PURSUANT TO SUCH ARTICLE
WAS FILED PRIOR TO JANUARY FIRST, TWO THOUSAND NINETEEN. Only alleged or
convicted juvenile offenders who have not attained their eighteenth  OR,
COMMENCING  JANUARY  FIRST,  TWO  THOUSAND  EIGHTEEN, THEIR TWENTY-FIRST
birthday shall be subject to detention in a detention facility.
  4. For purposes of this article, the term "youth" shall [be synonymous
with the term "child" and means] MEAN a person not less than seven years
of age and not more than twenty OR COMMENCING JANUARY FIRST,  TWO  THOU-
SAND EIGHTEEN, NOT MORE THAN TWENTY-TWO years of age.
  S  80.  Paragraph  (a)  of  subdivision 2 and subdivision 5 of section
507-a of the executive law, as amended by chapter 465  of  the  laws  of
1992, are amended to read as follows:
  (a) Consistent with other provisions of law, only those youth who have
reached the age of [seven] TEN but who have not reached the age of twen-
ty-one  may  be  placed in[, committed to or remain in] the [division's]
custody OF THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES.  EXCEPT  AS
PROVIDED  FOR  IN  PARAGRAPH (A-1) OF THIS SUBDIVISION, NO YOUTH WHO HAS
REACHED THE AGE OF TWENTY-ONE MAY REMAIN IN CUSTODY  OF  THE  OFFICE  OF
CHILDREN AND FAMILY SERVICES.
  (A-1) (I) A YOUTH WHO IS COMMITTED TO THE OFFICE OF CHILDREN AND FAMI-
LY  SERVICES  AS  A JUVENILE OFFENDER OR YOUTHFUL OFFENDER MAY REMAIN IN

S. 6406                            128                           A. 9006

THE CUSTODY OF THE OFFICE DURING THE  PERIOD  OF  HIS  OR  HER  SENTENCE
BEYOND THE AGE OF TWENTY-ONE IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
VISION  FIVE OF SECTION FIVE HUNDRED EIGHT OF THIS TITLE BUT IN NO EVENT
MAY  SUCH  A YOUTH REMAIN IN THE CUSTODY OF THE OFFICE BEYOND HIS OR HER
TWENTY-THIRD BIRTHDAY; AND (II) A YOUTH FOUND TO HAVE COMMITTED A DESIG-
NATED CLASS A FELONY ACT WHO IS RESTRICTIVELY  PLACED  WITH  THE  OFFICE
UNDER  SUBDIVISION  FOUR  OF  SECTION  353.5 OF THE FAMILY COURT ACT FOR
COMMITTING AN ACT ON OR AFTER THE YOUTH'S SIXTEENTH BIRTHDAY MAY  REMAIN
IN  THE  CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES UP TO THE
AGE OF TWENTY-THREE IN ACCORDANCE WITH HIS OR HER PLACEMENT ORDER.
  (A-2) Whenever it shall appear to the satisfaction of  the  [division]
OFFICE  OF  CHILDREN AND FAMILY SERVICES that any youth placed therewith
is not of proper age to be so placed or is not properly  placed,  or  is
mentally  or  physically  incapable of being materially benefited by the
program of the [division] OFFICE, the [division] OFFICE shall cause  the
return of such youth to the county from which placement was made.
  5.  Consistent  with other provisions of law, in the discretion of the
[director, youth] COMMISSIONER OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES,  YOUTH PLACED WITHIN THE OFFICE UNDER THE FAMILY COURT ACT who
attain the age of eighteen while in [division] custody OF THE OFFICE AND
WHO ARE NOT REQUIRED TO REMAIN IN THE PLACEMENT WITH  THE  OFFICE  AS  A
RESULT  OF  A  DISPOSITIONAL  ORDER  OF THE FAMILY COURT may reside in a
non-secure facility until the age  of  twenty-one,  provided  that  such
youth attend a full-time vocational or educational program and are like-
ly to benefit from such program.
  S  81.    Paragraphs  (a),  (b), (c), (d) and (e) of subdivision 2 and
subdivision 4 of section 508 of the executive law are REPEALED.
  S 82. Subdivisions 1, 2, 3, 5, 6, 7, 8 and 9 of  section  508  of  the
executive  law,  subdivision  1 as amended by chapter 738 of the laws of
2004, subdivision 2 as amended by chapter  572  of  the  laws  of  1985,
subdivision 3 as added by chapter 481 of the laws of 1978 and renumbered
by  chapter  465 of the laws of 1992, subdivisions 5, 6 and 7 as amended
by section 97 of subpart B of part C of chapter 62 of the laws of  2011,
subdivision  8  as added by chapter 560 of the laws of 1984 and subdivi-
sion 9 as added by chapter 7 of the laws of 2007, are amended and a  new
subdivision 1-a is added to read as follows:
  1.  The office of children and family services shall maintain [secure]
facilities for the care and confinement of juvenile offenders  committed
[for  an  indeterminate, determinate or definite sentence] TO THE OFFICE
pursuant to the sentencing provisions of the penal law. Such  facilities
shall  provide  appropriate services to juvenile offenders including but
not limited to residential care, educational  and  vocational  training,
physical and mental health services, and employment counseling.
  1-A.    (A)  (I) THE STATE SHALL ESTABLISH ONE OR MORE FACILITIES WITH
ENHANCED SECURITY FEATURES AND SPECIALLY TRAINED STAFF  TO  SERVE  THOSE
YOUTH  SENTENCED  FOR  COMMITTING  OFFENSES  ON OR AFTER THEIR SIXTEENTH
BIRTHDAY WHO ARE  DETERMINED,  BASED  ON  THE  PLACEMENT  CLASSIFICATION
PROTOCOL  ESTABLISHED  PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, TO
NEED AN ENHANCED LEVEL OF SECURE CARE WHICH SHALL BE ADMINISTERED BY THE
OFFICE OF CHILDREN AND FAMILY SERVICES.
  (II) A COUNCIL COMPRISED OF THE COMMISSIONER OF THE OFFICE OF CHILDREN
AND FAMILY SERVICES, THE COMMISSIONER OF THE DEPARTMENT  OF  CORRECTIONS
AND  COMMUNITY  SUPERVISION, THE COMMISSIONER OF THE STATE COMMISSION OF
CORRECTION, AND THE COMMISSIONER OF THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  SHALL BE ESTABLISHED TO OVERSEE THE OPERATION OF THE FACILITY.
THE GOVERNOR SHALL DESIGNATE THE CHAIR OF THE COUNCIL. THE COUNCIL SHALL

S. 6406                            129                           A. 9006

HAVE THE POWER TO PERFORM ALL ACTS NECESSARY TO  CARRY  OUT  ITS  DUTIES
INCLUDING  MAKING  UNANNOUNCED VISITS AND INSPECTIONS OF THE FACILITY AT
ANY TIME. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  STATE  LAW  TO  THE
CONTRARY,  THE  COUNCIL  MAY  REQUEST AND THE OFFICE SHALL SUBMIT TO THE
COUNCIL, TO THE EXTENT PERMITTED BY FEDERAL LAW, ALL INFORMATION IN  THE
FORM  AND  MANNER  AND  AT SUCH TIMES AS THE COUNCIL MAY REQUIRE THAT IS
APPROPRIATE TO THE PURPOSES AND OPERATION OF THE  COUNCIL.  THE  COUNCIL
SHALL  BE  SUBJECT TO THE SAME LAWS AS APPLY TO THE OFFICE REGARDING THE
PROTECTION AND CONFIDENTIALITY OF THE INFORMATION MADE AVAILABLE TO  THE
COUNCIL AND SHALL PREVENT ACCESS THERETO BY, OR THE DISTRIBUTION THEREOF
TO, PERSONS NOT AUTHORIZED BY LAW.
  (III)  YOUTH DIVISION AIDES AND OTHER APPROPRIATE STAFF WORKING IN THE
FACILITY SHALL RECEIVE SPECIALIZED TRAINING TO ADDRESS WORKING WITH  THE
TYPES  OF  YOUTH  PLACED IN THE FACILITY, WHICH SHALL INCLUDE BUT NOT BE
LIMITED TO, TRAINING ON TACTICAL RESPONSES AND DE-ESCALATION TECHNIQUES.
ANY APPLICANT FOR EMPLOYMENT IN THE FACILITY AS A  YOUTH  DIVISION  AIDE
SHALL  BE  SUBJECT TO THE SAME REQUIREMENTS AND PROCESSES FOR PSYCHOLOG-
ICAL SCREENING AS APPLICANTS FOR  EMPLOYMENT  AS  CORRECTIONAL  OFFICERS
WITH THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION PURSUANT TO
SECTION EIGHT OF THE CORRECTION LAW INCLUDING THE RIGHT TO REVIEW BY THE
INDEPENDENT   ADVISORY  BOARD  ESTABLISHED  PURSUANT  TO  SUCH  SECTION,
PROVIDED, HOWEVER, THAT WHEN REFERRED TO IN  SUCH  SECTION  "DEPARTMENT"
SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES AND "COMMISSIONER"
SHALL  MEAN  THE  COMMISSIONER  OF  THE  OFFICE  OF  CHILDREN AND FAMILY
SERVICES. ALL STAFF OF THE FACILITY SHALL  BE  SUBJECT  TO  RANDOM  DRUG
TESTS.
  (B)  THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION OR THE
STATE COMMISSION OF CORRECTION SHALL ASSIGN AN ASSISTANT COMMISSIONER TO
ASSIST THE OFFICE OF CHILDREN AND FAMILY SERVICES, ON A PERMANENT BASIS,
WITH THE SECURITY ISSUES RELATING TO OPERATING  FACILITIES  SERVING  THE
ADDITIONAL YOUTH SENTENCED TO THE OFFICE.
  (C)  THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION OR THE
STATE COMMISSION OF CORRECTION AND THE OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  SHALL JOINTLY ESTABLISH A PLACEMENT CLASSIFICATION PROTOCOL TO
BE USED BY THE ASSISTANT COMMISSIONER ASSIGNED TO THE OFFICE PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION AND AN OFFICE OF CHILDREN  AND  FAMILY
SERVICES OFFICIAL DESIGNATED BY THE COMMISSIONER OF THE OFFICE TO DETER-
MINE  THE  APPROPRIATE  LEVEL  OF  CARE  FOR EACH YOUTH SENTENCED TO THE
OFFICE.  THE PROTOCOL SHALL INCLUDE, BUT NOT NECESSARILY BE LIMITED  TO,
CONSIDERATION  OF  THE  NATURE  OF  THE  YOUTH'S OFFENSE AND THE YOUTH'S
HISTORY AND SERVICE NEEDS.
  (D) ANY NEW FACILITIES DEVELOPED BY THE OFFICE OF CHILDREN AND  FAMILY
SERVICES  TO  SERVE  THE  ADDITIONAL  YOUTH  PLACED WITH THE OFFICE AS A
RESULT OF RAISING THE AGE OF JUVENILE JURISDICTION SHALL, TO THE  EXTENT
PRACTICABLE,  CONSIST OF SMALLER, MORE HOME-LIKE FACILITIES LOCATED NEAR
THE YOUTHS' HOMES AND FAMILIES THAT PROVIDE  GENDER-RESPONSIVE  PROGRAM-
MING,  SERVICES  AND  TREATMENT IN SMALL, CLOSELY SUPERVISED GROUPS THAT
OFFER EXTENSIVE AND ON-GOING INDIVIDUAL ATTENTION AND ENCOURAGE SUPPORT-
IVE PEER RELATIONSHIPS.
  2. Juvenile offenders COMMITTED TO THE OFFICE  FOR  COMMITTING  CRIMES
PRIOR  TO  THE AGE OF SIXTEEN shall be confined in such facilities until
the age of twenty-one IN ACCORDANCE WITH THEIR SENTENCES, and shall  not
be  released, discharged or permitted home visits except pursuant to the
provisions of this section.
  3. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall  report
in  writing to the sentencing court and district attorney, not less than

S. 6406                            130                           A. 9006

once every six months during the period of confinement, on  the  status,
adjustment, programs and progress of the offender.
  [5.]  4.  The  office  of children and family services may transfer an
offender not less than eighteen [nor more than twenty-one] years of  age
to  the  department  of  corrections  and  community  supervision if the
commissioner of the office certifies to the commissioner of  corrections
and  community  supervision that there is no substantial likelihood that
the youth will benefit from the programs offered by office facilities.
  [6. At age twenty-one, all] 5. (A) ALL juvenile offenders COMMITTED TO
THE OFFICE FOR COMMITTING A CRIME PRIOR TO THE YOUTH'S SIXTEENTH  BIRTH-
DAY WHO STILL HAVE TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT shall be
transferred  AT  AGE  TWENTY-ONE  to  the  custody  of the department of
corrections and community supervision for confinement  pursuant  to  the
correction law.
  [7.]  (B)  ALL  OFFENDERS  COMMITTED  OR TRANSFERRED TO THE OFFICE FOR
COMMITTING A CRIME ON OR AFTER THEIR SIXTEENTH BIRTHDAY WHO  STILL  HAVE
TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT SHALL BE TRANSFERRED TO THE
CUSTODY  OF  THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION FOR
CONFINEMENT PURSUANT TO THE CORRECTION LAW AFTER COMPLETING TWO YEARS OF
CARE IN OFFICE OF CHILDREN AND FAMILY SERVICES  FACILITIES  UNLESS  THEY
ARE  WITHIN  FOUR MONTHS OF COMPLETING THE IMPRISONMENT PORTION OF THEIR
SENTENCE AND THE OFFICE DETERMINES, IN ITS DISCRETION, ON A CASE-BY-CASE
BASIS THAT THE YOUTH SHOULD BE PERMITTED TO REMAIN WITH THE  OFFICE  FOR
THE ADDITIONAL SHORT PERIOD OF TIME NECESSARY TO ENABLE THEM TO COMPLETE
THEIR  SENTENCE.  IN MAKING SUCH A DETERMINATION, THE FACTORS THE OFFICE
MAY CONSIDER INCLUDE, BUT ARE NOT LIMITED TO, THE AGE OF THE YOUTH,  THE
AMOUNT  OF  TIME  REMAINING ON THE YOUTH'S SENTENCE OF IMPRISONMENT, THE
LEVEL OF THE YOUTH'S PARTICIPATION IN THE PROGRAM,  THE  YOUTH'S  EDUCA-
TIONAL AND VOCATIONAL PROGRESS, THE OPPORTUNITIES AVAILABLE TO THE YOUTH
THROUGH  THE  OFFICE  AND  THROUGH THE DEPARTMENT, AND THE LENGTH OF THE
YOUTH'S POST-RELEASE SUPERVISION SENTENCE.  NOTHING  IN  THIS  PARAGRAPH
SHALL  AUTHORIZE  A  YOUTH TO REMAIN IN AN OFFICE FACILITY BEYOND HIS OR
HER TWENTY-THIRD BIRTHDAY.
  (C) COMMENCING JANUARY FIRST,  TWO  THOUSAND  EIGHTEEN,  ALL  JUVENILE
OFFENDERS WHO ARE ELIGIBLE TO BE RELEASED FROM AN OFFICE OF CHILDREN AND
FAMILY  SERVICES  FACILITY BEFORE THEY ARE REQUIRED TO BE TRANSFERRED TO
THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND WHO ARE ABLE
TO COMPLETE THE FULL-TERM OF THEIR  POST-RELEASE  SUPERVISION  SENTENCES
BEFORE  THEY TURN TWENTY-THREE YEARS OF AGE SHALL REMAIN WITH THE OFFICE
OF CHILDREN AND FAMILY SERVICES FOR POST-RELEASE SUPERVISION.
  (D) COMMENCING JANUARY FIRST,  TWO  THOUSAND  EIGHTEEN,  ALL  JUVENILE
OFFENDERS RELEASED FROM AN OFFICE OF CHILDREN AND FAMILY SERVICES FACIL-
ITY  BEFORE  THEY  ARE  TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION WHO ARE UNABLE TO COMPLETE THE FULL-TERM OF  THEIR
POST-RELEASE  SUPERVISION  SENTENCES BEFORE THEY TURN TWENTY-THREE YEARS
OF AGE SHALL BE UNDER THE SUPERVISION OF THE DEPARTMENT  OF  CORRECTIONS
AND COMMUNITY SUPERVISION UNTIL EXPIRATION OF THE MAXIMUM TERM OR PERIOD
OF  SENTENCE,  OR  EXPIRATION OF SUPERVISION, INCLUDING ANY POST-RELEASE
SUPERVISION AS THE CASE MAY BE PROVIDED, HOWEVER, THAT THE OFFICE  SHALL
ASSIST  SUCH  DEPARTMENT IN PLANNING FOR THE YOUTH'S POST-RELEASE SUPER-
VISION.
  6. While in the custody of the office of children and family services,
an offender shall be subject to the rules and regulations of the office,
except that his  OR  HER  parole,  POST-RELEASE  SUPERVISION,  temporary
release  and  discharge  shall  be  governed  by  the laws applicable to
inmates of state correctional facilities and  his  OR  HER  transfer  to

S. 6406                            131                           A. 9006

state  hospitals  in  the  office  of mental health shall be governed by
section five hundred nine of this chapter; PROVIDED,  HOWEVER,  THAT  AN
OTHERWISE  ELIGIBLE  JUVENILE OFFENDER MAY RECEIVE THE SIX-MONTH LIMITED
CREDIT  TIME  ALLOWANCE  FOR  SUCCESSFUL  PARTICIPATION  IN  ONE OR MORE
PROGRAMS DEVELOPED BY THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  THAT
ARE  COMPARABLE  TO  THE  PROGRAMS  SET  FORTH  IN SECTION EIGHT HUNDRED
THREE-B OF THE CORRECTION LAW, TAKING  INTO  CONSIDERATION  THE  AGE  OF
JUVENILE  OFFENDERS.    The  commissioner  of the office of children and
family services shall, however, establish and operate temporary  release
programs  at  office  of  children  and  family  services facilities AND
PROVIDE POST-RELEASE SUPERVISION for  eligible  juvenile  offenders  and
[contract  with  the department of corrections and community supervision
for the provision of parole] PROVIDE supervision [services]  for  tempo-
rary releasees AND JUVENILES ON POST-RELEASE SUPERVISION.  The rules and
regulations  for  these programs shall not be inconsistent with the laws
for temporary release AND POST-RELEASE SUPERVISION applicable to inmates
of state correctional facilities. For the purposes of temporary  release
programs  for  juvenile  offenders  only, when referred to or defined in
article twenty-six of the correction law, "institution" shall  mean  any
facility  designated  by  the commissioner of the office of children and
family services, "department" shall mean  the  office  of  children  and
family  services, "inmate" shall mean a juvenile offender residing in an
office of children and  family  services  facility,  and  "commissioner"
shall  mean  the  [director]  COMMISSIONER of the office of children and
family services. FOR THE PURPOSES OF SUCH POST-RELEASE  SUPERVISION  FOR
JUVENILE  OFFENDERS  UNDER  PARAGRAPH  (C)  OF  SUBDIVISION FIVE OF THIS
SECTION ONLY, WHEN REFERRED TO IN SECTION 70.45  OF  THE  PENAL  LAW  OR
ARTICLE   TWELVE-B  OF  THE  EXECUTIVE  LAW,  THE  TERM  "DEPARTMENT  OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION",  "DEPARTMENT",  "DIVISION  OF
PAROLE", "DIVISION", "BOARD OF PAROLE" AND "BOARD" SHALL MEAN THE OFFICE
OF  CHILDREN AND FAMILY SERVICES, AND THE TERM "COMMISSIONER" SHALL MEAN
THE OFFICE OF CHILDREN AND FAMILY SERVICES.  Time  spent  in  office  of
children and family services facilities and in juvenile detention facil-
ities  shall be credited towards the sentence imposed in the same manner
and to the same extent  applicable  to  inmates  of  state  correctional
facilities.
  [8]  7.    Whenever a juvenile offender or a juvenile offender adjudi-
cated a youthful offender shall be delivered to the director of [a divi-
sion for youth] AN OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  facility
pursuant  to  a  commitment  to the [director of the division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES, the officer so  delivering  such
person  shall  deliver to such facility director a certified copy of the
sentence received by such officer from the clerk of the court  by  which
such  person  shall  have  been  sentenced,  a copy of the report of the
probation officer's investigation and  report,  any  other  pre-sentence
memoranda  filed  with  the  court,  a  copy of the person's fingerprint
records, a detailed summary of available  medical  records,  psychiatric
records  and  reports  relating  to  assaults,  or  other  violent acts,
attempts at suicide or escape by the person while in the  custody  of  a
local detention facility.
  [9]  8.   Notwithstanding any provision of law, including section five
hundred one-c of  this  article,  the  office  of  children  and  family
services  shall  make  records pertaining to a person convicted of a sex
offense as defined in subdivision (p) of section  10.03  of  the  mental
hygiene  law available upon request to the commissioner of mental health
or the commissioner of [mental retardation and] THE OFFICE  FOR  PERSONS

S. 6406                            132                           A. 9006

WITH  developmental  disabilities,  as appropriate; a case review panel;
and the attorney general; in accordance with the provisions  of  article
ten of the mental hygiene law.
  S  83.  Section 712 of the family court act, as amended by chapter 920
of the laws of 1982, subdivision (a) as amended by section 7 of  part  G
of chapter 58 of the laws of 2010, subdivision (b) as amended by chapter
465 of the laws of 1992, subdivision (g) as amended by section 2 of part
B  of chapter 3 of the laws of 2005, subdivision (h) as added by chapter
7 of the laws of 1999, subdivision (i) as amended and subdivisions  (j),
(k),  (l) and (m) as added by chapter 38 of the laws of 2014, is amended
to read as follows:
  S 712. Definitions. As used in this article, the following terms shall
have the following meanings:
  (a) "Person in need of supervision". A person less than eighteen years
of age who does not attend school in accordance with the  provisions  of
part one of article sixty-five of the education law or who is incorrigi-
ble,  ungovernable  or  habitually  disobedient  and  beyond  the lawful
control of a parent or other person legally responsible for such child's
care, or other lawful authority,  or  who  violates  the  provisions  of
section  221.05 or 230.00 of the penal law, or who appears to be a sexu-
ally exploited child as defined in paragraph (a), (c) or (d) of subdivi-
sion one of section four hundred forty-seven-a of  the  social  services
law,  but  only  if the child consents to the filing of a petition under
this article.
  (b) ["Detention". The temporary care and maintenance of children  away
from their own homes as defined in section five hundred two of the exec-
utive law.
  (c)  "Secure  detention  facility".  A facility characterized by phys-
ically restricting construction, hardware and procedures.
  (d) "Non-secure detention facility". A facility characterized  by  the
absence of physically restricting construction, hardware and procedures.
  (e)]  "Fact-finding  hearing".  A  hearing  to  determine  whether the
respondent did the acts alleged to show that he OR SHE violated a law or
is incorrigible, ungovernable or habitually disobedient and  beyond  the
control of his OR HER parents, guardian or legal custodian.
  [(f)]  (C) "Dispositional hearing". A hearing to determine whether the
respondent requires supervision or treatment.
  [(g)] (D) "Aggravated circumstances". Aggravated  circumstances  shall
have  the same meaning as the definition of such term in subdivision (j)
of section one thousand twelve of this act.
  [(h)] (E) "Permanency hearing". A  hearing  held  in  accordance  with
paragraph  (b) of subdivision two of section seven hundred fifty-four or
section seven hundred fifty-six-a of this article  for  the  purpose  of
reviewing  the foster care status of the respondent and the appropriate-
ness of the permanency plan developed by the social services official on
behalf of such respondent.
  [(i)] (F) "Diversion services".   Services provided  to  children  and
families  pursuant  to section seven hundred thirty-five of this article
for the purpose of avoiding the need to file a petition [or  direct  the
detention  of  the  child]. Diversion services shall include: efforts to
adjust cases pursuant to this article before a petition is filed, or  by
order  of the court, after the petition is filed but before fact-finding
is commenced;  and  preventive  services  provided  in  accordance  with
section  four  hundred  nine-a  of  the social services law to avert the
placement of the child [into foster care], including crisis intervention
and respite services.   Diversion services may also  include,  in  cases

S. 6406                            133                           A. 9006

where  any  person  is  seeking to file a petition that alleges that the
child has a substance use disorder or is in need of immediate  detoxifi-
cation  or  substance use disorder services, an assessment for substance
use   disorder;   provided,  however,  that  notwithstanding  any  other
provision of law to the contrary, the designated lead agency  shall  not
be  required  to pay for all or any portion of the costs of such assess-
ment or substance use disorder or  detoxification  services,  except  in
cases  where medical assistance for needy persons may be used to pay for
all or any portion of the costs of such assessment or services.
  [(j)] (G) "Substance use disorder". The misuse of, dependence  on,  or
addiction  to  alcohol  and/or legal or illegal drugs leading to effects
that are detrimental to the person's physical and mental health  or  the
welfare of others.
  [(k)]  (H)  "Assessment  for  substance use disorder". Assessment by a
provider that has  been  certified  by  the  office  of  alcoholism  and
substance  abuse  services  of  a person less than eighteen years of age
where it is alleged that the youth is suffering  from  a  substance  use
disorder  which  could  make  a  youth a danger to himself or herself or
others.
  [(l)] (I) "A substance use disorder which could make a youth a  danger
to  himself  or  herself  or  others".  A substance use disorder that is
accompanied by the dependence on, or the repeated use or abuse of, drugs
or alcohol to the point of intoxication such that the person is in  need
of immediate detoxification or other substance use disorder services.
  [(m)]  (J)  "Substance  use disorder services". Substance use disorder
services shall have the same meaning as provided for in section 1.03  of
the mental hygiene law.
  S  84. The part heading of part 2 of article 7 of the family court act
is amended to read as follows:
                         CUSTODY [AND DETENTION]
  S 85. Section 720 of the family court act, as amended by  chapter  419
of  the laws of 1987, subdivision 3 as amended by section 9 of subpart B
of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by
section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c)
of subdivision 5 as added by section 8 of part G of chapter  58  of  the
laws of 2010, is amended to read as follows:
  S 720. Detention PRECLUDED. [1.] THE DETENTION OF A CHILD SHALL NOT BE
DIRECTED  UNDER  ANY OF THE PROVISIONS OF THIS ARTICLE, EXCEPT AS OTHER-
WISE AUTHORIZED BY THE INTERSTATE COMPACT ON JUVENILES. No child to whom
the provisions of this article may apply, shall be detained in any pris-
on, jail, lockup, or other place used for adults convicted of  crime  or
under arrest and charged with a crime.
  [2.  The detention of a child in a secure detention facility shall not
be directed under any of the provisions of this article.
  3. Detention of a person alleged to be or adjudicated as a  person  in
need  of  supervision  shall,  except as provided in subdivision four of
this section, be authorized only in a foster care program  certified  by
the  office  of children and family services, or a certified or approved
family boarding home, or a non-secure detention  facility  certified  by
the  office  and in accordance with section seven hundred thirty-nine of
this article. The setting of the detention shall take into  account  (a)
the  proximity  to  the  community  in which the person alleged to be or
adjudicated as a person in need of supervision lives with such  person's
parents or to which such person will be discharged, and (b) the existing
educational  setting of such person and the proximity of such setting to
the location of the detention setting.

S. 6406                            134                           A. 9006

  4. Whenever detention is authorized and ordered pursuant to this arti-
cle, for a person alleged to be or adjudicated as a person  in  need  of
supervision, a family court in a city having a population of one million
or  more  shall,  notwithstanding  any  other  provision  of law, direct
detention  in a foster care facility established and maintained pursuant
to the social services law. In all other respects, the detention of such
a person in a foster care facility shall be  subject  to  the  identical
terms  and conditions for detention as are set forth in this article and
in section two hundred thirty-five of this act.
  5. (a) The court shall not order or direct detention under this  arti-
cle, unless the court determines that there is no substantial likelihood
that  the  youth  and  his  or  her family will continue to benefit from
diversion services and that all available alternatives to detention have
been exhausted; and
  (b) Where the youth is sixteen years of age or older, the court  shall
not  order  or  direct  detention  under  this article, unless the court
determines and states in its order that special circumstances  exist  to
warrant such detention.
  (c)  If the respondent may be a sexually exploited child as defined in
subdivision one of section four  hundred  forty-seven-a  of  the  social
services law, the court may direct the respondent to an available short-
term  safe  house  as defined in subdivision two of section four hundred
forty-seven-a  of  the  social  services  law  as  an   alternative   to
detention.]
  S 86. Section 727 of the family court act is REPEALED.
  S  87. The section heading and subdivisions (c) and (d) of section 728
of the family court act, subdivision (d) as added by chapter 145 of  the
laws  of  2000, paragraph (i) as added and paragraph (ii) of subdivision
(d) as renumbered by section 5 of part E of chapter 57 of  the  laws  of
2005,  and  paragraph (iii) as amended and paragraph (iv) of subdivision
(d) as added by section 10 of subpart B of part Q of chapter 58  of  the
laws of 2011, are amended to read as follows:
  Discharge[,]  OR  release  [or  detention]  by judge after hearing and
before filing of petition in custody cases.
  (c) An order of release under this  section  may,  but  need  not,  be
conditioned  upon the giving of a recognizance in accord with [sections]
SECTION seven hundred twenty-four (b) (i).
  [(d) Upon a finding of facts and reasons  which  support  a  detention
order pursuant to this section, the court shall also determine and state
in any order directing detention:
  (i)  that there is no substantial likelihood that the youth and his or
her family will continue to benefit from diversion services and that all
available alternatives to detention have been exhausted; and
  (ii) whether continuation of the child in the child's  home  would  be
contrary  to the best interests of the child based upon, and limited to,
the facts and circumstances available to the court at the  time  of  the
hearing held in accordance with this section; and
  (iii) where appropriate, whether reasonable efforts were made prior to
the  date  of the court hearing that resulted in the detention order, to
prevent or eliminate the need for removal of the child from his  or  her
home or, if the child had been removed from his or her home prior to the
court  appearance  pursuant  to this section, where appropriate, whether
reasonable efforts were made to make it possible for the child to safely
return home; and
  (iv) whether the setting of the detention takes into account the prox-
imity to the community in which the person alleged to be or  adjudicated

S. 6406                            135                           A. 9006

as  a  person in need of supervision lives with such person's parents or
to which such person will be discharged, and  the  existing  educational
setting of such person and the proximity of such setting to the location
of the detention setting.]
  S 88. Section 729 of the family court act is REPEALED.
  S 89. Subdivisions (b) and (f) and paragraph (i) of subdivision (d) of
section 735 of the family court act, subdivision (b) as amended by chap-
ter  38 of the laws of 2014, paragraph (i) of subdivision (d) as amended
by chapter 535 of the laws of 2011  and  subdivision  (f)  as  added  by
section  7  of  part E of chapter 57 of the laws of 2005, are amended to
read as follows:
  (b) The designated lead agency shall:
  (i) confer with any person seeking to file a petition, the  youth  who
may  be  a potential respondent, his or her family, and other interested
persons, concerning the provision of diversion services before any peti-
tion may be filed; and
  (ii) diligently attempt to prevent the filing of a petition under this
article or, after the petition is filed, to prevent the placement of the
youth into foster care; and
  (iii) assess whether the youth would benefit from residential  respite
services; and
  (iv) ASSESS WHETHER THE YOUTH IS A SEXUALLY EXPLOITED CHILD AS DEFINED
IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW AND, IF
SO, WHETHER SUCH YOUTH SHOULD BE REFERRED TO A SAFE HOUSE; AND
  (V)  determine  whether  alternatives  to detention are appropriate to
avoid remand of the youth to detention INCLUDING WHETHER THE  YOUTH  AND
HIS  OR  HER  FAMILY  SHOULD  BE REFERRED TO AN AVAILABLE FAMILY SUPPORT
CENTER; and
  [(v)] (VI) determine whether an assessment of the youth for  substance
use  disorder  by  an  office of alcoholism and substance abuse services
certified provider is necessary when a person seeking to file a petition
alleges in such petition that the youth is suffering  from  a  substance
use  disorder  which could make the youth a danger to himself or herself
or others. Provided, however, that notwithstanding any  other  provision
of law to the contrary, the designated lead agency shall not be required
to pay for all or any portion of the costs of such assessment or for any
substance use disorder or detoxification services, except in cases where
medical  assistance  for needy persons may be used to pay for all or any
portion of the costs of such assessment or services. The office of alco-
holism and substance abuse services shall make a list of  its  certified
providers available to the designated lead agency.
  (i)  providing,  at the first contact, information on the availability
of or a referral to services in the geographic area where the youth  and
his  or  her  family  are located that may be of benefit in avoiding the
need to file a petition under this article; including the  availability,
for  up  to  twenty-one  days,  of a residential respite program, if the
youth and his or her parent or other person legally responsible for  his
or  her care agree, and the availability of other non-residential crisis
intervention programs such as A FAMILY  SUPPORT  CENTER,  family  crisis
counseling  or alternative dispute resolution programs or an educational
program as defined in section four hundred fifty-eight-l of  the  social
services law.
  (f)  Efforts  to  prevent  the  filing  of a petition pursuant to this
section may extend until the  designated  lead  agency  determines  that
there  is no substantial likelihood that the youth and his or her family
will benefit from further attempts. Efforts  at  diversion  pursuant  to

S. 6406                            136                           A. 9006

this  section  may  continue  after  the  filing of a petition where the
designated lead agency determines that the youth and his or  her  family
will  benefit  from  further  attempts to prevent PLACEMENT OF the youth
[from  entering  foster  care]  IN ACCORDANCE WITH SECTION SEVEN HUNDRED
FIFTY-SIX OF THIS ARTICLE.
  S 90. Section 739 of the family court act, as amended by  chapter  920
of  the laws of 1982, subdivision (a) as amended by section 10 of part G
of chapter 58 of the laws of 2010, subdivision (c) as added  by  chapter
145 of the laws of 2000, is amended to read as follows:
  S  739.  Release  or [detention] REFERRAL after filing of petition and
prior to order of disposition. [(a)] After  the  filing  of  a  petition
under  section  seven  hundred thirty-two of this part, the court in its
discretion may release the respondent [or direct his or her  detention].
If the respondent may be a sexually exploited child as defined in subdi-
vision  one of section four hundred forty-seven-a of the social services
law, the court may direct the respondent to an available short-term safe
house [as an alternative to detention.  However,  the  court  shall  not
direct detention unless it finds and states the facts and reasons for so
finding  that  unless  the respondent is detained there is a substantial
probability that the respondent will not appear in court on  the  return
date and all available alternatives to detention have been exhausted.
  (b)  Unless  the respondent waives a determination that probable cause
exists to believe that he  is  a  person  in  need  of  supervision,  no
detention  under  this  section may last more than three days (i) unless
the court finds, pursuant to the evidentiary standards applicable  to  a
hearing  on  a  felony complaint in a criminal court, that such probable
cause exists, or (ii) unless special circumstances exist, in which cases
such detention may be extended not more than an  additional  three  days
exclusive of Saturdays, Sundays and public holidays.
  (c)  Upon  a  finding  of  facts and reasons which support a detention
order pursuant to subdivision (a) of this section, the court shall  also
determine and state in any order directing detention:
  (i)  whether  continuation  of the respondent in the respondent's home
would be contrary to the best interests of the  respondent  based  upon,
and limited to, the facts and circumstance available to the court at the
time of the court's determination in accordance with this section; and
  (ii)  where appropriate, whether reasonable efforts were made prior to
the date of the court order directing detention in accordance with  this
section,  to prevent or eliminate the need for removal of the respondent
from his or her home or, if the respondent had been removed from his  or
her  home  prior to the court appearance pursuant to this section, where
appropriate, whether reasonable efforts were made to  make  it  possible
for the respondent to safely return home].
  S  91.  Section 741-a of the family court act, as amended by section 3
of part B of chapter 327 of the laws of 2007,  is  amended  to  read  as
follows:
  S  741-a.  Notice  and right to be heard. The foster parent caring for
[the child] A SEXUALLY EXPLOITED CHILD PLACED IN ACCORDANCE WITH SECTION
SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE or any  pre-adoptive  parent  or
relative providing care for the respondent shall be provided with notice
of  any  permanency  hearing held pursuant to this article by the social
services official. Such foster parent, pre-adoptive parent  or  relative
shall have the right to be heard at any such hearing; provided, however,
no  such  foster  parent,  pre-adoptive  parent  or  relative  shall  be
construed to be a party to the hearing  solely  on  the  basis  of  such
notice  and  right to be heard. The failure of the foster parent, pre-a-

S. 6406                            137                           A. 9006

doptive parent, or relative caring for the child to appear at a  perman-
ency hearing shall constitute a waiver of the right to be heard and such
failure  to appear shall not cause a delay of the permanency hearing nor
shall  such  failure  to  appear be a ground for the invalidation of any
order issued by the court pursuant to this section.
  S 92. Section 747 of the family court act is REPEALED.
  S 93. Section 748 of the family court act is REPEALED.
  S 94. Subdivision (b) of section 749  of  the  family  court  act,  as
amended  by  chapter  806  of  the  laws  of 1973, is amended to read as
follows:
  (b) On its own motion,  the  court  may  adjourn  the  proceedings  on
conclusion  of  a fact-finding hearing or during a dispositional hearing
to enable it to make  inquiry  into  the  surroundings,  conditions  and
capacities  of the respondent. An [adjournment on the court's motion may
not be for a period of more than ten days if the respondent is detained,
in which case not more than a total of  two  such  adjournments  may  be
granted  in  the  absence of special circumstances. If the respondent is
not detained, an] adjournment may be for  a  reasonable  time,  but  the
total number of adjourned days may not exceed two months.
  S  95.  Paragraph  (a)  of  subdivision 2 of section 754 of the family
court act, as amended by chapter 7 of the  laws  of  1999,  subparagraph
(ii)  of  paragraph (a) as amended by section 20 of part L of chapter 56
of the laws of 2015, is amended to read as follows:
  (a) The order shall state  the  court's  reasons  for  the  particular
disposition.  If  the  court places the child in accordance with section
seven hundred fifty-six of this part,  the  court  in  its  order  shall
determine: (i) whether continuation in the child's home would be contra-
ry to the best interest of the child and where appropriate, that reason-
able  efforts  were  made prior to the date of the dispositional hearing
held pursuant to this article to  prevent  or  eliminate  the  need  for
removal  of the child from his or her home and, if the child was removed
from his or her home prior to  the  date  of  such  hearing,  that  such
removal was in the child's best interest and, where appropriate, reason-
able efforts were made to make it possible for the child to return safe-
ly  home.  If the court determines that reasonable efforts to prevent or
eliminate the need for removal of the child from the home were not  made
but  that  the  lack  of  such efforts was appropriate under the circum-
stances, the court order shall include such a finding; and (ii)  in  the
case of a child who has attained the age of fourteen, the services need-
ed,  if any, to assist the child to make the transition from foster care
to independent living. [Nothing in this subdivision shall  be  construed
to  modify  the  standards  for directing detention set forth in section
seven hundred thirty-nine of this article.]
  S 96. Section 756 of the family court act, as amended by  chapter  920
of  the  laws  of  1982,  paragraph (i) of subdivision (a) as amended by
chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii)
of subdivision (a) as amended by section 11 of part G of chapter  58  of
the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of
1999,  and subdivision (c) as amended by section 10 of part E of chapter
57 of the laws of 2005, is amended to read as follows:
  S 756. Placement. (a)  (i)  For  purposes  of  section  seven  hundred
fifty-four,  the  court  may  place  the child in its own home or in the
custody of a suitable relative or other suitable private  person  [or  a
commissioner of social services], subject to the orders of the court.
  (ii)  [Where the child is placed] IF THE COURT FINDS THAT THE RESPOND-
ENT IS A SEXUALLY EXPLOITED CHILD  AS  DEFINED  IN  SUBDIVISION  ONE  OF

S. 6406                            138                           A. 9006

SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE COURT
MAY  PLACE  THE CHILD with the commissioner of the local social services
district[, the court] AND may direct the commissioner to place the child
with  an  authorized agency or class of authorized agencies, including[,
if the court finds that the respondent is a sexually exploited child  as
defined  in subdivision one of section four hundred forty-seven-a of the
social services law,] an available  long-term  safe  house.  Unless  the
dispositional  order  provides  otherwise,  the court so directing shall
include one of the following alternatives to apply in the event that the
commissioner is unable to so place the child:
  (1) the commissioner shall apply to the court for an  order  to  stay,
modify,  set  aside, or vacate such directive pursuant to the provisions
of section seven hundred sixty-two or seven hundred sixty-three; or
  (2) the commissioner shall return the child to the family court for  a
new dispositional hearing and order.
  (b)  Placements  under  this  section  may be for an initial period of
twelve months. The court may extend  a  placement  pursuant  to  section
seven  hundred  fifty-six-a.  In its discretion, the court may recommend
restitution or require services for  public  good  pursuant  to  section
seven  hundred  fifty-eight-a in conjunction with an order of placement.
For the purposes of calculating the initial period  of  placement,  such
placement  shall  be  deemed to have commenced sixty days after the date
the child was removed from his  or  her  home  in  accordance  with  the
provisions  of  this  article.  [If the respondent has been in detention
pending disposition, the initial period of placement ordered under  this
section  shall  be  credited  with  and diminished by the amount of time
spent by the respondent in detention prior to the  commencement  of  the
placement  unless  the court finds that all or part of such credit would
not serve the best interests of the respondent.
  (c) A placement pursuant to this  section  with  the  commissioner  of
social services shall not be directed in any detention facility, but the
court  may  direct  detention pending transfer to a placement authorized
and ordered under this section for no more than than fifteen days  after
such  order  of  placement  is  made. Such direction shall be subject to
extension pursuant to subdivision three of section three  hundred  nine-
ty-eight  of  the social services law, upon written documentation to the
office of children and family services that the  youth  is  in  need  of
specialized  treatment  or  placement  and  the  diligent efforts by the
commissioner of social services to locate an appropriate placement.]
  S 97. Section 758-a of the family court act, as amended by chapter  73
of  the  laws of 1979, subdivision 1 as amended by chapter 4 of the laws
of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the
laws of 2007, subdivision 2 as amended by chapter 309  of  the  laws  of
1996, and subdivision 3 as separately amended by chapter 568 of the laws
of 1979, is amended to read as follows:
  S 758-a. Restitution. 1. In cases involving acts of [infants] CHILDREN
over  [ten]  TWELVE  and  less than [sixteen] EIGHTEEN years of age, the
court may
  (a) recommend as a condition of placement, or order as a condition  of
probation or suspended judgment, restitution in an amount representing a
fair  and  reasonable  cost to replace the property or repair the damage
caused by the [infant] CHILD,  not,  however,  to  exceed  one  thousand
dollars.  [In  the case of a placement, the court may recommend that the
infant pay out of his or  her  own  funds  or  earnings  the  amount  of
replacement  or  damage, either in a lump sum or in periodic payments in
amounts set by the agency with which he is placed, and in  the  case  of

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probation  or  suspended  judgment,  the] THE court may require that the
[infant] CHILD pay out of his or her own funds or earnings the amount of
replacement or damage, either in a lump sum or in periodic  payments  in
amounts set by the court; and/or
  (b)  order  as a condition of placement, probation, or suspended judg-
ment, services for the public good including in  the  case  of  a  crime
involving  willful, malicious, or unlawful damage or destruction to real
or personal property maintained as a cemetery plot, grave, burial place,
or other place of interment of human remains, services for  the  mainte-
nance and repair thereof, taking into consideration the age and physical
condition of the [infant] CHILD.
  2.  [If  the court recommends restitution or requires services for the
public good in conjunction  with  an  order  of  placement  pursuant  to
section  seven hundred fifty-six, the placement shall be made only to an
authorized agency which has adopted rules and regulations for the super-
vision of such a program, which rules and regulations shall  be  subject
to  the  approval of the state department of social services. Such rules
and regulations shall include, but not  be  limited  to  provisions  (i)
assuring  that  the conditions of work, including wages, meet the stand-
ards therefor prescribed pursuant  to  the  labor  law;  (ii)  affording
coverage to the child under the workers' compensation law as an employee
of such agency, department or institution; (iii) assuring that the enti-
ty  receiving  such  services  shall not utilize the same to replace its
regular employees; and (iv) providing for reports to the court not  less
frequently than every six months, unless the order provides otherwise.
  3.]  If the court requires restitution or services for the public good
[as a condition of probation or suspended judgment],  it  shall  provide
that  an agency or person supervise the restitution or services and that
such agency or person report to the court not less frequently than every
six months, unless the order provides otherwise. Upon the written notice
sent by a school district to the court  and  the  appropriate  probation
department  or agency which submits probation recommendations or reports
to the court, the court may provide  that  such  school  district  shall
supervise the performance of services for the public good.
  [4.]  3. The court, upon receipt of the reports provided for in subdi-
vision two [or three] of this section may, on  its  own  motion  or  the
motion  of  any party or the agency, hold a hearing to determine whether
the [placement] CONDITION should be altered or modified.
  S 98. Section 774 of the family  court  act  is  amended  to  read  as
follows:
  S 774. Action on petition for transfer.  On receiving a petition under
section  seven  hundred  seventy-three,  the  court  may  proceed  under
sections seven hundred thirty-seven, seven hundred thirty-eight or seven
hundred thirty-nine with respect to the issuance of a summons or warrant
[and sections seven hundred twenty-seven and seven  hundred  twenty-nine
govern  questions  of  detention and failure to comply with a promise to
appear]. Due notice of the petition and a copy  of  the  petition  shall
also  be  served  personally  or by mail upon the office of the locality
chargeable for the support of the person involved and  upon  the  person
involved and his OR HER parents and other persons.
  S  98-a.  Article  6 of the social services law is amended by adding a
new title 12 to read as follows:
                                TITLE 12
                         FAMILY SUPPORT CENTERS
SECTION 458-M. FAMILY SUPPORT CENTERS.
        458-N. FUNDING FOR FAMILY SUPPORT CENTERS.

S. 6406                            140                           A. 9006

  S 458-M. FAMILY SUPPORT CENTERS. 1. AS USED IN THIS  TITLE,  THE  TERM
"FAMILY SUPPORT CENTER" SHALL MAN A PROGRAM ESTABLISHED PURSUANT TO THIS
TITLE  TO  PROVIDE  COMMUNITY-BASED  SUPPORTIVE SERVICES TO CHILDREN AND
FAMILIES WITH THE GOAL OF PREVENTING A CHILD FROM  BEING  ADJUDICATED  A
PERSON  IN  NEED  OF SUPERVISION AND HELP PREVENT THE OUT OF HOME PLACE-
MENTS OF SUCH YOUTH UNDER ARTICLE SEVEN OF THE FAMILY COURT ACT.
  2. FAMILY SUPPORT CENTERS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH
CHILDREN AND THEIR FAMILIES, EITHER DIRECTLY OR THROUGH  REFERRALS  WITH
PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO:
  (A) RAPID FAMILY ASSESSMENTS AND SCREENINGS;
  (B) CRISIS INTERVENTION;
  (C) FAMILY MEDIATION AND SKILLS BUILDING;
  (D)  MENTAL  AND BEHAVIORAL HEALTH SERVICES INCLUDING COGNITIVE INTER-
VENTIONS;
  (E) CASE MANAGEMENT;
  (F) RESPITE SERVICES;
  (G) EDUCATION ADVOCACY; AND
  (H) OTHER FAMILY SUPPORT SERVICES.
  3. THE SERVICES THAT ARE PROVIDED SHALL BE TRAUMA  RESPONSIVE,  FAMILY
FOCUSED, GENDER-RESPONSIVE, AND EVIDENCE BASED OR INFORMED AND STRENGTHS
BASED AND SHALL BE TAILORED TO THE INDIVIDUALIZED NEEDS OF THE CHILD AND
FAMILY  BASED ON THE ASSESSMENTS AND SCREENINGS CONDUCTED BY SUCH FAMILY
SUPPORT CENTER.
  4. FAMILY SUPPORT CENTERS SHALL HAVE THE CAPACITY  TO  SERVE  FAMILIES
OUTSIDE OF REGULAR BUSINESS HOURS INCLUDING EVENINGS AND WEEKENDS.
  S  458-N.  FUNDING  FOR FAMILY SUPPORT CENTERS. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, TO THE  EXTENT  THAT  FUNDS  ARE
AVAILABLE  FOR  SUCH PURPOSE, THE OFFICE OF CHILDREN AND FAMILY SERVICES
SHALL DISTRIBUTE FUNDING TO THE HIGHEST NEED SOCIAL  SERVICES  DISTRICTS
TO  CONTRACT  WITH NOT-FOR-PROFIT CORPORATIONS TO OPERATE FAMILY SUPPORT
CENTERS IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC
PROGRAM MODEL REQUIREMENTS ISSUED BY THE OFFICE.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  WHEN
DETERMINING  THE HIGHEST NEED SOCIAL SERVICES DISTRICTS PURSUANT TO THIS
SUBDIVISION, THE OFFICE MAY CONSIDER FACTORS THAT MAY INCLUDE,  BUT  ARE
NOT NECESSARILY LIMITED TO:
  (A)  THE  TOTAL  AMOUNT OF AVAILABLE FUNDING AND THE AMOUNT OF FUNDING
REQUIRED FOR FAMILY SUPPORT CENTERS TO MEET THE OBJECTIVES  OUTLINED  IN
SECTION FOUR HUNDRED FIFTY-EIGHT-M OF THIS TITLE;
  (B)  RELEVANT, AVAILABLE STATISTICS REGARDING EACH DISTRICT, WHICH MAY
INCLUDE, BUT NOT NECESSARILY BE LIMITED TO:
  (I) THE AVAILABILITY OF SERVICES WITHIN SUCH DISTRICT  TO  PREVENT  OR
REDUCE  DETENTION  OR RESIDENTIAL PLACEMENT OF YOUTH PURSUANT TO ARTICLE
SEVEN OF THE FAMILY COURT ACT; AND
  (II)  RELATIVE  TO  THE  YOUTH  POPULATION  OF  SUCH  SOCIAL  SERVICES
DISTRICT:
  (1)  THE  NUMBER  OF  PETITIONS FILED PURSUANT TO ARTICLE SEVEN OF THE
FAMILY COURT ACT; OR
  (2) THE NUMBER  OF  PLACEMENTS  OF  YOUTH  INTO  RESIDENTIAL  CARE  OR
DETENTION PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT;
  (C)  ANY REPORTED PERFORMANCE OUTCOMES REPORTED TO THE OFFICE PURSUANT
TO SUBDIVISION THREE  OF  THIS  SECTION  FOR  PROGRAMS  THAT  PREVIOUSLY
RECEIVED FUNDING PURSUANT TO THIS TITLE; OR
  (D) OTHER APPROPRIATE FACTORS AS DETERMINED BY THE OFFICE.
  3.  SOCIAL SERVICES DISTRICTS RECEIVING FUNDING UNDER THIS TITLE SHALL
REPORT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN  THE  FORM  AND

S. 6406                            141                           A. 9006

MANNER AND AT SUCH TIMES AS DETERMINED BY THE OFFICE, ON THE PERFORMANCE
OUTCOMES  OF ANY FAMILY SUPPORT CENTER LOCATED WITHIN SUCH DISTRICT THAT
RECEIVES FUNDING UNDER THIS TITLE.
  S  98-b.  Subdivisions  3, 3-a, 11 and 12 of section 398 of the social
services law, subdivision 3 as amended by chapter 419  of  the  laws  of
1987,  paragraph (c) of subdivision 3 as amended by section 19 of part E
of chapter 57 of the laws of 2005, subdivision 3-a as added by section 1
of subpart B of part G of chapter 57 of the laws of 2012, subdivision 11
as added by chapter 514 of the  laws  of  1976  and  subdivision  12  as
amended  by  section 12 of subpart B of part Q of chapter 58 of the laws
of 2011, are amended to read as follows:
  3. As to delinquent children [and persons in need of supervision]:
  (a) Investigate complaints as to alleged delinquency of a child.
  (b) Bring such case of alleged delinquency when necessary  before  the
family court.
  (c)  Receive  within  fifteen  days  from  the order of placement as a
public charge any delinquent child committed or  placed  [or  person  in
need  of  supervision  placed]  in  his  or her care by the family court
provided, however, that the commissioner of the social services district
with whom the child is placed may apply to the state commissioner or his
or her designee for approval of an additional fifteen days, upon written
documentation to the office of children and  family  services  that  the
youth  is in need of specialized treatment or placement and the diligent
efforts by the commissioner of social services to locate an  appropriate
placement.
  [3-a. As to delinquent children:
  (a)] (D) (1) Conditionally release any juvenile delinquent placed with
the  district  to aftercare whenever the district determines conditional
release to be consistent with the needs and best interests of such juve-
nile delinquent, that suitable care and supervision can be provided, and
that there is a reasonable probability that such juvenile delinquent can
be conditionally released without endangering public  safety;  provided,
however,  that such conditional release shall be made in accordance with
the regulations of the office  of  children  and  family  services,  and
provided further that no juvenile delinquent while absent from a facili-
ty  or  program  without the consent of the director of such facility or
program shall be conditionally released by the district solely by reason
of the absence.
  (2) It shall be a condition of such release that a juvenile delinquent
so released shall continue  to  be  the  responsibility  of  the  social
services district for the period provided in the order of placement.
  (3)  The  social  services district may provide clothing, services and
other necessities for any conditionally released juvenile delinquent, as
may be required, including medical care and  services  not  provided  to
such  juvenile delinquent as medical assistance for needy persons pursu-
ant to title eleven of article five of this chapter.
  (4) The social services district, pursuant to the regulations  of  the
office  of children and family services, may cause a juvenile delinquent
to be returned to a facility operated and maintained by the district, or
an authorized agency under contract with the district, at any time with-
in the period of placement, where there is a violation of the conditions
of release or a change of circumstances.
  (5) Juvenile delinquents conditionally released by a  social  services
district may be provided for as follows:
  (i)  If,  in  the opinion of the social services district, there is no
suitable parent, relative or guardian to whom a juvenile delinquent  can

S. 6406                            142                           A. 9006

be  conditionally  released,  and  suitable  care  cannot  otherwise  be
secured, the district may conditionally release such juvenile delinquent
to the care of any other suitable person; provided that where such suit-
able  person  has  no legal relationship with the juvenile, the district
shall advise such person of the  procedures  for  obtaining  custody  or
guardianship of the juvenile.
  (ii)  If  a  conditionally  released juvenile delinquent is subject to
article sixty-five of the education law or elects to participate  in  an
educational program leading to a high school diploma, he or she shall be
enrolled  in  a  school  or educational program leading to a high school
diploma following release, or, if such release occurs during the  summer
recess,  upon  the  commencement  of  the  next school term. If a condi-
tionally released juvenile delinquent is not subject to  article  sixty-
five  of  the  education  law,  and  does not elect to participate in an
educational program leading to a high school  diploma,  steps  shall  be
taken,  to the extent possible, to facilitate his or her gainful employ-
ment or enrollment in a vocational program following release.
  [(b)] (E) When a juvenile delinquent placed with the  social  services
district  is  absent  from placement without consent, such absence shall
interrupt the calculation of time for his or her placement. Such  inter-
ruption  shall  continue  until  such juvenile delinquent returns to the
facility or authorized agency in which he or she was  placed.  Provided,
however,  that  any  time spent by a juvenile delinquent in custody from
the date of absence to the date  placement  resumes  shall  be  credited
against the time of such placement provided that such custody:
  (1) was due to an arrest or surrender based upon the absence; or
  (2)  arose from an arrest or surrender on another charge which did not
culminate in a conviction, adjudication or adjustment.
  [(c)] (F) In addition to the other requirements of  this  section,  no
juvenile  delinquent placed with a social services district operating an
approved juvenile justice services close to home initiative pursuant  to
section  four  hundred  four  of  this chapter pursuant to a restrictive
placement under the family court act shall be released  except  pursuant
to section 353.5 of the family court act.
  11.  In  the  case  of a child who is adjudicated [a person in need of
supervision or] a juvenile delinquent and is placed by the family  court
with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and
who is placed by [the division for youth] SUCH OFFICE with an authorized
agency  pursuant to court order, the social services official shall make
expenditures in accordance with the regulations of  the  department  for
the care and maintenance of such child during the term of such placement
subject   to   state  reimbursement  pursuant  to  SECTION  ONE  HUNDRED
FIFTY-THREE-K OF this [title, or article nineteen-G of the executive law
in applicable cases] ARTICLE.
  12. A social services official shall be  permitted  to  place  persons
adjudicated [in need of supervision or] delinquent[, and alleged persons
to  be in need of supervision] in detention pending transfer to a place-
ment, in the same foster care facilities as are providing care to desti-
tute, neglected, abused or abandoned children. Such foster care  facili-
ties  shall not provide care to a youth in the care of a social services
official as a convicted juvenile offender.
  S 98-c. Paragraph (a) of subdivision 1 of section 409-a of the  social
services law, as amended by chapter 87 of the laws of 1993, subparagraph
(i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii)
as amended by section 22 of part C of chapter 83 of the laws of 2002, is
amended to read as follows:

S. 6406                            143                           A. 9006

  (a)  A social services official shall provide preventive services to a
child and his or her family, in accordance  with  the  family's  service
plan  as required by section four hundred nine-e of this [chapter] ARTI-
CLE and the social  services  district's  child  welfare  services  plan
submitted  and  approved pursuant to section four hundred nine-d of this
[chapter] ARTICLE, upon a finding by such official that [(i)] the  child
will  be  placed,  returned  to  or continued in foster care unless such
services are provided and that it  is  reasonable  to  believe  that  by
providing  such  services  the  child  will be able to remain with or be
returned to his or her family, and for a former foster care youth  under
the  age of twenty-one who was previously placed in the care and custody
or custody and guardianship of the local commissioner of social services
or other officer, board or department authorized to receive children  as
public  charges where it is reasonable to believe that by providing such
services the former foster care youth will avoid a return to foster care
[or (ii) the child is the subject of a petition under article  seven  of
the  family  court act, or has been determined by the assessment service
established pursuant to section two hundred forty-three-a of the  execu-
tive  law,  or by the probation service where no such assessment service
has been designated, to be at risk of being the subject of such a  peti-
tion,  and  the social services official determines that the child is at
risk of placement into foster care]. Such finding shall  be  entered  in
the  child's  uniform case record established and maintained pursuant to
section four hundred nine-f of this [chapter] ARTICLE.  The commissioner
shall promulgate regulations to  assist  social  services  officials  in
making  determinations  of  eligibility for mandated preventive services
pursuant to this [subparagraph] PARAGRAPH.
  S 99. Subdivision 1,  the  opening  paragraph  of  subdivision  2  and
subparagraphs (i) and (iii) of paragraph (a) of subdivision 3 of section
529-b of the executive law, as added by section 3 of subpart B of part Q
of chapter 58 of the laws of 2011, are amended to read as follows:
  1.  (a) Notwithstanding any provision of law to the contrary, eligible
expenditures by an eligible municipality for services to divert youth at
risk of, alleged to be,  or  adjudicated  as  juvenile  delinquents  [or
persons  alleged  or adjudicated to be in need of supervision], or youth
alleged to be or convicted  as  juvenile  offenders  from  placement  in
detention or in residential care shall be subject to state reimbursement
under  the  supervision and treatment services for juveniles program for
up to sixty-two percent of the municipality's expenditures,  subject  to
available  appropriations and exclusive of any federal funds made avail-
able for such purposes, not to exceed  the  municipality's  distribution
under the supervision and treatment services for juveniles program.
  (b)  The  state  funds  appropriated for the supervision and treatment
services for juveniles program shall be distributed to eligible  munici-
palities  by  the office of children and family services based on a plan
developed by  the  office  which  may  consider  historical  information
regarding  the  number  of youth seen at probation intake for an alleged
act of delinquency, THE NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
RECEIVING DIVERSION SERVICES UNDER SECTION SEVEN HUNDRED THIRTY-FIVE  OF
THE  FAMILY  COURT  ACT,  the number of youth remanded to detention, the
number of juvenile delinquents placed with the  office,  the  number  of
juvenile  delinquents  [and  persons  in  need of supervision] placed in
residential care with the municipality, the municipality's reduction  in
the  use  of  detention and residential placements, and other factors as
determined by the office. Such plan developed by  the  office  shall  be
subject  to  the  approval  of the director of the budget. The office is

S. 6406                            144                           A. 9006

authorized, in its discretion, to make advance distributions to a  muni-
cipality in anticipation of state reimbursement.
  As  used in this section, the term "municipality" shall mean a county,
or a city having a population of one million or more,  and  "supervision
and   treatment  services  for  juveniles"  shall  mean  community-based
services or programs designed to safely maintain youth in the  community
pending  a  family court disposition or conviction in criminal court and
services or programs provided to youth adjudicated  as  juvenile  delin-
quents [or persons in need of supervision,] or youth alleged to be juve-
nile  offenders  to  prevent  residential  placement  of such youth or a
return to placement where such youth have been released to the community
from residential placement OR PROGRAMS  PROVIDED  TO  YOUTH  ADJUDICATED
PERSONS  IN  NEED  OF SUPERVISION TO MAINTAIN SUCH YOUTH IN THEIR HOMES.
Supervision and treatment services for juveniles may include but are not
limited to services or programs that:
  (i) an analysis that identifies the neighborhoods or communities  from
which  the  greatest number of juvenile delinquents [and persons in need
of supervision] are remanded to detention or  residentially  placed  AND
FROM WHICH THE GREATEST NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
ARE OFFERED DIVERSION SERVICES;
  (iii)  a  description  of  how  the services and programs proposed for
funding will reduce the number of youth from the  municipality  who  are
detained  and  residentially  OR OTHERWISE placed; how such services and
programs are family-focused; and whether such services and programs  are
capable of being replicated across multiple sites;
  S  100.  The  opening paragraph and paragraph (a) of subdivision 2 and
subdivisions 4, 5, 6 and 7 of section 530  of  the  executive  law,  the
opening  paragraph  of  subdivision  2  and  subdivision 4 as amended by
section 4 of subpart B of part Q of chapter 58  of  the  laws  of  2011,
paragraph  (a)  of  subdivision  2  as amended by section 1 of part M of
chapter 57 of the laws of 2012, subdivision 5 as amended by chapter  920
of the laws of 1982, subparagraphs 1, 2 and 4 of paragraph (a) and para-
graph  (b) of subdivision 5 as amended by section 5 of subpart B of part
Q of chapter 58 of the laws of 2011, subdivision 6 as amended by chapter
880 of the laws of 1976, and subdivision 7 as amended by  section  6  of
subpart  B  of  part Q of chapter 58 of the laws of 2011, are amended to
read as follows:
  [Expenditures] EXCEPT AS PROVIDED FOR IN  SUBDIVISION  EIGHT  OF  THIS
SECTION,  EXPENDITURES made by municipalities in providing care, mainte-
nance and supervision to youth in detention facilities designated pursu-
ant to [sections seven hundred twenty and] SECTION 305.2 of  the  family
court  act  and certified by [the division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES, shall be subject to reimbursement by the state,  as
follows:
  (a)  Notwithstanding  any  provision  of law to the contrary, eligible
expenditures by a municipality during a particular program year for  the
care,  maintenance and supervision [in foster care programs certified by
the office of children and family services, certified or approved family
boarding homes, and non-secure detention  facilities  certified  by  the
office  for  those youth alleged to be persons in need of supervision or
adjudicated persons in need of supervision held pending  transfer  to  a
facility upon placement; and] in secure and non-secure detention facili-
ties  certified  by  the  office in accordance with section five hundred
three of this article for those youth  alleged  to  be  juvenile  delin-
quents;  adjudicated  juvenile  delinquents  held  pending transfer to a
facility upon placement, and juvenile delinquents held at the request of

S. 6406                            145                           A. 9006

the office of children and family services pending extension  of  place-
ment  hearings or release revocation hearings or while awaiting disposi-
tion of such hearings; and youth alleged to be or convicted as  juvenile
offenders  AND,  PRIOR  TO  JANUARY  FIRST, TWO THOUSAND NINETEEN, YOUTH
ALLEGED TO BE PERSONS IN NEED OF SUPERVISION OR ADJUDICATED  PERSONS  IN
NEED  OF  SUPERVISION HELD PENDING TRANSFER TO A FACILITY UPON PLACEMENT
IN FOSTER CARE PROGRAMS CERTIFIED BY THE OFFICE OF CHILDREN  AND  FAMILY
SERVICES,  CERTIFIED  OR  APPROVED FAMILY BOARDING HOMES, AND NON-SECURE
DETENTION FACILITIES CERTIFIED BY THE OFFICE, shall be subject to  state
reimbursement  for  up  to  fifty percent of the municipality's expendi-
tures, exclusive of any federal funds made available for such  purposes,
not  to exceed the municipality's distribution from funds that have been
appropriated specifically therefor for that program year. Municipalities
shall implement the use of detention risk assessment  instruments  in  a
manner  prescribed  by  the  office so as to inform detention decisions.
Notwithstanding any other provision of state law to the  contrary,  data
necessary  for  completion of a detention risk assessment instrument may
be shared among law enforcement, probation, courts,  detention  adminis-
trators,  detention  providers,  and  the  attorney  for  the child upon
retention or appointment; solely for the purpose of accurate  completion
of  such  risk  assessment  instrument,  and  a  copy  of  the completed
detention risk assessment instrument shall  be  made  available  to  the
applicable detention provider, the attorney for the child and the court.
  4.  (a) The municipality must notify the office of children and family
services of state aid received under other state aid  formulas  by  each
detention  facility  for which the municipality is seeking reimbursement
pursuant to this section, including but not limited to, aid  for  educa-
tion, probation and mental health services.
  (b)  EXCEPT  AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION:  (I) In
computing reimbursement to the municipality pursuant  to  this  section,
the  office shall insure that the aggregate of state aid under all state
aid formulas shall not exceed fifty percent of the cost of care, mainte-
nance  and  supervision  provided  to  detainees  eligible   for   state
reimbursement under subdivision two of this section, exclusive of feder-
al  aid for such purposes not to exceed the amount of the municipality's
distribution under the juvenile detention services program.
  [(c)] (II) Reimbursement for administrative  related  expenditures  as
defined  by  the  office of children and family services, for secure and
nonsecure detention services shall not exceed seventeen percent  of  the
total  approved  expenditures for facilities of twenty-five beds or more
and shall not exceed twenty-one percent of the total  approved  expendi-
tures for facilities with less than twenty-five beds.
  5.  (a) Except as provided in paragraph (b) of this subdivision, care,
maintenance and supervision for the purpose of this section  shall  mean
and include only:
  (1)  temporary  care,  maintenance and supervision provided TO alleged
juvenile delinquents and persons in need  of  supervision  in  detention
facilities certified pursuant to sections seven hundred twenty and 305.2
of  the  family court act by the office of children and family services,
pending adjudication of alleged delinquency or alleged  need  of  super-
vision by the family court, or pending transfer to institutions to which
committed  or placed by such court or while awaiting disposition by such
court after adjudication or held pursuant to a securing order of a crim-
inal court if the person named therein as principal is  under  [sixteen]
SEVENTEEN YEARS OF AGE; or[,]

S. 6406                            146                           A. 9006

  (1-A)  COMMENCING  ON  JANUARY FIRST, TWO THOUSAND NINETEEN, TEMPORARY
CARE, MAINTENANCE, AND SUPERVISION PROVIDED TO ALLEGED  JUVENILE  DELIN-
QUENTS  IN  DETENTION FACILITIES CERTIFIED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES, PENDING ADJUDICATION  OF  ALLEGED  DELINQUENCY  BY  THE
FAMILY  COURT, OR PENDING TRANSFER TO INSTITUTIONS TO WHICH COMMITTED OR
PLACED BY SUCH COURT OR WHILE AWAITING DISPOSITION BY SUCH  COURT  AFTER
ADJUDICATION OR HELD PURSUANT TO A SECURING ORDER OF A CRIMINAL COURT IF
THE PERSON NAMED THEREIN AS PRINCIPAL IS UNDER TWENTY-ONE; OR
  (2)  temporary  care,  maintenance  and  supervision provided juvenile
delinquents in approved detention  facilities  at  the  request  of  the
office  of children and family services pending release revocation hear-
ings or while awaiting disposition after such hearings; or
  (3) temporary care, maintenance and supervision in approved  detention
facilities for youth held pursuant to the family court act or the inter-
state  compact  on juveniles, pending return to their place of residence
or domicile[.]; OR
  (4) PRIOR TO JANUARY FIRST, TWO  THOUSAND  NINETEEN,  temporary  care,
maintenance  and  supervision  provided  youth  detained  in foster care
facilities or certified or approved family boarding  homes  pursuant  to
article seven of the family court act.
  (b)  Payments made for reserved accommodations, whether or not in full
time use, approved AND CERTIFIED by the office of  children  and  family
services  [and  certified  pursuant to sections seven hundred twenty and
305.2 of the family court act], in order to assure that adequate  accom-
modations  will be available for the immediate reception and proper care
therein of youth for which detention costs are reimbursable pursuant  to
paragraph  (a)  of this subdivision, shall be reimbursed as expenditures
for care, maintenance and  supervision  under  the  provisions  of  this
section,  provided  the  office  shall have given its prior approval for
reserving such accommodations.
  6. The [director of the division for youth]  OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES may adopt, amend, or rescind all rules and regulations,
subject to the approval of the director of the budget and  certification
to  the  chairmen  of  the  senate  finance  and assembly ways and means
committees, necessary to carry out the provisions of this section.
  7. The agency administering detention for each county and the city  of
New  York shall submit to the office of children and family services, at
such times and in such form and manner and containing  such  information
as  required  by  the  office of children and family services, an annual
report on youth remanded pursuant to article three or seven of the fami-
ly court act who are  detained  during  each  calendar  year  including,
commencing  January  first,  two thousand twelve, the risk level of each
detained youth as assessed by a  detention  risk  assessment  instrument
approved  by the office of children and family services PROVIDED, HOWEV-
ER, THAT THE REPORT DUE JANUARY FIRST, TWO THOUSAND TWENTY AND THEREAFT-
ER SHALL NOT BE REQUIRED TO CONTAIN ANY INFORMATION  ON  YOUTH  WHO  ARE
SUBJECT  TO  ARTICLE  SEVEN  OF  THE  FAMILY COURT ACT.   The office may
require that such data on detention use be submitted to the office elec-
tronically. Such report shall include, but not be limited to, the reason
for the court's determination in accordance with section 320.5 or  seven
hundred  thirty-nine  of  the family court act, IF APPLICABLE, to detain
the youth; the offense or offenses with which the youth is charged;  and
all  other  reasons  why  the  youth  remains detained. The office shall
submit a compilation of all the separate reports to the governor and the
legislature.

S. 6406                            147                           A. 9006

  S 100-a. Subparagraph 1 of paragraph d of  subdivision  3  of  section
3214  of  the  education  law,  as amended by chapter 425 of the laws of
2002, is amended to read as follows:
  (1)  Consistent  with  the  federal  gun-free  schools act, any public
school pupil who is determined under this subdivision to have brought  a
firearm  to or possessed a firearm at a public school shall be suspended
for a period of not less than one calendar year and any nonpublic school
pupil participating in a program operated by a  public  school  district
using  funds from the elementary and secondary education act of nineteen
hundred sixty-five who is determined  under  this  subdivision  to  have
brought  a firearm to or possessed a firearm at a public school or other
premises used by the school district to provide such programs  shall  be
suspended  for  a period of not less than one calendar year from partic-
ipation in such program. The procedures of this subdivision shall  apply
to  such  a  suspension of a nonpublic school pupil. A superintendent of
schools, district superintendent of schools or community  superintendent
shall  have the authority to modify this suspension requirement for each
student on a case-by-case basis. The determination of  a  superintendent
shall  be  subject to review by the board of education pursuant to para-
graph c of this subdivision and the  commissioner  pursuant  to  section
three  hundred ten of this chapter. Nothing in this subdivision shall be
deemed to authorize the suspension of a student  with  a  disability  in
violation  of the individuals with disabilities education act or article
eighty-nine of this chapter. A  superintendent  shall  refer  the  pupil
under the age of sixteen who has been determined to have brought a weap-
on  or  firearm to school in violation of this subdivision to a present-
ment agency for a juvenile delinquency proceeding consistent with  arti-
cle  three  of the family court act except a student fourteen or fifteen
years of age who qualifies for juvenile offender status  under  subdivi-
sion  forty-two  of section 1.20 of the criminal procedure law; PROVIDED
HOWEVER, THAT COMMENCING ON JANUARY  FIRST,  TWO  THOUSAND  EIGHTEEN,  A
SUPERINTENDENT  SHALL REFER THE PUPIL UNDER THE AGE OF SEVENTEEN WHO HAS
BEEN DETERMINED TO HAVE  BROUGHT  A  WEAPON  OR  FIREARM  TO  SCHOOL  IN
VIOLATION  OF  THIS  SUBDIVISION  TO A PRESENTMENT AGENCY FOR A JUVENILE
DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT
ACT EXCEPT A STUDENT WHO QUALIFIES FOR JUVENILE  OFFENDER  STATUS  UNDER
SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; AND
PROVIDED  FURTHER  THAT  COMMENCING ON JANUARY FIRST, TWO THOUSAND NINE-
TEEN, A SUPERINTENDENT SHALL REFER THE PUPIL UNDER THE AGE  OF  EIGHTEEN
WHO HAS BEEN DETERMINED TO HAVE BROUGHT A WEAPON OR FIREARM TO SCHOOL IN
VIOLATION  OF  THIS  SUBDIVISION  TO A PRESENTMENT AGENCY FOR A JUVENILE
DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT
ACT EXCEPT A STUDENT WHO QUALIFIES FOR JUVENILE  OFFENDER  STATUS  UNDER
SUBDIVISION  FORTY-TWO  OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW. A
superintendent shall refer any pupil sixteen years of age or older or  a
student  fourteen  or  fifteen  years  of age who qualifies for juvenile
offender status under subdivision forty-two of section 1.20 of the crim-
inal procedure law, who has been determined to have brought a weapon  or
firearm  to  school  in violation of this subdivision to the appropriate
law enforcement officials.
  S 100-b. Paragraph b of subdivision 4 of section 3214 of the education
law, as amended by chapter 181 of the laws of 2000, is amended  to  read
as follows:
  b.  The  school  authorities  may institute proceedings before a court
having jurisdiction to determine the liability of a person  in  parental
relation  to  contribute  towards the maintenance of a school delinquent

S. 6406                            148                           A. 9006

under [sixteen] SEVENTEEN years of age OR COMMENCING JANUARY FIRST,  TWO
THOUSAND  NINETEEN,  UNDER  EIGHTEEN YEARS OF AGE ordered to attend upon
instruction under confinement. If the court shall  find  the  person  in
parental  relation  able to contribute towards the maintenance of such a
minor, it may issue an order fixing the amount to be paid weekly.
  S 101. The executive law is amended by adding a new section  259-p  to
read as follows:
  S 259-P. INTERSTATE DETENTION. (1) NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, A DEFENDANT SUBJECT TO SECTION TWO HUNDRED FIFTY-NINE-MM OF THIS
ARTICLE,  MAY  BE  DETAINED  AS AUTHORIZED BY THE INTERSTATE COMPACT FOR
ADULT OFFENDER SUPERVISION.
  (2) A DEFENDANT SHALL BE DETAINED AT A  LOCAL  CORRECTIONAL  FACILITY,
EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
  (3)  (A)  A  DEFENDANT  SIXTEEN YEARS OF AGE OR YOUNGER, WHO ALLEGEDLY
COMMITS A CRIMINAL ACT OR VIOLATION OF HIS  OR  HER  SUPERVISION  ON  OR
AFTER  JANUARY FIRST, TWO THOUSAND EIGHTEEN OR (B) A DEFENDANT SEVENTEEN
YEARS OF AGE  OR  YOUNGER  WHO  ALLEGEDLY  COMMITS  A  CRIMINAL  ACT  OR
VIOLATION OF HIS OR HER SUPERVISION ON OR AFTER JANUARY FIRST, TWO THOU-
SAND NINETEEN, SHALL BE DETAINED IN A JUVENILE DETENTION FACILITY.
  S 102. Section 153-k of the social services law is amended by adding a
new subdivision 2-a to read as follows:
  2-A.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY,
COMMENCING JANUARY FIRST, TWO  THOUSAND  EIGHTEEN,  STATE  REIMBURSEMENT
SHALL  BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPENDITURES MADE BY
SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS MADE AVAILABLE
FOR SUCH PURPOSES, FOR PREVENTIVE SERVICES,  AFTERCARE  SERVICES,  INDE-
PENDENT  LIVING  SERVICES AND FOSTER CARE SERVICES PROVIDED TO YOUTH AGE
SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH  SERVICES  WOULD  NOT  OTHERWISE
HAVE  BEEN  PROVIDED TO SUCH YOUTH ABSENT THE PROVISIONS IN A CHAPTER OF
THE LAWS OF TWO THOUSAND SIXTEEN THAT  INCREASED  THE  AGE  OF  JUVENILE
JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
  S  103.  The  opening  paragraph  of paragraph (a) of subdivision 8 of
section 404 of the social services law, as added by section 1 of subpart
A of part G of chapter 57 of the laws of 2012,  is  amended  and  a  new
paragraph (a-1) is added to read as follows:
  Notwithstanding  any  other provision of law to the contrary[,] EXCEPT
AS PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION, eligible expend-
itures during the applicable time periods  made  by  a  social  services
district  for an approved juvenile justice services close to home initi-
ative shall, if approved by the  department  of  family  assistance,  be
subject  to  reimbursement  with state funds only up to the extent of an
annual appropriation made specifically therefor, after  first  deducting
therefrom  any  federal  funds  properly  received  or to be received on
account thereof; provided, however,  that  when  such  funds  have  been
exhausted,  a  social  services district may receive state reimbursement
from other available state appropriations for that state fiscal year for
eligible expenditures for services that otherwise would be  reimbursable
under  such  funding  streams. Any claims submitted by a social services
district for reimbursement for a particular state fiscal year for  which
the  social  services district does not receive state reimbursement from
the annual appropriation for the approved close to home  initiative  may
not  be claimed against that district's appropriation for the initiative
for the next or any subsequent state fiscal year.
  (A-1) STATE REIMBURSEMENT SHALL BE  MADE  AVAILABLE  FOR  ONE  HUNDRED
PERCENT  OF  ELIGIBLE  EXPENDITURES  MADE BY A SOCIAL SERVICES DISTRICT,
EXCLUSIVE OF ANY FEDERAL FUNDS MADE AVAILABLE  FOR  SUCH  PURPOSES,  FOR

S. 6406                            149                           A. 9006

APPROVED  JUVENILE  JUSTICE  SERVICES  UNDER  AN  APPROVED CLOSE TO HOME
INITIATIVE PROVIDED TO YOUTH SIXTEEN YEARS OF AGE  OR  OLDER  WHEN  SUCH
SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH ABSENT THE
PROVISIONS  IN  A  CHAPTER  OF  THE  LAWS  OF  TWO THOUSAND SIXTEEN THAT
INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
  S 104. Subdivision 4 of section 246 of the executive law,  as  amended
by section 10 of part D of chapter 56 of the laws of 2010, is amended to
read as follows:
  4.    An  approved  plan and compliance with standards relating to the
administration of probation services promulgated by the commissioner  of
the  division  of  criminal  justice services shall be a prerequisite to
eligibility for state aid.
  The commissioner of the division of criminal justice services may take
into consideration granting additional state aid from  an  appropriation
made  for  state  aid  for county probation services for counties or the
city of New York when a county or the city of New York demonstrates that
additional probation services were dedicated  to  intensive  supervision
programs[,]  AND  intensive  programs  for  sex  offenders  [or programs
defined as juvenile risk intervention services]. THE COMMISSIONER  SHALL
GRANT  ADDITIONAL  STATE AID FROM AN APPROPRIATION DEDICATED TO JUVENILE
RISK INTERVENTION SERVICES COORDINATION BY PROBATION  DEPARTMENTS  WHICH
SHALL INCLUDE, BUT NOT BE LIMITED TO, PROBATION SERVICES PERFORMED UNDER
ARTICLE  THREE OF THE FAMILY COURT ACT. The administration of such addi-
tional grants shall be made according to rules and  regulations  promul-
gated  by the commissioner of the division of criminal justice services.
Each county and the city of New York  shall  certify  the  total  amount
collected pursuant to section two hundred fifty-seven-c of this chapter.
The  commissioner  of  the  division  of criminal justice services shall
thereupon certify to the comptroller for payment by  the  state  out  of
funds  appropriated  for that purpose, the amount to which the county or
the city of New York shall be entitled under this section.  THE  COMMIS-
SIONER  SHALL,  SUBJECT  TO  AN  APPROPRIATION  MADE  AVAILABLE FOR SUCH
PURPOSE, ESTABLISH AND PROVIDE FUNDING TO PROBATION  DEPARTMENTS  FOR  A
CONTINUUM  OF  EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH ALLEGED OR
ADJUDICATED JUVENILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY
COURT ACT OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART
IN ACCORDANCE WITH THE CRIMINAL PROCEDURE LAW.   SUCH  ADDITIONAL  STATE
AID  SHALL  BE MADE IN AN AMOUNT NECESSARY TO PAY ONE HUNDRED PERCENT OF
THE EXPENDITURES FOR EVIDENCE-BASED  PRACTICES  AND  JUVENILE  RISK  AND
EVIDENCE-BASED  INTERVENTION SERVICES PROVIDED TO YOUTH SIXTEEN YEARS OF
AGE OR OLDER WHEN SUCH SERVICES WOULD NOT OTHERWISE HAVE  BEEN  PROVIDED
ABSENT  THE  PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN
THAT INCREASED THE AGE OF JUVENILE JURISDICTION.
  S 105. The second undesignated paragraph of subdivision 4  of  section
246  of  the executive law, as added by chapter 479 of the laws of 1970,
is amended to read as follows:
  [The director shall thereupon certify to the comptroller  for  payment
by  the  state out of funds appropriated for that purpose, the amount to
which the county or the city of New York shall be  entitled  under  this
section.]
  THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY TAKE
INTO  CONSIDERATION  GRANTING ADDITIONAL STATE AID FROM AN APPROPRIATION
MADE FOR STATE AID FOR COUNTY PROBATION SERVICES  FOR  COUNTIES  OR  THE
CITY OF NEW YORK WHEN A COUNTY OR THE CITY OF NEW YORK DEMONSTRATES THAT
ADDITIONAL  PROBATION  SERVICES  WERE DEDICATED TO INTENSIVE SUPERVISION
PROGRAMS AND INTENSIVE PROGRAMS FOR SEX  OFFENDERS.    THE  COMMISSIONER

S. 6406                            150                           A. 9006

SHALL  GRANT  ADDITIONAL  STATE  AID  FROM AN APPROPRIATION DEDICATED TO
JUVENILE RISK INTERVENTION SERVICES COORDINATION  BY  PROBATION  DEPART-
MENTS  WHICH  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, PROBATION SERVICES
PERFORMED  UNDER  ARTICLE  THREE  OF THE FAMILY COURT ACT.  THE ADMINIS-
TRATION OF SUCH ADDITIONAL GRANTS SHALL BE MADE ACCORDING TO  RULES  AND
REGULATIONS  PROMULGATED BY THE COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES. EACH COUNTY AND THE CITY OF NEW YORK SHALL CERTIFY THE
TOTAL AMOUNT COLLECTED PURSUANT TO SECTION TWO HUNDRED FIFTY-SEVEN-C  OF
THIS  CHAPTER.  THE  COMMISSIONER  OF  THE  DIVISION OF CRIMINAL JUSTICE
SERVICES SHALL THEREUPON CERTIFY TO THE COMPTROLLER FOR PAYMENT  BY  THE
STATE  OUT  OF  FUNDS APPROPRIATED FOR THAT PURPOSE, THE AMOUNT TO WHICH
THE COUNTY OR THE CITY OF NEW YORK SHALL BE ENTITLED UNDER THIS SECTION.
THE COMMISSIONER SHALL, SUBJECT TO AN APPROPRIATION MADE  AVAILABLE  FOR
SUCH PURPOSE, ESTABLISH AND PROVIDE FUNDING TO PROBATION DEPARTMENTS FOR
A CONTINUUM OF EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH ALLEGED OR
ADJUDICATED JUVENILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY
COURT ACT OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART
IN  ACCORDANCE  WITH  THE CRIMINAL PROCEDURE LAW.  SUCH ADDITIONAL STATE
AID SHALL BE MADE IN AN AMOUNT NECESSARY TO PAY ONE HUNDRED  PERCENT  OF
THE  EXPENDITURES  FOR  EVIDENCE-BASED  PRACTICES  AND JUVENILE RISK AND
EVIDENCE-BASED INTERVENTION SERVICES PROVIDED TO YOUTH SIXTEEN YEARS  OF
AGE  OR  OLDER WHEN SUCH SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED
ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO  THOUSAND  SIXTEEN
THAT INCREASED THE AGE OF JUVENILE JURISDICTION.
  S  106.  Section  529  of the executive law is amended by adding a new
subdivision 5-b to read as follows:
  5-B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  NO
REIMBURSEMENT  SHALL  BE  REQUIRED  FROM  A SOCIAL SERVICES DISTRICT FOR
EXPENDITURES MADE BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR  THE
CARE, MAINTENANCE, SUPERVISION OR AFTERCARE SUPERVISION OF YOUTH SIXTEEN
YEARS OF AGE OR OLDER THAT WOULD NOT OTHERWISE HAVE BEEN MADE ABSENT THE
PROVISIONS  OF  A  CHAPTER  OF  THE  LAWS  OF  TWO THOUSAND SIXTEEN THAT
INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE OR
THAT AUTHORIZED THE PLACEMENT IN OFFICE OF CHILDREN AND FAMILY  SERVICES
FACILITIES  OF  CERTAIN  OTHER  YOUTH  WHO COMMITTED A CRIME ON OR AFTER
THEIR SIXTEENTH BIRTHDAYS.
  S 106-a. Section 530 of the executive law is amended by adding  a  new
subdivision 8 to read as follows:
  8.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW  TO  THE CONTRARY,
COMMENCING APRIL FIRST,  TWO  THOUSAND  SEVENTEEN,  STATE  REIMBURSEMENT
SHALL  BE  MADE  AVAILABLE  FOR  ONE HUNDRED PERCENT OF A MUNICIPALITY'S
ELIGIBLE EXPENDITURES FOR THE CARE, MAINTENANCE AND SUPERVISION OF YOUTH
SIXTEEN YEARS OF AGE OR OLDER IN NON-SECURE AND SECURE DETENTION FACILI-
TIES WHEN SUCH DETENTION WOULD NOT OTHERWISE HAVE  OCCURRED  ABSENT  THE
PROVISIONS  OF  A  CHAPTER  OF  THE  LAWS  OF  TWO THOUSAND SIXTEEN THAT
INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
  S 107. Severability. If any clause, sentence, paragraph,  subdivision,
section  or  part contained in any part of this act shall be adjudged by
any court of competent jurisdiction to be invalid, such  judgment  shall
not  affect,  impair,  or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence,  paragraph,  subdivi-
sion, section or part contained in any part thereof directly involved in
the  controversy  in which such judgment shall have been rendered. It is
hereby declared to be the intent of the legislature that this act  would
have  been enacted even if such invalid provisions had not been included
herein.

S. 6406                            151                           A. 9006

  S 108. This act shall take effect immediately; provided that:
  a.  sections  forty-eight  and  forty-eight-a  of  this act shall take
effect on the sixtieth day after this act shall have become  a  law  and
shall  be  deemed  to apply to offenses committed prior to, on, or after
such effective date;
  b. sections one through  forty-one,  forty-four  through  forty-seven,
forty-nine,   fifty,  fifty-four  through  eighty,  one  hundred-a,  one
hundred-b and one hundred one of this act shall take effect  January  1,
2018;  provided,  however, that when the applicability of such provision
is dependent on the age of the youth that is alleged or  adjudicated  to
have  been  committed  or  is  convicted of a crime or an act that would
constitute a crime if committed by an adult:
  (i) effective January 1, 2018, such  provisions  shall  be  deemed  to
apply to youth who have been alleged to have committed, adjudicated for,
or  convicted  of,  an  offense that occurred on or after such effective
date and who were 16 years of age at the time the offense occurred, and
  (ii) effective January 1, 2019, such provisions  shall  be  deemed  to
apply to youth who have been alleged to have committed, adjudicated for,
or  convicted  of,  an  offense that occurred on or after such effective
date and who were seventeen years  of  age  at  the  time  such  offense
occurred;
  c.  sections  ninety-eight-a  and  one hundred two through one hundred
six-a of this act shall take effect April 1, 2017;
  d. sections eighty-three through  ninety-eight  and  sections  ninety-
eight-b  through  one  hundred  of this act shall take effect January 1,
2019 and shall be deemed to be applicable to the detention or  placement
of  youth  pursuant  to petitions filed pursuant to article seven of the
family court act on or after such effective date;
  e. sections forty-two and forty-three of this act  shall  take  effect
January 1, 2020;
  f.  the  amendments to subdivision 1 of section 70.02 of the penal law
made by section forty-two of this act shall not affect the expiration of
such subdivision and shall be deemed to expire therewith;
  g. the amendments to paragraph d of section 3214 of the education  law
made by section fifty-one of this act shall not affect the expiration of
such paragraph and shall be deemed to expire therewith;
  h.  the  amendments  to  subdivision  4 of section 353.5 of the family
court act made by section seventy-two of this act shall  be  subject  to
the  expiration and reversion of such subdivision pursuant to section 11
of subpart A of part G of chapter 57 of the laws of  2012,  as  amended,
when  upon such date the provisions of section seventy-three of this act
shall take effect;
  i. the amendments to section 153-k of the social services law made  by
section  one  hundred two of this act shall not affect the expiration of
such section and shall be deemed repealed therewith;
  j. the amendments to subdivision 3-a of  section  398  of  the  social
services law made by section ninety-eight-b of this act shall not affect
the  expiration  of such subdivision and shall be deemed repealed there-
with;
  k. the amendments to subparagraph (ii) of paragraph (a) of subdivision
1 of section 409-a of the social services law made  by  section  ninety-
eight-c of this act shall not affect the expiration of such subparagraph
and shall be deemed to expire therewith;
  l.  the  amendments  to section 404 of the social services law made by
section one hundred three of this act shall not affect the expiration of
such section and shall be deemed repealed therewith;

S. 6406                            152                           A. 9006

  m. the amendments to the second undesignated paragraph of  subdivision
4  of  section 246 of the executive law made by section one hundred four
of this act shall be subject to the expiration  and  reversion  of  such
undesignated paragraph as provided in subdivision (aa) of section 427 of
chapter  55 of the laws of 1992, as amended, when upon such date section
one hundred five of this act shall take effect; and
  n. the amendments to paragraph (f) of subdivision 1 of  section  70.30
of  the  penal  law  made  by section forty-four-a of this act shall not
affect the expiration and reversion of such paragraph and  shall  expire
and be deemed repealed therewith.

                                 PART O

  Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
section 131-o of the social services law, as amended  by  section  1  of
part  I  of  chapter  56  of  the  laws  of 2015, are amended to read as
follows:
  (a) in the case of each individual receiving family  care,  an  amount
equal  to  at least $141.00 for each month beginning on or after January
first, two thousand [fifteen] SIXTEEN.
  (b) in the case of each  individual  receiving  residential  care,  an
amount  equal  to  at least $163.00 for each month beginning on or after
January first, two thousand [fifteen] SIXTEEN.
  (c) in the case of  each  individual  receiving  enhanced  residential
care, an amount equal to at least $193.00 for each month beginning on or
after January first, two thousand [fifteen] SIXTEEN.
  (d)  for  the  period commencing January first, two thousand [sixteen]
SEVENTEEN, the monthly personal needs allowance shall be an amount equal
to the sum of the amounts set forth in subparagraphs one and two of this
paragraph:
  (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
subdivision; and
  (2)  the  amount  in subparagraph one of this paragraph, multiplied by
the percentage of any  federal  supplemental  security  income  cost  of
living adjustment which becomes effective on or after January first, two
thousand  [sixteen] SEVENTEEN, but prior to June thirtieth, two thousand
[sixteen] SEVENTEEN, rounded to the nearest whole dollar.
  S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
section  209 of the social services law, as amended by section 2 of part
I of chapter 56 of the laws of 2015, are amended to read as follows:
  (a) On and after January first, two thousand [fifteen] SIXTEEN, for an
eligible individual living alone, $820.00; and for  an  eligible  couple
living alone, $1204.00.
  (b) On and after January first, two thousand [fifteen] SIXTEEN, for an
eligible  individual  living with others with or without in-kind income,
$756.00; and for an eligible couple living with others with  or  without
in-kind income, $1146.00.
  (c)  On  and  after January first, two thousand [fifteen] SIXTEEN, (i)
for an eligible individual receiving family care, $999.48 if he  or  she
is  receiving such care in the city of New York or the county of Nassau,
Suffolk, Westchester or  Rockland;  and  (ii)  for  an  eligible  couple
receiving  family  care in the city of New York or the county of Nassau,
Suffolk, Westchester or Rockland, two times  the  amount  set  forth  in
subparagraph  (i) of this paragraph; or (iii) for an eligible individual
receiving such care in any other county in the state, $961.48; and  (iv)
for  an  eligible  couple receiving such care in any other county in the

S. 6406                            153                           A. 9006

state, two times the amount set forth  in  subparagraph  (iii)  of  this
paragraph.
  (d)  On  and  after January first, two thousand [fifteen] SIXTEEN, (i)
for an eligible individual receiving residential care, $1168.00 if he or
she is receiving such care in the city of New  York  or  the  county  of
Nassau,  Suffolk,  Westchester  or  Rockland;  and  (ii) for an eligible
couple receiving residential care in the city of New York or the  county
of  Nassau,  Suffolk,  Westchester or Rockland, two times the amount set
forth in subparagraph (i) of this paragraph; or (iii)  for  an  eligible
individual  receiving  such  care  in  any  other  county  in the state,
$1138.00; and (iv) for an eligible couple receiving  such  care  in  any
other  county  in  the state, two times the amount set forth in subpara-
graph (iii) of this paragraph.
  (e) (i) On and after January first, two  thousand  [fifteen]  SIXTEEN,
for   an   eligible  individual  receiving  enhanced  residential  care,
$1427.00; and (ii) for an eligible couple receiving enhanced residential
care, two times the amount set forth in subparagraph (i) of  this  para-
graph.
  (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision  shall  be  increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which  become
effective  on  or  after January first, two thousand [sixteen] SEVENTEEN
but prior to June thirtieth, two thousand [sixteen] SEVENTEEN.
  S 3. This act shall take effect December 31, 2016.

                                 PART P

  Section 1. Notwithstanding any other provision  of  law,  the  housing
trust  fund  corporation  may  provide, for purposes of the rural rental
assistance program, a sum not to exceed twenty-two million  two  hundred
ninety-two  thousand  dollars for the fiscal year ending March 31, 2017.
Notwithstanding any other provision of law, and subject to the  approval
of  the New York state director of the budget, the board of directors of
the state of New York mortgage agency shall authorize  the  transfer  to
the  housing trust fund corporation, for the purposes of reimbursing any
costs associated with rural rental assistance program contracts  author-
ized  by  this section, a total sum not to exceed twenty-two million two
hundred ninety-two thousand dollars, such transfer to be made  from  (i)
the  special  account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage  insur-
ance fund, as determined and certified by the state of New York mortgage
agency  for  the fiscal year 2015-2016 in accordance with section 2429-b
of the public authorities law, if any, and/or  (ii)  provided  that  the
reserves in the project pool insurance account of the mortgage insurance
fund  created  pursuant  to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating  (as  determined
by  the  state  of  New York mortgage agency) required to accomplish the
purposes of such account, the project  pool  insurance  account  of  the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2016.  Notwithstanding any other provision of
law,  such  funds may be used by the corporation in support of contracts
scheduled to expire in the fiscal year ending March 31, 2017 for as many
as 10 additional  years;  in  support  of  contracts  for  new  eligible
projects for a period not to exceed 5 years; and in support of contracts

S. 6406                            154                           A. 9006

which  reach  their  25  year maximum in and/or prior to the fiscal year
ending March 31, 2017 for an additional one year period.
  S  2.  Notwithstanding any other provision of law, the housing finance
agency may provide, for costs  associated  with  the  rehabilitation  of
Mitchell  Lama  housing  projects, a sum not to exceed forty-two million
dollars for the fiscal year ending March 31, 2017.  Notwithstanding  any
other  provision  of  law,  and  subject to the approval of the New York
state director of the budget, the board of directors of the state of New
York mortgage agency shall authorize the transfer to the housing finance
agency, for the purposes of reimbursing any costs associated with  Mitc-
hell  Lama  housing projects authorized by this section, a total sum not
to exceed forty-two million dollars, such transfer to be made  from  (i)
the  special  account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage  insur-
ance fund, as determined and certified by the state of New York mortgage
agency  for  the fiscal year 2015-2016 in accordance with section 2429-b
of the public authorities law, if any, and/or  (ii)  provided  that  the
reserves in the project pool insurance account of the mortgage insurance
fund  created  pursuant  to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating  (as  determined
by  the  state  of  New York mortgage agency) required to accomplish the
purposes of such account, the project  pool  insurance  account  of  the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than March 31, 2017.
  S  3.  Notwithstanding  any  other provision of law, the housing trust
fund corporation may provide, for purposes of the neighborhood preserva-
tion program, a sum not to exceed eight million  four  hundred  seventy-
nine  thousand  dollars  for  the  fiscal  year  ending  March 31, 2017.
Notwithstanding any other provision of law, and subject to the  approval
of  the New York state director of the budget, the board of directors of
the state of New York mortgage agency shall authorize  the  transfer  to
the  housing trust fund corporation, for the purposes of reimbursing any
costs  associated  with  neighborhood  preservation  program   contracts
authorized by this section, a total sum not to exceed eight million four
hundred seventy-nine thousand dollars, such transfer to be made from (i)
the  special  account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage  insur-
ance fund, as determined and certified by the state of New York mortgage
agency  for  the fiscal year 2015-2016 in accordance with section 2429-b
of the public authorities law, if any, and/or  (ii)  provided  that  the
reserves in the project pool insurance account of the mortgage insurance
fund  created  pursuant  to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating  (as  determined
by  the  state  of  New York mortgage agency) required to accomplish the
purposes of such account, the project  pool  insurance  account  of  the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2016.
  S  4.  Notwithstanding  any  other provision of law, the housing trust
fund corporation may provide, for purposes  of  the  rural  preservation
program,  a  sum  not  to  exceed three million five hundred thirty-nine
thousand dollars for the fiscal year ending March 31,  2017.    Notwith-
standing  any other provision of law, and subject to the approval of the
New York state director of the budget, the board  of  directors  of  the
state  of  New  York mortgage agency shall authorize the transfer to the

S. 6406                            155                           A. 9006

housing trust fund corporation, for  the  purposes  of  reimbursing  any
costs associated with rural preservation program contracts authorized by
this section, a total sum not to exceed three million five hundred thir-
ty-nine  thousand dollars, such transfer to be made from (i) the special
account of the mortgage  insurance  fund  created  pursuant  to  section
2429-b  of  the  public  authorities law, in an amount not to exceed the
actual excess balance in the special account of the  mortgage  insurance
fund,  as  determined  and  certified  by the state of New York mortgage
agency for the fiscal year 2015-2016 in accordance with  section  2429-b
of  the  public  authorities  law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the  public  authorities  law
are  sufficient  to attain and maintain the credit rating (as determined
by the state of New York mortgage agency)  required  to  accomplish  the
purposes  of  such  account,  the  project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2016.
  S 5. Notwithstanding any other provision of  law,  the  housing  trust
fund corporation may provide, for purposes of the rural and urban commu-
nity  investment  fund  program created pursuant to article XXVII of the
private housing finance law, a sum not to exceed thirty-five million two
hundred fifty thousand dollars for the  fiscal  year  ending  March  31,
2017.    Notwithstanding  any other provision of law, and subject to the
approval of the New York state director of  the  budget,  the  board  of
directors  of  the state of New York mortgage agency shall authorize the
transfer to the housing trust fund  corporation,  for  the  purposes  of
reimbursing  any costs associated with rural and urban community invest-
ment fund program contracts authorized by this section, a total sum  not
to  exceed  thirty-five million two hundred fifty thousand dollars, such
transfer to be made from (i) the special account of the mortgage  insur-
ance  fund  created pursuant to section 2429-b of the public authorities
law, in an amount not to exceed the actual excess balance in the special
account of the mortgage insurance fund, as determined and  certified  by
the  state  of New York mortgage agency for the fiscal year 2015-2016 in
accordance with section 2429-b of the public authorities  law,  if  any,
and/or  (ii)  provided  that  the reserves in the project pool insurance
account of the mortgage  insurance  fund  created  pursuant  to  section
2429-b  of the public authorities law are sufficient to attain and main-
tain the credit rating (as determined by the state of New York  mortgage
agency) required to accomplish the purposes of such account, the project
pool  insurance account of the mortgage insurance fund, such transfer to
be made as soon as practicable but no later than March 31, 2017.
  S 6. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  may  provide,  for  the  purposes of carrying out the
provisions of the low income housing trust fund program created pursuant
to article XVIII of the private housing finance law, a sum not to exceed
ten million dollars for the fiscal year ending March 31, 2017.  Notwith-
standing  any other provision of law, and subject to the approval of the
New York state director of the budget, the board  of  directors  of  the
state  of  New  York mortgage agency shall authorize the transfer to the
housing trust fund corporation, for the purposes  of  carrying  out  the
provisions of the low income housing trust fund program created pursuant
to  article  XVIII of the private housing finance law authorized by this
section, a total sum not to exceed ten million dollars, such transfer to
be made from (i) the special account  of  the  mortgage  insurance  fund
created  pursuant to section 2429-b of the public authorities law, in an

S. 6406                            156                           A. 9006

amount not to exceed the actual excess balance in the special account of
the mortgage insurance fund, as determined and certified by the state of
New York mortgage agency for the fiscal  year  2015-2016  in  accordance
with  section  2429-b of the public authorities law, if any, and/or (ii)
provided that the reserves in the project pool insurance account of  the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities  law are sufficient to attain and maintain the credit rating
(as determined by the state of New York  mortgage  agency)  required  to
accomplish  the  purposes  of  such  account, the project pool insurance
account of the mortgage insurance fund, such transfer to be made as soon
as practicable but no later than March 31, 2017.
  S 7. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  may  provide,  for  purposes of the homes for working
families program for deposit in the housing trust fund created  pursuant
to  section  59-a  of the private housing finance law and subject to the
provisions of article XVIII of the private housing finance  law,  a  sum
not  to  exceed  twelve million seven hundred fifty thousand dollars for
the fiscal  year  ending  March  31,  2017.  Notwithstanding  any  other
provision  of  law,  and  subject  to the approval of the New York state
director of the budget, the board of directors of the state of New  York
mortgage  agency  shall authorize the transfer to the housing trust fund
corporation, for the purposes of reimbursing any costs  associated  with
homes for working families program contracts authorized by this section,
a  total  sum  not to exceed twelve million seven hundred fifty thousand
dollars, such transfer to be made from (i) the special  account  of  the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law, in an amount not to exceed the actual excess balance in
the  special  account  of the mortgage insurance fund, as determined and
certified by the state of New York mortgage agency for the  fiscal  year
2015-2016  in  accordance  with section 2429-b of the public authorities
law, if any, and/or (ii) provided that the reserves in the project  pool
insurance  account  of  the  mortgage insurance fund created pursuant to
section 2429-b of the public authorities law are  sufficient  to  attain
and  maintain  the credit rating (as determined by the state of New York
mortgage agency) required to accomplish the purposes  of  such  account,
the  project pool insurance account of the mortgage insurance fund, such
transfer to be made as soon as practicable but no later than  March  31,
2017.
  S  8. Notwithstanding any other provision of law, the homeless housing
and assistance corporation may provide, for purposes  of  the  New  York
state  supportive  housing  program,  the  solutions to end homelessness
program or the operational support for AIDS housing program, or to qual-
ified grantees under those programs, in accordance with the requirements
of those programs, a sum not to exceed fifteen million six hundred nine-
ty thousand dollars for the fiscal year ending March 31, 2017. The home-
less housing and assistance corporation may enter into an agreement with
the office of temporary and disability assistance to administer such sum
in accordance with the requirements of the programs. Notwithstanding any
other provision of law, and subject to the approval of the  director  of
the  budget,  the  board  of directors of the state of New York mortgage
agency shall authorize the transfer to the homeless housing and  assist-
ance  corporation, a total sum not to exceed fifteen million six hundred
ninety thousand dollars, such transfer to be made from (i)  the  special
account  of  the  mortgage  insurance  fund  created pursuant to section
2429-b of the public authorities law, in an amount  not  to  exceed  the
actual  excess  balance in the special account of the mortgage insurance

S. 6406                            157                           A. 9006

fund, as determined and certified by the  state  of  New  York  mortgage
agency  for  the fiscal year 2015-2016 in accordance with section 2429-b
of the public authorities law, if any, and/or  (ii)  provided  that  the
reserves in the project pool insurance account of the mortgage insurance
fund  created  pursuant  to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating  (as  determined
by  the  state  of  New York mortgage agency) required to accomplish the
purposes of such account, the project  pool  insurance  account  of  the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than March 31, 2017.
  S 9. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through P of this act shall be
as specifically set forth in the last section of such Parts.

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

    S. 6406--A                                            A. 9006--A

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

                            January 14, 2016
                               ___________

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

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

AN  ACT  to amend the education law, in relation to contracts for excel-
  lence and the apportionment of public moneys; to amend  the  education
  law,  in relation to applications for waivers of certain duties by the
  education department; to amend the education law in relation to  char-
  ter  schools;  to  establish  the  empire state pre-kindergarten grant
  board; to amend the  education  law,  in  relation  to  the  statewide
  universal  full-day  pre-kindergarten program; to amend chapter 552 of
  the laws of 1995, amending the education law relating to contracts for
  the transportation of school children, in relation to  the  effective-
  ness  thereof;  to  amend chapter 756 of the laws of 1992, relating to
  funding a program for work force education conducted by the consortium
  for worker education in New York city, in relation  to  reimbursements
  for  the  2015-2016  school  year; to amend chapter 756 of the laws of
  1992, relating to funding a program for work force education conducted
  by the consortium for worker education in New York city,  in  relation
  to  withholding  a portion of employment preparation education aid and
  in relation to the effectiveness thereof; to amend the  state  finance
  law,  in relation to the New York state teen health education fund; to
  amend chapter 169 of the laws of 1994, relating to certain  provisions
  related  to  the  1994-95 state operations, aid to localities, capital
  projects and debt service budgets, in relation  to  the  effectiveness
  thereof;  to amend chapter 82 of the laws of 1995, amending the educa-
  tion law and other laws relating to state aid to school districts  and
  the  appropriation of funds for the support of government, in relation
  to the effectiveness thereof; to amend chapter  147  of  the  laws  of
  2001,  amending  the education law relating to conditional appointment
  of school district, charter school or BOCES employees, in relation  to

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

                      [ ] is old law to be omitted.
                                                           LBD12672-02-6

S. 6406--A                          2                         A. 9006--A

  the  effectiveness  thereof; to amend chapter 425 of the laws of 2002,
  amending the education law relating to the provision  of  supplemental
  educational  services,  attendance  at  a  safe  public school and the
  suspension  of pupils who bring a firearm to or possess a firearm at a
  school, in relation to the effectiveness thereof; and to amend chapter
  101 of the laws of 2003, amending the education law relating to imple-
  mentation of the No Child Left Behind Act of 2001, in relation to  the
  effectiveness  thereof  (Part  A);  to  amend  the  education  law, in
  relation to school emergency response plans (Part  B);  to  amend  the
  education  law,  in  relation to the city of New York assuming greater
  financial responsibility for the city university of  New  York  senior
  colleges  (Part  C);  to  amend  the education law, in relation to the
  NY-SUNY 2020 challenge grant program act; and to amend chapter 260  of
  the  laws  of  2011, amending the education law and the New York state
  urban development corporation act relating to establishing  components
  of  the NY 2020 challenge grant program, in relation to the effective-
  ness thereof (Part D); to amend the state finance law, in relation  to
  the creation of the SUNY Stony Brook Affiliation escrow fund (Part E);
  to  amend  the  education law, in relation to eligibility requirements
  and conditions governing general awards, academic  performance  awards
  and  student  loans; eligibility requirements for assistance under the
  higher education opportunity programs and the collegiate  science  and
  technology  entry program; the definition of "resident"; financial aid
  opportunities for students of the state university of  New  York,  the
  city  university  of  New York and community colleges; and the program
  requirements for the New York state  college  choice  tuition  savings
  program; and to repeal subdivision 3 of section 661 of such law relat-
  ing  thereto (Part F); to amend chapter 161 of the laws of 2005 amend-
  ing the education law relating to the New York state  licensed  social
  worker  loan  forgiveness  program,  in  relation to the effectiveness
  thereof; to amend part V of chapter 57 of the laws  of  2005  amending
  the  education law relating to the New York state nursing faculty loan
  forgiveness incentive program and the New York state  nursing  faculty
  scholarship  program,  in  relation  to  the effectiveness thereof; to
  amend chapter 31 of the laws of 1985 amending the education law relat-
  ing to regents scholarships in certain professions; and to  amend  the
  education  law,  in  relation to forgiving loans upon the death of the
  recipient (Part G); to amend the education law,  the  business  corpo-
  ration law, the partnership law and the limited liability company law,
  in relation to certified public accountants (Part H); to amend chapter
  91  of  the  laws  of  2002, amending the education law and other laws
  relating to reorganization of the New York  city  school  construction
  authority, board of education and community boards, in relation to the
  effectiveness  thereof;  and to amend chapter 345 of the laws of 2009,
  amending the education law and other laws relating  to  the  New  York
  city  board of education, chancellor, community councils and community
  superintendents, in relation to the effectiveness thereof (Part I); to
  amend the labor law, in relation to the apprenticeship training  coun-
  cil (Part J); to amend the labor law, in relation to the minimum wage;
  and  repealing  certain  provisions  of such law relating thereto; and
  providing for the repeal of certain  provisions  upon  the  expiration
  thereof (Part K); to amend the labor law, in relation to enhancing the
  urban  youth  jobs  program  tax credit by increasing the sum of money
  allocated to programs four and five (Part  L);  to  amend  the  family
  court  act,  in  relation  to findings that must be made at permanency
  hearings, and to amend the social services law, in relation to guardi-

S. 6406--A                          3                         A. 9006--A

  anship expenses, the reasonable and prudent parent  standard  and  the
  criminal  history of prospective foster and adoptive parents (Part M);
  to amend the criminal procedure law, the  penal  law,  the  correction
  law,  the  education  law, the executive law, the family court act and
  the social services law, in relation to proceedings  against  juvenile
  offenders  and  the  age  of  juvenile offenders and to repeal certain
  provisions of the criminal procedure law, the family court act and the
  executive law relating thereto (Part N); to amend the social  services
  law, in relation to increasing the standards of monthly need for aged,
  blind  and  disabled  persons  living  in  the  community (Part O); to
  utilize reserves in the mortgage insurance fund  for  various  housing
  purposes  (Part  P);  and to amend Part D of chapter 58 of the laws of
  2011 amending the education law  relating  to  capital  facilities  in
  support  of  the  state university and community colleges, procurement
  and the state university health care facilities, in  relation  to  the
  effectiveness thereof (Part Q)

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

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2016-2017
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through Q. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 1 of part A of chapter 56 of the laws of
2015, is amended to read as follows:
  e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
district  that  submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for  excel-
lence  for  the  two  thousand  nine--two  thousand  ten  school year in
conformity with the requirements of subparagraph (vi) of paragraph a  of
subdivision  two  of this section unless all schools in the district are
identified as in good standing  and  provided  further  that,  a  school
district  that  submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in  the  district
are  identified  as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
graph  a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than  the  product  of  the  amount
approved  by the commissioner in the contract for excellence for the two
thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
district's  gap  elimination  adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the

S. 6406--A                          4                         A. 9006--A

two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as  in  good  standing,  shall  submit  a
contract  for excellence for the two thousand twelve--two thousand thir-
teen  school  year  which  shall,  notwithstanding  the  requirements of
subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
provide  for  the  expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract  for  excellence
for  the  two  thousand  eleven--two  thousand  twelve  school  year and
provided further that, a school district that submitted a  contract  for
excellence  for  the  two  thousand twelve--two thousand thirteen school
year, unless all schools in the  district  are  identified  as  in  good
standing,  shall  submit  a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision  two
of this section, provide for the expenditure of an amount which shall be
not  less  than  the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year and provided further that,  a  school  district  that  submitted  a
contract  for  excellence  for  the  two thousand thirteen--two thousand
fourteen school year, unless all schools in the district are  identified
as  in good standing, shall submit a contract for excellence for the two
thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
notwithstanding  the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section,  provide  for  the  expenditure  of  an
amount  which  shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand thirteen--two
thousand fourteen school year;  and  provided  further  that,  a  school
district  that  submitted a contract for excellence for the two thousand
fourteen--two thousand fifteen school year, unless all  schools  in  the
district are identified as in good standing, shall submit a contract for
excellence  for  the  two  thousand fifteen--two thousand sixteen school
year which shall, notwithstanding the requirements of subparagraph  (vi)
of  paragraph  a  of  subdivision  two  of this section, provide for the
expenditure of an amount  which  shall  be  not  less  than  the  amount
approved  by the commissioner in the contract for excellence for the two
thousand  fourteen--two  thousand  fifteen  school  year;  AND  PROVIDED
FURTHER  THAT A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE
FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL  YEAR,  UNLESS
ALL  SCHOOLS  IN  THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL
SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND SIXTEEN--TWO THOU-
SAND SEVENTEEN SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS
OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS  SECTION,
PROVIDE  FOR  THE  EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN
THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT  FOR  EXCELLENCE
FOR  THE  TWO  THOUSAND  FIFTEEN--TWO  THOUSAND SIXTEEN SCHOOL YEAR. For
purposes of this paragraph, the "gap elimination adjustment  percentage"
shall  be  calculated as the sum of one minus the quotient of the sum of
the school district's net gap elimination adjustment  for  two  thousand
ten--two thousand eleven computed pursuant to chapter fifty-three of the
laws  of  two  thousand  ten,  making  appropriations for the support of
government, plus the school district's gap  elimination  adjustment  for
two thousand eleven--two thousand twelve as computed pursuant to chapter
fifty-three  of  the  laws of two thousand eleven, making appropriations
for the support of the local assistance budget,  including  support  for
general support for public schools, divided by the total aid for adjust-
ment  computed  pursuant to chapter fifty-three of the laws of two thou-

S. 6406--A                          5                         A. 9006--A

sand eleven, making appropriations  for  the  local  assistance  budget,
including  support  for  general  support  for public schools. Provided,
further, that such amount shall be  expended  to  support  and  maintain
allowable programs and activities approved in the two thousand nine--two
thousand  ten  school  year  or  to  support  new  or expanded allowable
programs and activities in the current year.
  S 2. The closing paragraph of subdivision 5-a of section 3602  of  the
education  law,  as  amended by section 2 of part A of chapter 56 of the
laws of 2015, is amended to read as follows:
  For the two thousand eight--two thousand nine school year, each school
district shall be entitled to an apportionment equal to the  product  of
fifteen  percent  and  the additional apportionment computed pursuant to
this subdivision for the two thousand seven--two thousand  eight  school
year.  For  the two thousand nine--two thousand ten through two thousand
[fifteen] SIXTEEN--two thousand [sixteen] SEVENTEEN school  years,  each
school  district  shall  be  entitled  to  an apportionment equal to the
amount set forth for such school district as  "SUPPLEMENTAL  PUB  EXCESS
COST"  under  the  heading  "2008-09  BASE  YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of  the  budget
for  the  two  thousand  nine--two thousand ten school year and entitled
"SA0910".
  S 3. Subdivision 12 of section 3602 of the education law is amended by
adding a fourth undesignated paragraph to read as follows:
  FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, EACH
SCHOOL DISTRICT SHALL BE ENTITLED  TO  AN  APPORTIONMENT  EQUAL  TO  THE
AMOUNT  SET  FORTH  FOR  SUCH  SCHOOL DISTRICT AS "ACADEMIC ENHANCEMENT"
UNDER THE HEADING "2015-16 ESTIMATED AIDS" IN THE  SCHOOL  AID  COMPUTER
LISTING  PRODUCED  BY  THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE
TWO THOUSAND FIFTEEN--TWO THOUSAND  SIXTEEN  SCHOOL  YEAR  AND  ENTITLED
"SA151-6",  AND  SUCH APPORTIONMENT SHALL BE DEEMED TO SATISFY THE STATE
OBLIGATION TO PROVIDE AN APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT  OF
SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE.
  S  4.  The  opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 4 of part A of chapter  56  of  the
laws of 2015, is amended to read as follows:
  Each  school  district  shall  be  eligible  to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school  year,
which  shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment  received
by  the school district pursuant to this subdivision in the two thousand
seven--two thousand eight school year,  multiplied  by  the  due-minimum
factor,  which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b  of  subdivision  three  of  this
section that is less than two, seventy percent (0.70), and for all other
districts,  fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the  two  thousand  nine--two
thousand  ten  through two thousand twelve--two thousand thirteen school
years in the amount set forth for such school district as "HIGH TAX AID"
under the heading "2008-09 BASE YEAR AIDS" in the  school  aid  computer
listing  produced  by  the commissioner in support of the budget for the
two thousand nine--two thousand ten school year and  entitled  "SA0910".
Each  school district shall be eligible to receive a high tax aid appor-
tionment in the two thousand  thirteen--two  thousand  fourteen  through
[two  thousand  fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO
THOUSAND SEVENTEEN school years equal to the greater of (1)  the  amount

S. 6406--A                          6                         A. 9006--A

set  forth  for such school district as "HIGH TAX AID" under the heading
"2008-09 BASE YEAR AIDS" in the school aid computer listing produced  by
the commissioner in support of the budget for the two thousand nine--two
thousand  ten  school  year  and entitled "SA0910" or (2) the amount set
forth for such school district as  "HIGH  TAX  AID"  under  the  heading
"2013-14  ESTIMATED AIDS" in the school aid computer listing produced by
the commissioner in support of the  executive  budget  for  the  2013-14
fiscal year and entitled "BT131-4".
  S  5. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 5 of part A of chapter  56  of  the
laws of 2015, is amended to read as follows:
  Notwithstanding  any provision of law to the contrary, for aid payable
in the two thousand eight--two thousand nine school year, the  grant  to
each eligible school district for universal prekindergarten aid shall be
computed  pursuant  to this subdivision, and for the two thousand nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each school district shall be eligible for a maximum grant equal to  the
amount  computed for such school district for the base year in the elec-
tronic data file produced by the commissioner  in  support  of  the  two
thousand  nine--two  thousand ten education, labor and family assistance
budget, provided, however, that in the case of a  district  implementing
programs  for  the  first time or implementing expansion programs in the
two thousand eight--two thousand nine school year  where  such  programs
operate  for a minimum of ninety days in any one school year as provided
in section 151-1.4 of the regulations of the commissioner, for  the  two
thousand nine--two thousand ten and two thousand ten--two thousand elev-
en  school  years,  such school district shall be eligible for a maximum
grant equal to the amount computed pursuant to paragraph a  of  subdivi-
sion  nine  of this section in the two thousand eight--two thousand nine
school year, and for the two thousand eleven--two thousand twelve school
year each school district shall be eligible for a maximum grant equal to
the amount set forth for such school district as  "UNIVERSAL  PREKINDER-
GARTEN"  under  the  heading  "2011-12 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the  enacted
budget  for  the 2011-12 school year and entitled "SA111-2", and for two
thousand twelve--two thousand thirteen through  two  thousand  [fifteen]
SIXTEEN--two  thousand  [sixteen]  SEVENTEEN  school  years  each school
district shall be eligible for a maximum grant equal to the  greater  of
(i)  the amount set forth for such school district as "UNIVERSAL PREKIN-
DERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school  aid
computer  listing produced by the commissioner in support of the enacted
budget for the 2011-12 school year and entitled "SA111-2", or  (ii)  the
amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN"
under  the  heading  "2010-11 BASE YEAR AIDS" in the school aid computer
listing produced by the commissioner  on  May  fifteenth,  two  thousand
eleven  pursuant  to  paragraph  b  of subdivision twenty-one of section
three hundred five of this chapter, and provided further that the  maxi-
mum  grant shall not exceed the total actual grant expenditures incurred
by the school district in the current school year  as  approved  by  the
commissioner.
  S  6.  Paragraph  h of subdivision 17 of section 3602 of the education
law, as added by section 5-b of part A of chapter  56  of  the  laws  of
2015, is amended and a new paragraph i is added to read as follows:
  h.  [The  gap  elimination  adjustment  restoration amount for the two
thousand sixteen--two thousand  seventeen  school  year  and  thereafter
shall  equal  the  product  of  the  gap elimination percentage for such

S. 6406--A                          7                         A. 9006--A

district and  the  gap  elimination  adjustment  restoration  allocation
established  pursuant  to  subdivision eighteen of this section] THE GAP
ELIMINATION ADJUSTMENT RESTORATION AMOUNT FOR THE TWO THOUSAND  SIXTEEN-
-TWO  THOUSAND  SEVENTEEN  SCHOOL  YEAR  FOR  A SCHOOL DISTRICT SHALL BE
COMPUTED BASED ON DATA ON FILE WITH THE COMMISSIONER AND IN THE DATABASE
USED BY THE COMMISSIONER TO PRODUCE AN UPDATED ELECTRONIC DATA  FILE  IN
SUPPORT  OF  THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND
SIXTEEN--TWO THOUSAND SEVENTEEN STATE FISCAL YEAR AND  SHALL  EQUAL  THE
SUM  OF  THE  SCALED  EXTRAORDINARY  NEEDS  RESTORATION PLUS THE MINIMUM
RESTORATION, PROVIDED THAT SUCH GAP ELIMINATION  ADJUSTMENT  RESTORATION
AMOUNT  SHALL  NOT  EXCEED  THE  GAP ELIMINATION ADJUSTMENT FOR THE BASE
YEAR.
  (I) THE "SCALED EXTRAORDINARY NEEDS RESTORATION" SHALL EQUAL THE PROD-
UCT OF THE GRANT  PER  PUPIL  MULTIPLIED  BY  THE  STATE  SHARING  RATIO
COMPUTED  PURSUANT  TO  PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION
MULTIPLIED BY  THE  BASE  YEAR  PUBLIC  SCHOOL  DISTRICT  ENROLLMENT  AS
COMPUTED  PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE
OF THIS SECTION, WHERE (A)  THE  GRANT  PER  PUPIL  SHALL  BE  SIXTY-SIX
DOLLARS  ($66.00)  MULTIPLIED BY THE EXTRAORDINARY NEEDS INDEX TRUNCATED
TO TWO DECIMALS, AND (B) THE EXTRAORDINARY NEEDS INDEX SHALL  EQUAL  THE
QUOTIENT TRUNCATED TO THREE DECIMALS ARRIVED AT BY DIVIDING THE EXTRAOR-
DINARY NEEDS PERCENT COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE
OF  THIS SECTION BY THE STATEWIDE AVERAGE EXTRAORDINARY NEEDS PERCENT OF
FIFTY-FOUR AND EIGHT-TENTHS PERCENT (0.548).
  (II) THE MINIMUM RESTORATION SHALL EQUAL THE PRODUCT OF THIRTY PERCENT
(0.3) MULTIPLIED BY THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR.
  I. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR  THE  TWO
THOUSAND  SEVENTEEN--TWO  THOUSAND  EIGHTEEN SCHOOL YEAR AND THEREAFTER,
THE GAP ELIMINATION ADJUSTMENT SHALL BE ZERO.
  S 7. Subdivision 4 of section 3602 of the education law, as amended by
section 5-a of part A of chapter 56 of the laws of 2015, is  amended  to
read as follows:
  4. Total foundation aid. In addition to any other apportionment pursu-
ant  to this chapter, a school district, other than a special act school
district as defined in subdivision eight of section four thousand one of
this chapter, shall be eligible for total foundation aid  equal  to  the
product  of  total  aidable  foundation  pupil  units  multiplied by the
district's selected foundation aid, which shall be the greater  of  five
hundred dollars ($500) or foundation formula aid, provided, however that
for  the  two  thousand  seven--two  thousand eight through two thousand
eight--two thousand nine school years, no school district shall  receive
total  foundation  aid  in excess of the sum of the total foundation aid
base for aid payable in  the  two  thousand  seven--two  thousand  eight
school  year  computed  pursuant  to  subparagraph (i) of paragraph j of
subdivision one of this section, plus the phase-in  foundation  increase
computed  pursuant  to  paragraph  b  of  this subdivision, and provided
further that for the two thousand twelve--two thousand  thirteen  school
year, no school district shall receive total foundation aid in excess of
the  sum  of  the  total  foundation aid base for aid payable in the two
thousand eleven--two thousand twelve school year  computed  pursuant  to
SUBPARAGRAPH  (II)  OF  paragraph  j of subdivision one of this section,
plus the phase-in foundation increase computed pursuant to  paragraph  b
of  this  subdivision,  and  provided  further that for the two thousand
thirteen--two thousand fourteen school year and  thereafter,  no  school
district  shall receive total foundation aid in excess of the sum of the
total foundation aid base computed  pursuant  to  SUBPARAGRAPH  (II)  OF

S. 6406--A                          8                         A. 9006--A

paragraph  j of subdivision one of this section, plus the phase-in foun-
dation increase computed pursuant to paragraph b  of  this  subdivision,
AND  PROVIDED  FURTHER  THAT  FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN  SCHOOL YEAR, FOR A SCHOOL DISTRICT WHERE THE PHASE-IN FOUNDA-
TION INCREASE AND THE DUE MINIMUM ARE LESS THAN THE ALTERNATIVE  MINIMUM
COMPUTED  PURSUANT TO PARAGRAPH B-2 OF THIS SECTION, SUCH DISTRICT SHALL
RECEIVE TOTAL FOUNDATION  AID,  IN  LIEU  OF  SUCH  PHASE-IN  FOUNDATION
INCREASE  OR  DUE  MINIMUM,  EQUAL TO THE SUM OF THE FOUNDATION AID BASE
COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH J OF SUBDIVISION ONE
OF THIS SECTION, PLUS THE ALTERNATIVE MINIMUM COMPUTED PURSUANT TO PARA-
GRAPH B-2 OF THIS SECTION, and provided further  that  total  foundation
aid  shall not be less than the product of the total foundation aid base
computed pursuant to paragraph j of subdivision one of this section  and
the due-minimum percent which shall be, for the two thousand twelve--two
thousand  thirteen  school  year,  one  hundred  and  six-tenths percent
(1.006) and for the two thousand thirteen--two thousand fourteen  school
year  for  city  school  districts of those cities having populations in
excess of one hundred twenty-five thousand and  less  than  one  million
inhabitants  one  hundred  and one and one hundred and seventy-six thou-
sandths percent (1.01176), and for all other districts one  hundred  and
three-tenths  percent  (1.003),  and  for the two thousand fourteen--two
thousand fifteen school year  one  hundred  and  eighty-five  hundredths
percent (1.0085), and for the two thousand fifteen--two thousand sixteen
school  year,  one hundred thirty-seven hundredths percent (1.0037), AND
FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN  SCHOOL  YEAR,  ONE
PLUS  THE  LESSER  OF  TWO PERCENT (0.02) OR THE PRODUCT OF TWENTY-THREE
HUNDREDTHS PERCENT (0.023) MULTIPLIED BY A CWR RATIO  AND  TRUNCATED  TO
FOUR  DECIMALS, WHERE SUCH CWR RATIO SHALL BE THE DIFFERENCE OBTAINED BY
SUBTRACTING FROM ONE AND THIRTY-SEVEN HUNDREDTHS (1.37) THE  PRODUCT  OF
ONE  AND  FIFTY-FIVE HUNDREDTHS (1.55) MULTIPLIED BY THE COMBINED WEALTH
RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO  OF
PARAGRAPH  C  OF  SUBDIVISION  THREE  OF THIS SECTION TRUNCATED TO THREE
DECIMALS, PROVIDED HOWEVER THAT SUCH CWR RATIO SHALL NOT BE GREATER THAN
ONE NOR LESS THAN ZERO, subject to allocation pursuant to the provisions
of subdivision eighteen of this section and any provisions of a  chapter
of  the laws of New York as described therein, nor more than the product
of such total foundation aid base and one hundred fifteen  percent,  and
provided  further  that  for  the  two  thousand  nine--two thousand ten
through two thousand eleven--two  thousand  twelve  school  years,  each
school district shall receive total foundation aid in an amount equal to
the  amount  apportioned  to  such  school district for the two thousand
eight--two thousand nine school year pursuant to this subdivision. Total
aidable foundation pupil units shall be calculated pursuant to paragraph
g of subdivision two of this section. For the  purposes  of  calculating
aid  pursuant  to  this subdivision, aid for the city school district of
the city of New York shall be calculated on a citywide basis.
  a. Foundation formula aid. Foundation  formula  aid  shall  equal  the
remainder  when  the  expected  minimum local contribution is subtracted
from the product of the foundation amount, the regional cost index,  and
the  pupil  need  index,  or: (foundation amount x regional cost index x
pupil need index)- expected minimum local contribution.
  (1) The foundation amount shall reflect the average per pupil cost  of
general  education instruction in successful school districts, as deter-
mined by a statistical analysis of the costs of  special  education  and
general  education  in  successful  school  districts, provided that the
foundation amount shall be adjusted annually to reflect  the  percentage

S. 6406--A                          9                         A. 9006--A

increase in the consumer price index as computed pursuant to PARAGRAPH E
OF SUBDIVISION FOUR OF section two thousand [twenty-two] TWENTY-THREE of
this  chapter,  provided  that  for the two thousand eight--two thousand
nine  school  year,  for  the purpose of such adjustment, the percentage
increase in the consumer price index shall be deemed to be two and nine-
tenths percent (0.029), and provided further that the foundation  amount
for the two thousand seven--two thousand eight school year shall be five
thousand  two hundred fifty-eight dollars, and provided further that for
the  two  thousand  seven--two  thousand  eight  through  two   thousand
[fifteen]  SIXTEEN--two  thousand  [sixteen] SEVENTEEN school years, the
foundation amount shall be further adjusted by the  phase-in  foundation
percent established pursuant to paragraph b of this subdivision.
  (2)  The regional cost index shall reflect an analysis of labor market
costs based on median salaries in professional occupations that  require
similar  credentials  to  those of positions in the education field, but
not including those occupations in the education  field,  provided  that
the regional cost indices for the two thousand seven--two thousand eight
school year and thereafter shall be as follows:
          Labor Force Region  Index
          Capital District    1.124
          Southern Tier       1.045
          Western New York    1.091
          Hudson Valley       1.314
          Long Island/NYC     1.425
          Finger Lakes        1.141
          Central New York    1.103
          Mohawk Valley       1.000
          North Country       1.000
  (3)  The pupil need index shall equal the sum of one plus the extraor-
dinary needs percent, provided, however, that the pupil need index shall
not be less than one nor more than two. The extraordinary needs  percent
shall  be  calculated pursuant to paragraph w of subdivision one of this
section.
  (4) The expected minimum local contribution shall equal the lesser  of
(i)  the product of (A) the quotient arrived at when the selected actual
valuation is divided by total wealth foundation pupil units,  multiplied
by  (B)  the  product  of the local tax factor, multiplied by the income
wealth index, or (ii) the product of (A) the product of  the  foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B)  the  positive  difference,  if  any, of one minus the state sharing
ratio for total foundation aid. The local tax  factor  shall  be  estab-
lished by May first of each year by determining the product, computed to
four  decimal  places  without rounding, of ninety percent multiplied by
the quotient of the sum of the statewide average tax rate as computed by
the commissioner for the current year in accordance with the  provisions
of  paragraph  e of subdivision one of section thirty-six hundred nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner for the base year in accordance with  such  provisions  plus  the
statewide  average  tax  rate  computed by the commissioner for the year
prior to the base year in accordance with such  provisions,  divided  by
three,  provided  however  that for the two thousand seven--two thousand
eight school year, such local tax factor shall  be  sixteen  thousandths
(0.016), and provided further that for the two thousand eight--two thou-
sand  nine  school  year,  such  local  tax  factor shall be one hundred
fifty-four ten thousandths (0.0154). The income wealth  index  shall  be
calculated pursuant to paragraph d of subdivision three of this section,

S. 6406--A                         10                         A. 9006--A

provided, however, that for the purposes of computing the expected mini-
mum  local  contribution  the income wealth index shall not be less than
sixty-five percent (0.65) and shall not be more than two hundred percent
(2.0)  and  provided  however that such income wealth index shall not be
more than ninety-five percent (0.95) for  the  two  thousand  eight--two
thousand  nine school year, and provided further that such income wealth
index shall not be less than zero for  the  two  thousand  thirteen--two
thousand  fourteen  school  year. The selected actual valuation shall be
calculated pursuant to paragraph c of subdivision one of  this  section.
Total  wealth  foundation  pupil  units  shall be calculated pursuant to
paragraph h of subdivision two of this section.
  b. Phase-in foundation increase. (1) The phase-in foundation  increase
shall  equal  the  product  of  the  phase-in foundation increase factor
multiplied by the positive difference, if any, of (i) the product of the
total aidable  foundation  pupil  units  multiplied  by  the  district's
selected foundation aid less (ii) the total foundation aid base computed
pursuant to paragraph j of subdivision one of this section.
  (2)  (i)  Phase-in foundation percent. The phase-in foundation percent
shall equal one hundred thirteen and  fourteen  one  hundredths  percent
(1.1314)  for  the two thousand eleven--two thousand twelve school year,
one hundred ten and thirty-eight hundredths percent (1.1038) for the two
thousand twelve--two thousand thirteen school year,  one  hundred  seven
and  sixty-eight  hundredths percent (1.0768) for the two thousand thir-
teen--two thousand fourteen  school  year,  one  hundred  five  and  six
hundredths  percent (1.0506) for the two thousand fourteen--two thousand
fifteen school year,  and  one  hundred  two  and  five  tenths  percent
(1.0250) for the two thousand fifteen--two thousand sixteen school year.
  (ii)  Phase-in  foundation  increase  factor.  For  the  two  thousand
eleven--two  thousand  twelve  school  year,  the  phase-in   foundation
increase  factor  shall  equal thirty-seven and one-half percent (0.375)
and the phase-in due minimum percent shall equal nineteen and  forty-one
hundredths  percent  (0.1941), for the two thousand twelve--two thousand
thirteen school year the phase-in foundation increase factor shall equal
one and seven-tenths percent (0.017), for the two thousand thirteen--two
thousand fourteen school year the phase-in  foundation  increase  factor
shall equal (1) for a city school district in a city having a population
of  one  million  or  more,  five  and  twenty-three  hundredths percent
(0.0523) or (2) for all other school districts zero percent, for the two
thousand fourteen--two thousand fifteen school year the phase-in founda-
tion increase factor shall equal (1) for a city  school  district  of  a
city  having  a  population  of one million or more, four and thirty-two
hundredths percent (0.0432) or (2) for a school district  other  than  a
city  school  district  having  a  population of one million or more for
which (A) the quotient of the  positive  difference  of  the  foundation
formula aid minus the foundation aid base computed pursuant to paragraph
j  of  subdivision one of this section divided by the foundation formula
aid is greater than twenty-two percent (0.22) and (B) a combined  wealth
ratio  less  than thirty-five hundredths (0.35), seven percent (0.07) or
(3) for all other  school  districts,  four  and  thirty-one  hundredths
percent (0.0431), and for the two thousand fifteen--two thousand sixteen
school year the phase-in foundation increase factor shall equal: (1) for
a  city  school district of a city having a population of one million or
more,  thirteen  and  two  hundred  seventy-four   thousandths   percent
(0.13274);  or  (2)  for  districts  where  the quotient arrived at when
dividing (A) the product of the total  aidable  foundation  pupil  units
multiplied  by  the  district's  selected  foundation aid less the total

S. 6406--A                         11                         A. 9006--A

foundation aid base computed pursuant to paragraph j of subdivision  one
of  this section divided by (B) the product of the total aidable founda-
tion pupil units multiplied by the district's selected foundation aid is
greater  than nineteen percent (0.19), and where the district's combined
wealth ratio is less than  thirty-three  hundredths  (0.33),  seven  and
seventy-five  hundredths percent (0.0775); or (3) for any other district
designated as high need pursuant to clause (c) of  subparagraph  two  of
paragraph  c  of  subdivision  six  of  this  section for the school aid
computer listing produced by the commissioner in support of the  enacted
budget  for  the  two thousand seven--two thousand eight school year and
entitled "SA0708", four  percent  (0.04);  or  (4)  for  a  city  school
district  in a city having a population of one hundred twenty-five thou-
sand or more but less than one million, fourteen percent (0.14); or  (5)
for school districts that were designated as small city school districts
or  central  school  districts  whose  boundaries include a portion of a
small city for the school aid computer listing produced by  the  commis-
sioner  in support of the enacted budget for the two thousand fourteen--
two thousand fifteen school year and entitled "SA1415", four  and  seven
hundred  fifty-  one thousandths percent (0.04751); or (6) for all other
districts one percent (0.01), and  for  THE  TWO  THOUSAND  SIXTEEN--TWO
THOUSAND  SEVENTEEN  SCHOOL YEAR THE PHASE-IN FOUNDATION INCREASE FACTOR
SHALL EQUAL THE GREATER OF: (1) FOR A CITY SCHOOL  DISTRICT  OF  A  CITY
HAVING  A  POPULATION  OF  ONE  MILLION  OR  MORE,  NINE  AND THIRTY-TWO
HUNDREDTHS PERCENT (0.0932); OR (2) FOR A CITY SCHOOL DISTRICT OF A CITY
HAVING A POPULATION OF MORE THAN ONE HUNDRED  TWENTY-FIVE  THOUSAND  BUT
LESS  THAN ONE MILLION, THREE AND ONE-HALF PERCENT (0.035); OR (3) FOR A
DISTRICT WITH A SPARSITY COUNT  COMPUTED  PURSUANT  TO  PARAGRAPH  R  OF
SUBDIVISION ONE OF THIS SECTION GREATER THAN ZERO, THE LESSER OF (I) THE
PRODUCT OF NINE AND THIRTY-TWO HUNDREDTHS PERCENT (0.0932) MULTIPLIED BY
THE  PHASE-IN  CWR SPARSITY RATIO TRUNCATED TO FOUR DECIMALS, WHERE SUCH
PHASE-IN  CWR  SPARSITY  RATIO  SHALL  BE  THE  DIFFERENCE  OBTAINED  BY
SUBTRACTING  FROM  ONE AND THIRTY-SEVEN HUNDREDTHS (1.37) THE PRODUCT OF
ONE AND THIRTY-FIVE HUNDREDTHS (1.35) MULTIPLIED BY THE COMBINED  WEALTH
RATIO  FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF
PARAGRAPH C OF SUBDIVISION THREE OF  THIS  SECTION  TRUNCATED  TO  THREE
DECIMALS,  PROVIDED  HOWEVER THAT SUCH PHASE-IN CWR SPARSITY RATIO SHALL
NOT BE GREATER THAN ONE NOR LESS THAN ZERO OR (II) SIX  PERCENT  (0.06);
OR  (4)  THE  LESSER  OF  (I)  THE PRODUCT OF THREE AND ONE-HALF PERCENT
(0.035) MULTIPLIED BY THE PHASE-IN CWR RATIO TRUNCATED TO FOUR DECIMALS,
WHERE SUCH PHASE-IN CWR  RATIO  SHALL  BE  THE  DIFFERENCE  OBTAINED  BY
SUBTRACTING  FROM  ONE AND THIRTY-SEVEN HUNDREDTHS (1.37) THE PRODUCT OF
ONE AND THREE-TENTHS (1.30) MULTIPLIED BY THE COMBINED WEALTH RATIO  FOR
TOTAL  FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH
C OF SUBDIVISION THREE OF THIS  SECTION  TRUNCATED  TO  THREE  DECIMALS,
PROVIDED  HOWEVER THAT SUCH PHASE-IN CWR RATIO SHALL NOT BE GREATER THAN
ONE NOR LESS THAN ZERO OR (II) THREE PERCENT (0.03);  AND  FOR  the  two
thousand [sixteen--two thousand seventeen] SEVENTEEN--TWO THOUSAND EIGH-
TEEN  school  year and thereafter the commissioner shall annually deter-
mine the phase-in  foundation  increase  factor  subject  to  allocation
pursuant  to  the provisions of subdivision eighteen of this section and
any provisions of a chapter of the laws of New York as described  there-
in.
  b-1.  Notwithstanding  any other provision of law to the contrary, for
the two thousand seven--two thousand eight school year  and  thereafter,
the  additional  amount payable to each school district pursuant to this
subdivision in the current year as total foundation aid, after deducting

S. 6406--A                         12                         A. 9006--A

the total foundation aid base, shall be deemed  a  state  grant  in  aid
identified  by  the commissioner for general use for purposes of section
seventeen hundred eighteen of this chapter.
  B-2.  ALTERNATIVE  MINIMUM. THE ALTERNATIVE MINIMUM SHALL BE THE POSI-
TIVE  DIFFERENCE,  IF  ANY,  OBTAINED  BY  SUBTRACTING  THE  ALTERNATIVE
INCREASE  FROM  THE  PRODUCT  OF  THE ALTERNATIVE BASE MULTIPLIED BY TWO
PERCENT (0.02). FOR PURPOSES OF  THIS  SUBDIVISION,  "ALTERNATIVE  BASE"
SHALL  MEAN  A SCHOOL DISTRICT'S APPORTIONMENT OF FOUNDATION AID FOR THE
TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AS SET FORTH  FOR
EACH  SCHOOL  DISTRICT  AS  "2015-16  FOUNDATION  AID" IN THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF  THE  EXECU-
TIVE BUDGET REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN
SCHOOL  YEAR AND ENTITLED "BT161-7" MINUS THE GAP ELIMINATION ADJUSTMENT
FOR THE TWO THOUSAND FIFTEEN--TWO  THOUSAND  SIXTEEN  SCHOOL  YEAR.  FOR
PURPOSES  OF THIS SUBDIVISION, "ALTERNATIVE INCREASE" SHALL MEAN THE SUM
OF (1) THE GAP ELIMINATION ADJUSTMENT RESTORATION COMPUTED FOR  THE  TWO
THOUSAND  SIXTEEN--TWO  THOUSAND SEVENTEEN SCHOOL YEAR PURSUANT TO PARA-
GRAPH H OF SUBDIVISION SEVENTEEN OF THIS SECTION AS SET FORTH  FOR  EACH
SCHOOL  DISTRICT AS "2016-17 GEA RESTORATION" IN THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE  BUDGET
REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR
AND  ENTITLED "BT161-7", PLUS (2) COMMUNITY SCHOOLS AID COMPUTED FOR THE
TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN  SCHOOL  YEAR  PURSUANT  TO
SUBDIVISION  NINETEEN  OF  THIS  SECTION  AS  SET  FORTH FOR EACH SCHOOL
DISTRICT AS "2016-17 COMMUNITY SCHOOLS AID" IN THE SCHOOL  AID  COMPUTER
LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR
AND ENTITLED "BT161-7".
  B-3. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SUBDIVISION  TO  THE
CONTRARY,  FOR  THE  TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL
YEAR, NO SCHOOL DISTRICT SHALL BE ELIGIBLE FOR AN APPORTIONMENT OF FOUN-
DATION AID IN EXCESS OF THE AMOUNT APPORTIONED TO SUCH  SCHOOL  DISTRICT
IN TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR UNLESS (I) THE
DISTRICT  WAS  DESIGNATED AS HIGH OR AVERAGE NEED PURSUANT TO CLAUSE (C)
OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX  OF  THIS  SECTION
FOR  THE  SCHOOL  AID  COMPUTER  LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND  SEVEN--TWO  THOUSAND
EIGHT  SCHOOL  YEAR  AND ENTITLED "SA0708," (II) THE DISTRICT WAS DESIG-
NATED AS HIGH OR AVERAGE NEED PURSUANT TO THE REGULATIONS OF THE COMMIS-
SIONER IN THE MOST RECENTLY AVAILABLE STUDY INCLUDED IN THE  SCHOOL  AID
COMPUTER  LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED
BUDGET FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL
YEAR AND ENTITLED "SA131-4" OR (III) THE DISTRICT'S ALTERNATIVE INCREASE
COMPUTED PURSUANT TO PARAGRAPH B-2 OF THIS SUBDIVISION IS LESS THAN  THE
PRODUCT  OF  THE  ALTERNATIVE BASE COMPUTED PURSUANT TO PARAGRAPH B-2 OF
THIS SUBDIVISION MULTIPLIED BY THREE PERCENT (0.03).
  c. Public excess cost aid setaside. Each  school  district  shall  set
aside from its total foundation aid computed for the current year pursu-
ant  to  this  subdivision  an  amount  equal to the product of: (i) the
difference between the  amount  the  school  district  was  eligible  to
receive in the two thousand six--two thousand seven school year pursuant
to  or  in lieu of paragraph six of subdivision nineteen of this section
as such paragraph existed on June thirtieth, two thousand  seven,  minus
the  amount such district was eligible to receive pursuant to or in lieu
of paragraph five of subdivision nineteen of this section as such  para-
graph  existed  on  June  thirtieth,  two thousand seven, in such school

S. 6406--A                         13                         A. 9006--A

year, and (ii) the sum of one and the percentage increase in the consum-
er price index for the current year over such consumer price  index  for
the two thousand six--two thousand seven school year, as computed pursu-
ant  to PARAGRAPH E OF SUBDIVISION FOUR OF section two thousand [twenty-
two] TWENTY-THREE of this chapter. Notwithstanding any  other  provision
of  law  to  the  contrary, the public excess cost aid setaside shall be
paid pursuant to section thirty-six hundred nine-b of this part.
  d. For the two thousand fourteen--two thousand fifteen [and two  thou-
sand  fifteen--two  thousand  sixteen] THROUGH TWO THOUSAND SIXTEEN--TWO
THOUSAND SEVENTEEN school years a city school district of a city  having
a population of one million or more may use amounts apportioned pursuant
to this subdivision for afterschool programs.
  S  8.  Section  3602  of  the education law is amended by adding a new
subdivision 19 to read as follows:
  19. COMMUNITY SCHOOLS AID. EACH SCHOOL DISTRICT SHALL BE  ELIGIBLE  TO
RECEIVE  AN  APPORTIONMENT FOR COMMUNITY SCHOOLS AID EQUAL TO THE SUM OF
THE TIER ONE APPORTIONMENT AND THE TIER TWO APPORTIONMENT.
  A. DEFINITIONS.
  (1) "TIER ONE ELIGIBLE SCHOOL DISTRICT" SHALL MEAN ANY SCHOOL DISTRICT
WITH AT LEAST ONE SCHOOL DESIGNATED AS FAILING OR  PERSISTENTLY  FAILING
BY THE COMMISSIONER PURSUANT TO PARAGRAPHS (A) OR (B) OF SUBDIVISION ONE
OF  SECTION  211-F  OF THIS CHAPTER PRIOR TO JANUARY FIRST, TWO THOUSAND
SIXTEEN.
  (2)  "TIER  TWO  ELIGIBLE  SCHOOL  DISTRICT"  SHALL  MEAN  ANY  SCHOOL
DISTRICT, EXCEPT A TIER ONE ELIGIBLE SCHOOL DISTRICT, DESIGNATED AS HIGH
NEED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDI-
VISION  SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED
BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE  TWO  THOU-
SAND  SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708" OR ANY
DISTRICT DESIGNATED AS HIGH NEED PURSUANT  TO  THE  REGULATIONS  OF  THE
COMMISSIONER IN THE MOST RECENTLY AVAILABLE STUDY INCLUDED IN THE SCHOOL
AID  COMPUTER  LISTING  PRODUCED  BY  THE COMMISSIONER IN SUPPORT OF THE
ENACTED BUDGET FOR THE  TWO  THOUSAND  THIRTEEN--TWO  THOUSAND  FOURTEEN
STATE FISCAL YEAR AND ENTITLED "SA131-4".
  B. TIER ONE APPORTIONMENT. ANY TIER ONE ELIGIBLE SCHOOL DISTRICT SHALL
BE ELIGIBLE FOR AN APPORTIONMENT EQUAL TO THE GREATER OF (I) THE PRODUCT
OF  EIGHT HUNDRED THIRTY DOLLARS AND SIXTY CENTS ($830.60) MULTIPLIED BY
THE DISTRICT'S ENROLLMENT IN THE  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND
FIFTEEN  SCHOOL  YEAR  IN  SCHOOLS DESIGNATED AS FAILING OR PERSISTENTLY
FAILING PURSUANT TO PARAGRAPHS (A) OR (B) OF SUBDIVISION ONE OF  SECTION
211-F OF THIS CHAPTER ON THE DATE PRIOR TO NOVEMBER FIRST THAT IS SPECI-
FIED BY THE COMMISSIONER AS THE ENROLLMENT REPORTING DATE FOR THE SCHOOL
DISTRICT OR (II) TEN THOUSAND DOLLARS ($10,000).
  C. TIER TWO APPORTIONMENT. ANY TIER TWO ELIGIBLE SCHOOL DISTRICT SHALL
BE ELIGIBLE FOR AN APPORTIONMENT EQUAL TO THE GREATER OF (I) THE PRODUCT
OF  THE  GRANT  PER PUPIL MULTIPLIED BY THE STATE SHARING RATIO COMPUTED
PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION  MULTIPLIED
BY  THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT
TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF  THIS  SECTION,
WHERE  (A)  THE  GRANT  PER  PUPIL  SHALL  BE  EIGHTY-NINE  DOLLARS  AND
THIRTY-TWO CENTS ($89.32) MULTIPLIED BY THE  EXTRAORDINARY  NEEDS  INDEX
TRUNCATED  TO  TWO DECIMALS, AND (B) THE EXTRAORDINARY NEEDS INDEX SHALL
EQUAL THE QUOTIENT TRUNCATED TO THREE DECIMALS ARRIVED  AT  BY  DIVIDING
THE  EXTRAORDINARY  NEEDS  PERCENT  COMPUTED  PURSUANT TO PARAGRAPH W OF
SUBDIVISION ONE OF THIS SECTION BY THE STATEWIDE  AVERAGE  EXTRAORDINARY

S. 6406--A                         14                         A. 9006--A

NEEDS PERCENT OF FIFTY-FOUR AND EIGHT-TENTHS PERCENT (0.548) OR (II) TEN
THOUSAND DOLLARS ($10,000).
  D.  SCHOOL  DISTRICTS  SHALL  USE AMOUNTS APPORTIONED PURSUANT TO THIS
SUBDIVISION TO SUPPORT  THE  TRANSFORMATION  OF  SCHOOL  BUILDINGS  INTO
COMMUNITY  HUBS TO DELIVER CO-LOCATED OR SCHOOL-LINKED ACADEMIC, HEALTH,
MENTAL HEALTH, NUTRITION, COUNSELING, LEGAL  AND/OR  OTHER  SERVICES  TO
STUDENTS  AND  THEIR  FAMILIES, INCLUDING BUT NOT LIMITED TO PROVIDING A
COMMUNITY SCHOOL SITE COORDINATOR, OR TO SUPPORT OTHER COSTS INCURRED TO
MAXIMIZE STUDENTS' ACADEMIC ACHIEVEMENT.
  S 9. Paragraph a of subdivision 5 of section  3604  of  the  education
law,  as  amended by chapter 161 of the laws of 2005, is amended to read
as follows:
  a. State aid adjustments. All errors or omissions in the apportionment
shall be corrected by the commissioner. Whenever a school  district  has
been  apportioned  less  money  than  that  to which it is entitled, the
commissioner may allot to such district the balance to which it is enti-
tled. Whenever a school district has been apportioned  more  money  than
that  to which it is entitled, the commissioner may, by an order, direct
such moneys to be paid back to the state to be credited to  the  general
fund  local  assistance  account  for  state  aid to the schools, or may
deduct such amount from the  next  apportionment  to  be  made  to  said
district,  provided, however, that, upon notification of excess payments
of aid for which a recovery must be made by the state through  deduction
of  future  aid payments, a school district may request that such excess
payments be  recovered  by  deducting  such  excess  payments  from  the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two  succeeding  school  years,  provided further that there shall be no
interest penalty assessed against such  district  or  collected  by  the
state.  Such  request  shall be made to the commissioner in such form as
the commissioner shall prescribe, and shall be  based  on  documentation
that the total amount to be recovered is in excess of one percent of the
district's  total  general  fund  expenditures  for the preceding school
year. The amount to be deducted in the first year shall be  the  greater
of  (i) the sum of the amount of such excess payments that is recognized
as a liability due to other governments by the district for the  preced-
ing  school year and the positive remainder of the district's unreserved
fund balance at the close of the preceding school year less the  product
of  the  district's  total  general  fund expenditures for the preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments. The amount to be recovered in the second year shall equal  the
lesser  of  the remaining amount of such excess payments to be recovered
or one-third of such excess payments, and the remaining amount  of  such
excess  payments  shall be recovered in the third year. Provided further
that, notwithstanding any other  provisions  of  this  subdivision,  any
pending  payment  of moneys due to such district as a prior year adjust-
ment payable pursuant to paragraph c of this subdivision for aid  claims
that  had been previously paid as current year aid payments in excess of
the amount to which the district is entitled and for which  recovery  of
excess  payments  is  to  be  made  pursuant to this paragraph, shall be
reduced at the time of  actual  payment  by  any  remaining  unrecovered
balance  of such excess payments, and the remaining scheduled deductions
of such excess payments pursuant to this paragraph shall be  reduced  by
the  commissioner  to reflect the amount so recovered. [The commissioner
shall certify no payment to a school district based on a claim submitted
later than three years after the close of the school year in which  such

S. 6406--A                         15                         A. 9006--A

payment  was first to be made.  For claims for which payment is first to
be made in the nineteen hundred  ninety-six--ninety-seven  school  year,
the  commissioner shall certify no payment to a school district based on
a  claim  submitted  later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
hundred  ninety-seven--ninety-eight]   PRIOR   TO   THE   TWO   THOUSAND
FIFTEEN--TWO  THOUSAND SIXTEEN school year [and thereafter], the commis-
sioner shall certify no payment to a school district based  on  a  claim
submitted  later than one year after the close of such school year.  FOR
CLAIMS FOR WHICH PAYMENT IS  FIRST  TO  BE  MADE  IN  THE  TWO  THOUSAND
FIFTEEN--TWO  THOUSAND  SIXTEEN  SCHOOL YEAR AND THEREAFTER, THE COMMIS-
SIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED  ON  A  CLAIM
SUBMITTED  LATER  THAN  THE  FIRST  OF  NOVEMBER  OF  SUCH  SCHOOL YEAR.
Provided, however, no payments shall be barred  or  reduced  where  such
payment  is  required  as a result of a final audit of the state. [It is
further provided that, until June thirtieth,  nineteen  hundred  ninety-
six,  the  commissioner  may  grant a waiver from the provisions of this
section for any school district if it is in the best educational  inter-
ests of the district pursuant to guidelines developed by the commission-
er  and  approved  by the director of the budget.] FURTHER PROVIDED THAT
FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED  ONE,
SEVEN   HUNDRED   ELEVEN,   SEVEN   HUNDRED   FIFTY-ONE,  SEVEN  HUNDRED
FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO,  THIRTY-SIX
HUNDRED  TWO-B,  THIRTY-SIX  HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND
FORTY-FOUR  HUNDRED  FIVE  OF  THIS  CHAPTER  FOR   THE   TWO   THOUSAND
FIFTEEN--TWO  THOUSAND  SIXTEEN  AND  TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT  TO  A
SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A,
ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO  OF  THIS
PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE  TWO
THOUSAND  SIXTEEN--TWO THOUSAND SEVENTEEN STATE FISCAL YEAR AND ENTITLED
"BT161-7", AND FURTHER PROVIDED THAT  FOR  ANY  APPORTIONMENTS  PROVIDED
PURSUANT  TO  SECTIONS  SEVEN  HUNDRED  ONE, SEVEN HUNDRED ELEVEN, SEVEN
HUNDRED FIFTY-ONE, SEVEN HUNDRED  FIFTY-THREE  NINETEEN  HUNDRED  FIFTY,
THIRTY-SIX  HUNDRED  TWO,  THIRTY-SIX  HUNDRED TWO-B, THIRTY-SIX HUNDRED
TWO-C, THIRTY-SIX HUNDRED TWO-E AND  FORTY-FOUR  HUNDRED  FIVE  OF  THIS
CHAPTER  FOR  THE  TWO  THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL
YEAR AND THEREAFTER, THE COMMISSIONER SHALL  CERTIFY  NO  PAYMENT  TO  A
SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A,
ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO  OF  THIS
PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
SIONER IN SUPPORT OF THE EXECUTIVE  BUDGET  REQUEST  SUBMITTED  FOR  THE
STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
  S 10. The opening paragraph of section 3609-a of the education law, as
amended  by  section  6  of part A of chapter 56 of the laws of 2015, is
amended to read as follows:
  For aid payable in the two thousand seven--two thousand  eight  school
year through the two thousand fifteen--two thousand sixteen school year,
"moneys apportioned" shall mean the lesser of (i) the sum of one hundred
percent  of  the respective amount set forth for each school district as
payable pursuant to this section in the school aid computer listing  for
the  current  year produced by the commissioner in support of the budget
which includes the appropriation for  the  general  support  for  public

S. 6406--A                         16                         A. 9006--A

schools  for  the  prescribed  payments  and individualized payments due
prior to April first for the current year plus the apportionment payable
during the current school year pursuant to subdivision six-a and  subdi-
vision  fifteen of section thirty-six hundred two of this part minus any
reductions to current year aids pursuant to subdivision seven of section
thirty-six hundred four of this part or any deduction from apportionment
payable pursuant to this chapter for collection  of  a  school  district
basic contribution as defined in subdivision eight of section forty-four
hundred  one  of  this  chapter,  less  any  grants provided pursuant to
subparagraph two-a of paragraph b of subdivision four of  section  nine-
ty-two-c  of the state finance law, less any grants provided pursuant to
subdivision six of section ninety-seven-nnnn of the state  finance  law,
less any grants provided pursuant to subdivision twelve of section thir-
ty-six  hundred  forty-one  of  this  article, or (ii) the apportionment
calculated by the commissioner based on data on file  at  the  time  the
payment  is  processed;  provided  however, that for the purposes of any
payments made pursuant to this section prior to the first  business  day
of  June  of  the current year, moneys apportioned shall not include any
aids payable pursuant to subdivisions six and fourteen,  if  applicable,
of  section  thirty-six hundred two of this part as current year aid for
debt service on bond anticipation notes and/or bonds first issued in the
current year or any aids  payable  for  full-day  kindergarten  for  the
current  year pursuant to subdivision nine of section thirty-six hundred
two of this part. The definitions of "base year" and "current  year"  as
set  forth  in subdivision one of section thirty-six hundred two of this
part shall apply to this section. [For aid payable in the  two  thousand
fourteen--two  thousand  fifteen  school year, reference to such "school
aid computer listing for the current  year"  shall  mean  the  printouts
entitled  "SA141-5".  For  aid  payable in the two thousand fifteen--two
thousand sixteen school year, reference to  such  "school  aid  computer
listing  for  the  current  year"  shall  mean  the  printouts  entitled
"SA151-6".] FOR AID PAYABLE IN THE TWO  THOUSAND  SIXTEEN--TWO  THOUSAND
SEVENTEEN  SCHOOL  YEAR  AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN
THE LESSER OF: (I) THE SUM OF ONE  HUNDRED  PERCENT  OF  THE  RESPECTIVE
AMOUNT  SET  FORTH  FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS
SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED
BY THE COMMISSIONER IN SUPPORT OF THE  EXECUTIVE  BUDGET  REQUEST  WHICH
INCLUDES  THE  APPROPRIATION  FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS
FOR THE PRESCRIBED PAYMENTS AND INDIVIDUALIZED  PAYMENTS  DUE  PRIOR  TO
APRIL  FIRST  FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING
THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A  AND  FIFTEEN  OF
SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THIS PART MINUS ANY REDUCTIONS TO
CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN  OF  SECTION  THIRTY-SIX
HUNDRED  FOUR  OF  THIS PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE
PURSUANT TO THIS CHAPTER FOR  COLLECTION  OF  A  SCHOOL  DISTRICT  BASIC
CONTRIBUTION  AS  DEFINED  IN  SUBDIVISION  EIGHT  OF SECTION FORTY-FOUR
HUNDRED ONE OF THIS  CHAPTER,  LESS  ANY  GRANTS  PROVIDED  PURSUANT  TO
SUBPARAGRAPH  TWO-A  OF PARAGRAPH B OF SUBDIVISION FOUR OF SECTION NINE-
TY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT  TO
SUBDIVISION  SIX  OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW,
LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF SECTION THIR-
TY-SIX HUNDRED FORTY-ONE OF THIS  ARTICLE;  OR  (II)  THE  APPORTIONMENT
CALCULATED  BY  THE  COMMISSIONER  BASED ON DATA ON FILE AT THE TIME THE
PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR  THE  PURPOSES  OF  ANY
PAYMENTS  MADE  PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSINESS DAY
OF JUNE OF THE CURRENT YEAR, MONEYS APPORTIONED SHALL  NOT  INCLUDE  ANY

S. 6406--A                         17                         A. 9006--A

AIDS  PAYABLE  PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN, IF APPLICABLE,
OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT YEAR  AID  FOR
DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST ISSUED IN THE
CURRENT  YEAR  OR  ANY  AIDS  PAYABLE  FOR FULL-DAY KINDERGARTEN FOR THE
CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX  HUNDRED
TWO OF THIS PART. FOR AID PAYABLE IN THE TWO THOUSAND SIXTEEN--TWO THOU-
SAND SEVENTEEN SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER LIST-
ING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT161-7".
  S  11.  Subparagraphs  5, 6 and 7 of paragraph (e) of subdivision 3 of
section 2853 of the education law, as added by section 5 of part  BB  of
chapter 56 of the laws of 2014, are amended to read as follows:
  (5) For a new charter school whose charter is granted or for an exist-
ing  charter  school  whose  expansion  of grade level, pursuant to this
article, is approved by their charter entity [before October first,  two
thousand  sixteen], if the appeal results in a determination in favor of
the charter school, the city  school  district  shall  pay  the  charter
school an amount attributable to the grade level expansion or the forma-
tion of the new charter school that is equal to the lesser of:
  (A)  the  actual  TOTAL  rental cost of an alternative privately owned
site selected by the charter school or
  (B) twenty percent of  the  product  of  the  charter  school's  basic
tuition  for  the  current  school year and (i) for a new charter school
that first commences instruction on or after July  first,  two  thousand
fourteen,  the  charter  school's current year enrollment; or (ii) for a
charter school which expands its grade level, pursuant to this  article,
[before October first, two thousand sixteen,] the positive difference of
the  charter  school's  enrollment  in the current school year minus the
charter school's enrollment in the school year prior to the  first  year
of the expansion.
  (6)  [For  a  new  charter  school  whose charter is granted or for an
existing charter school whose expansion of grade level, pursuant to this
article, is approved by their charter entity on or after October  first,
two  thousand sixteen, if the appeal results in a determination in favor
of the charter school, the city school district shall  pay  the  charter
school an amount attributable to the grade level expansion or the forma-
tion  of the new charter school that is equal to the maximum cost allow-
ance established by the commissioner for leases aidable  under  subdivi-
sion six of section thirty-six hundred two of this chapter.
  (7)]  An  arbitration in an appeal pursuant to this paragraph shall be
conducted by a  single  arbitrator  selected  in  accordance  with  this
subparagraph  from  a  list of arbitrators from the American arbitration
association's panel of labor  arbitrators,  with  relevant  biographical
information,  submitted by such association to the commissioner pursuant
to paragraph a of subdivision three of section three  thousand  twenty-a
of  this  chapter.  Upon request by the charter school, the commissioner
shall forthwith send a copy of such list  and  biographical  information
simultaneously  to  the  charter  school  and  city school district. The
parties shall, by mutual agreement, select an arbitrator from  the  list
within fifteen days from receipt of the list, and if the parties fail to
agree  on  an  arbitrator  within such fifteen day period or fail within
such fifteen day period to notify the commissioner  that  an  arbitrator
has been selected, the commissioner shall appoint an arbitrator from the
list  to  serve as the arbitrator. The arbitration shall be conducted in
accordance with the American arbitration association's rules  for  labor
arbitration,  except  that  the  arbitrator  shall conduct a pre-hearing
conference within ten to fifteen days of agreeing to serve and the arbi-

S. 6406--A                         18                         A. 9006--A

tration shall be completed and  a  decision  rendered  within  the  time
frames  prescribed for hearings pursuant to section three thousand twen-
ty-a of this chapter. The arbitrator's fee shall  not  exceed  the  rate
established  by  the  commissioner  for  hearings  conducted pursuant to
section three thousand twenty-a of this chapter, and the  cost  of  such
fee,  the  arbitrator's  necessary travel and other reasonable expenses,
and all other hearing expenses shall be borne equally by the parties  to
the arbitration.
  S 11-a. Subdivision 6-g of section 3602 of the education law, as added
by section 6 of part BB of chapter 56 of the laws of 2014, is amended to
read as follows:
  6-g.  Charter  schools  facilities aid. a. The city school district of
the city of New York, upon documenting that it has incurred total aggre-
gate expenses of forty million dollars or  more  pursuant  to  [subpara-
graphs]  SUBPARAGRAPH  five  [and  six]  of paragraph (e) of subdivision
three of section twenty-eight hundred fifty-three of this chapter, shall
be eligible for an apportionment pursuant to this  subdivision  for  its
annual  approved expenditures for the lease of space for charter schools
incurred in the base year in accordance with paragraph (e)  of  subdivi-
sion three of section twenty-eight hundred fifty-three of this chapter.
  b. The apportionment shall equal the product of (1) the sum of:
  [(A)]  for  aid payable for expenses incurred pursuant to subparagraph
five of paragraph (e)  of  subdivision  three  of  section  twenty-eight
hundred fifty-three of this chapter where the charter school prevails on
appeal,  the  annual  approved  expenses  incurred  by  the  city school
district pursuant to such subparagraph five[; and
  (B) for aid payable for expenses incurred pursuant to subparagraph six
of paragraph (e) of subdivision three of  section  twenty-eight  hundred
fifty-three of this chapter where the charter school prevails on appeal,
the  actual  annual  approved  rental expenses incurred pursuant to such
subparagraph six] multiplied by
  (2) six-tenths.
  c. For purposes of this subdivision, the approved  expenses  attribut-
able  to  a lease by a charter school of a privately owned site shall be
the lesser of the actual TOTAL rent paid under the lease or the  maximum
cost  allowance established by the commissioner for leases aidable under
subdivision six of this section.
  d. Notwithstanding any provision  of  law  to  the  contrary,  amounts
apportioned  pursuant  to this subdivision shall not be included in: (1)
the allowable growth amount computed pursuant to paragraph dd of  subdi-
vision  one  of this section, (2) the preliminary growth amount computed
pursuant to paragraph ff of subdivision one of this section, and (3) the
allocable growth amount computed pursuant to paragraph gg of subdivision
one of this section, and shall not  be  considered,  and  shall  not  be
available for interchange with, general support for public schools.
  S  12.  Subdivision 1 of section 2856 of the education law, as amended
by chapter 378 of the laws of 2007, paragraph (a) as amended  and  para-
graph  (d) as added by section 3 of part BB of chapter 56 of the laws of
2014, paragraph (c) as added by chapter 375 of  the  laws  of  2007,  is
amended to read as follows:
  1.  (a)  The enrollment of students attending charter schools shall be
included in the enrollment, attendance, membership and,  if  applicable,
count  of students with disabilities of the school district in which the
pupil resides. The charter school shall report  all  such  data  to  the
school  districts  of residence in a timely manner. Each school district
shall report such enrollment, attendance  and  count  of  students  with

S. 6406--A                         19                         A. 9006--A

disabilities  to  the department. The school district of residence shall
pay directly to the charter school for  each  student  enrolled  in  the
charter  school  who  resides  in the school district the charter school
basic tuition, which shall be:
  (i)  for school years prior to the two thousand nine--two thousand ten
school year and for school years following the two thousand sixteen--two
thousand seventeen school year, an amount equal to one  hundred  percent
of  the  amount calculated pursuant to paragraph f of subdivision one of
section thirty-six hundred two of this chapter for the  school  district
for  the  year prior to the base year increased by the percentage change
in the state total approved operating  expense  calculated  pursuant  to
paragraph t of subdivision one of section thirty-six hundred two of this
chapter from two years prior to the base year to the base year;
  (ii)  for  the  two  thousand  nine--two thousand ten school year, the
charter school basic  tuition  shall  be  the  amount  payable  by  such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
  (iii)  for the two thousand ten--two thousand eleven through two thou-
sand thirteen--two thousand fourteen school years,  the  charter  school
basic  tuition  shall be the basic tuition computed for the two thousand
ten--two thousand eleven school  year  pursuant  to  the  provisions  of
subparagraph (i) of this paragraph;
  (iv)  for  the  two thousand fourteen--two thousand fifteen[,] AND two
thousand fifteen--two thousand sixteen [and  two  thousand  sixteen--two
thousand seventeen] school years, the charter school basic tuition shall
be  the  sum  of the lesser of the charter school basic tuition computed
for the two thousand ten--two thousand eleven school  year  pursuant  to
the  provisions  of  subparagraph  (i)  of this paragraph or the charter
school basic tuition computed for  the  current  year  pursuant  to  the
provisions  of  subparagraph (i) of this paragraph plus the supplemental
basic tuition;
  (V) FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL  YEAR,
THE  CHARTER  SCHOOL  BASIC  TUITION  SHALL BE (A) FOR A SCHOOL DISTRICT
LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS, AN AMOUNT EQUAL TO
ONE HUNDRED PERCENT OF THE AMOUNT CALCULATED PURSUANT TO PARAGRAPH F  OF
SUBDIVISION  ONE  OF  SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FOR
THE SCHOOL DISTRICT FOR THE YEAR PRIOR TO THE BASE YEAR INCREASED BY THE
PERCENTAGE CHANGE IN THE STATE TOTAL APPROVED OPERATING  EXPENSE  CALCU-
LATED  PURSUANT  TO PARAGRAPH T OF SUBDIVISION ONE OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS CHAPTER FROM TWO YEARS PRIOR TO THE BASE YEAR TO THE
BASE YEAR OR (B) FOR ALL OTHER SCHOOL DISTRICTS, THE SUM OF  THE  LESSER
OF  THE  CHARTER  SCHOOL  BASIC  TUITION  COMPUTED  FOR THE TWO THOUSAND
TEN--TWO THOUSAND ELEVEN SCHOOL  YEAR  PURSUANT  TO  THE  PROVISIONS  OF
SUBPARAGRAPH  (I)  OF THIS PARAGRAPH OR THE CHARTER SCHOOL BASIC TUITION
COMPUTED FOR THE CURRENT YEAR PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH
(I) OF THIS PARAGRAPH PLUS THE SUPPLEMENTAL BASIC TUITION.
  For the purposes of this subdivision, the "supplemental basic tuition"
shall be (A) for a school district for which the  charter  school  basic
tuition  computed  for  the current year is greater than or equal to the
charter school basic tuition for  the  two  thousand  ten--two  thousand
eleven  school  year  pursuant  to the provisions of subparagraph (i) of
this paragraph, (1) for the two thousand fourteen--two thousand  fifteen
school  year two hundred and fifty dollars, and (2) for the two thousand
fifteen--two thousand  sixteen  school  year  three  hundred  and  fifty
dollars,  and  (3)  for the two thousand sixteen--two thousand seventeen
school year five hundred dollars, and (B)  for  a  school  district  for

S. 6406--A                         20                         A. 9006--A

which  the  charter  school  basic tuition for the two thousand ten--two
thousand eleven school year is greater than  the  charter  school  basic
tuition  for the current year pursuant to the provisions of subparagraph
(i)  of  this  paragraph,  the positive difference of the charter school
basic tuition for the two thousand ten--two thousand eleven school  year
minus  the charter school basic tuition for the current year pursuant to
the provisions of subparagraph (i) of this paragraph.
  (b) The school district shall also pay directly to the charter  school
any  federal  or  state  aid attributable to a student with a disability
attending charter school in proportion to the level of services for such
student with a disability that the charter school provides  directly  or
indirectly.  Notwithstanding  anything  in this section to the contrary,
amounts payable pursuant to this subdivision from state or  local  funds
may be reduced pursuant to an agreement between the school and the char-
ter  entity  set  forth  in  the charter. Payments made pursuant to this
subdivision shall be made by the school district  in  six  substantially
equal installments each year beginning on the first business day of July
and  every two months thereafter. Amounts payable under this subdivision
shall be determined by the commissioner. Amounts payable  to  a  charter
school  in its first year of operation shall be based on the projections
of initial-year enrollment set forth in the charter until actual enroll-
ment data is reported to the school district by the charter school. Such
projections shall be reconciled with the  actual  enrollment  as  actual
enrollment data is so reported and at the end of the school's first year
of  operation and each subsequent year based on a final report of actual
enrollment by the charter school, and any necessary adjustments  result-
ing from such final report shall be made to payments during the school's
following year of operation.
  (c)  Notwithstanding  any  other  provision of this subdivision to the
contrary, payment of the federal aid attributable to a  student  with  a
disability  attending  a charter school shall be made in accordance with
the requirements of section 8065-a of title twenty of the United  States
code  and sections 76.785-76.799 and 300.209 of title thirty-four of the
code of federal regulations.
  (d) School districts shall be eligible  for  an  annual  apportionment
equal  to  (A)  the amount of the supplemental basic tuition paid to the
charter school in the base year for the expenses  incurred  in  the  two
thousand fourteen--two thousand fifteen[,] AND two thousand fifteen--two
thousand  sixteen[,  and  two  thousand sixteen--two thousand seventeen]
school years; AND (B) FOR THE EXPENSES  INCURRED  IN  THE  TWO  THOUSAND
SIXTEEN--TWO  THOUSAND  SEVENTEEN  SCHOOL YEAR: (I) FOR SCHOOL DISTRICTS
LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS, AN AMOUNT EQUAL TO
FIVE HUNDRED DOLLARS FOR EACH STUDENT ENROLLED IN A CHARTER  SCHOOL  WHO
RESIDES IN THE SCHOOL DISTRICT IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN SCHOOL YEAR, OR (II) FOR ALL OTHER SCHOOL DISTRICTS, AN AMOUNT
EQUAL  TO THE AMOUNT OF THE SUPPLEMENTAL BASIC TUITION PAID TO THE CHAR-
TER SCHOOL IN THE BASE YEAR.
  S 13. Subdivision 1 of section 2856 of the education law,  as  amended
by section 22 of part A of chapter 58 of the laws of 2011, paragraph (a)
as amended and paragraph (c) as added by section 4 of part BB of chapter
56 of the laws of 2014, is amended to read as follows:
  1.  (a)  The enrollment of students attending charter schools shall be
included in the enrollment, attendance  and,  if  applicable,  count  of
students  with  disabilities  of  the school district in which the pupil
resides. The charter school shall report all such  data  to  the  school
districts  of  residence  in a timely manner. Each school district shall

S. 6406--A                         21                         A. 9006--A

report such enrollment, attendance and count of students with  disabili-
ties  to  the  department.  The  school  district of residence shall pay
directly to the charter school for each student enrolled in the  charter
school  who  resides  in  the  school  district the charter school basic
tuition which shall be:
  (i) for school years prior to the two thousand nine--two thousand  ten
school year and for school years following the two thousand sixteen--two
thousand  seventeen  school year, an amount equal to one hundred percent
of the amount calculated pursuant to paragraph f of subdivision  one  of
section  thirty-six  hundred two of this chapter for the school district
for the year prior to the base year increased by the  percentage  change
in  the  state  total  approved operating expense calculated pursuant to
paragraph t of subdivision one of section thirty-six hundred two of this
chapter from two years prior to the base year to the base year;
  (ii) for the two thousand nine--two  thousand  ten  school  year,  the
charter  school  basic  tuition  shall  be  the  amount  payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
  (iii) for the two thousand ten--two thousand eleven through two  thou-
sand  thirteen--two  thousand  fourteen school years, the charter school
basic tuition shall be the basic tuition computed for the  two  thousand
ten--two  thousand  eleven  school  year  pursuant  to the provisions of
subparagraph (i) of this paragraph;
  (iv) for the two thousand fourteen--two thousand  fifteen[,]  AND  two
thousand  fifteen--two  thousand  sixteen [and two thousand sixteen--two
thousand seventeen] school years, the charter school basic tuition shall
be the sum of the lesser of the charter school  basic  tuition  computed
for  the  two  thousand ten--two thousand eleven school year pursuant to
the provisions of subparagraph (i) of  this  paragraph  or  the  charter
school  basic  tuition  computed  for  the  current year pursuant to the
provisions of subparagraph (i) of this paragraph plus  the  supplemental
basic tuition[.];
  (V)  FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR,
THE CHARTER SCHOOL BASIC TUITION SHALL BE  (A)  FOR  A  SCHOOL  DISTRICT
LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS, AN AMOUNT EQUAL TO
ONE  HUNDRED PERCENT OF THE AMOUNT CALCULATED PURSUANT TO PARAGRAPH F OF
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF  THIS  CHAPTER  FOR
THE SCHOOL DISTRICT FOR THE YEAR PRIOR TO THE BASE YEAR INCREASED BY THE
PERCENTAGE  CHANGE  IN THE STATE TOTAL APPROVED OPERATING EXPENSE CALCU-
LATED PURSUANT TO PARAGRAPH T OF SUBDIVISION ONE OF  SECTION  THIRTY-SIX
HUNDRED TWO OF THIS CHAPTER FROM TWO YEARS PRIOR TO THE BASE YEAR TO THE
BASE  YEAR  OR (B) FOR ALL OTHER SCHOOL DISTRICTS, THE SUM OF THE LESSER
OF THE CHARTER SCHOOL  BASIC  TUITION  COMPUTED  FOR  THE  TWO  THOUSAND
TEN--TWO  THOUSAND  ELEVEN  SCHOOL  YEAR  PURSUANT  TO THE PROVISIONS OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH OR THE CHARTER SCHOOL  BASIC  TUITION
COMPUTED FOR THE CURRENT YEAR PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH
(I) OF THIS PARAGRAPH PLUS THE SUPPLEMENTAL BASIC TUITION.
  For the purposes of this subdivision, the "supplemental basic tuition"
shall  be  (A)  for a school district for which the charter school basic
tuition computed for the current year is greater than or  equal  to  the
charter  school  basic  tuition  for  the two thousand ten--two thousand
eleven school year pursuant to the provisions  of  subparagraph  (i)  of
this  paragraph, (1) for the two thousand fourteen--two thousand fifteen
school year two hundred and fifty dollars, and (2) for the two  thousand
fifteen--two  thousand  sixteen  school  year  three  hundred  and fifty
dollars, and (3) for the two thousand  sixteen--two  thousand  seventeen

S. 6406--A                         22                         A. 9006--A

school  year  five  hundred  dollars,  and (B) for a school district for
which the charter school basic tuition for  the  two  thousand  ten--two
thousand  eleven  school  year  is greater than the charter school basic
tuition  for the current year pursuant to the provisions of subparagraph
(i) of this paragraph, the positive difference  of  the  charter  school
basic  tuition for the two thousand ten--two thousand eleven school year
minus the charter school basic tuition for the current year pursuant  to
the provisions of subparagraph (i) of this paragraph.
  (b)  The school district shall also pay directly to the charter school
any federal or state aid attributable to a  student  with  a  disability
attending charter school in proportion to the level of services for such
student  with  a disability that the charter school provides directly or
indirectly. Notwithstanding anything in this section  to  the  contrary,
amounts  payable pursuant to this subdivision may be reduced pursuant to
an agreement between the school and the charter entity set forth in  the
charter. Payments made pursuant to this subdivision shall be made by the
school district in six substantially equal installments each year begin-
ning  on the first business day of July and every two months thereafter.
Amounts payable under  this  subdivision  shall  be  determined  by  the
commissioner.  Amounts  payable to a charter school in its first year of
operation shall be based on the projections of  initial-year  enrollment
set  forth in the charter. Such projections shall be reconciled with the
actual enrollment at the end of the school's first  year  of  operation,
and  any  necessary  adjustments  shall  be  made to payments during the
school's second year of operation.
  (c) School districts shall be eligible  for  an  annual  apportionment
equal  to  (A)  the amount of the supplemental basic tuition paid to the
charter school in the base year for the expenses  incurred  in  the  two
thousand fourteen--two thousand fifteen[,] AND two thousand fifteen--two
thousand  sixteen[,  and  two  thousand sixteen--two thousand seventeen]
school years; AND (B) FOR THE EXPENSES  INCURRED  IN  THE  TWO  THOUSAND
SIXTEEN--TWO  THOUSAND  SEVENTEEN  SCHOOL YEAR: (I) FOR SCHOOL DISTRICTS
LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS, AN AMOUNT EQUAL TO
FIVE HUNDRED DOLLARS FOR EACH STUDENT ENROLLED IN A CHARTER  SCHOOL  WHO
RESIDES IN THE SCHOOL DISTRICT IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN SCHOOL YEAR, OR (II) FOR ALL OTHER SCHOOL DISTRICTS, AN AMOUNT
EQUAL  TO THE AMOUNT OF THE SUPPLEMENTAL BASIC TUITION PAID TO THE CHAR-
TER SCHOOL IN THE BASE YEAR.
  S 14. Clauses (i) and (ii) of subparagraph 1 of paragraph e of  subdi-
vision  1 of section 3602 of the education law, as amended by section 11
of part B of chapter 57 of the laws of 2007,  are  amended  to  read  as
follows:
  (i)  determine the number of pupils tested who scored below the state-
wide reference point as determined by  the  commissioner  on  each  test
administered  pursuant  to  this  subparagraph,  plus pupils, other than
pupils with disabilities  and  ENGLISH  LANGUAGE  LEARNER  pupils  [with
limited  English  proficiency]  as  defined  by the commissioner who are
exempt from taking  such  tests,  provided,  however,  that  a  district
employing  eight  or  more teachers in such years but not operating each
grade may use the percentage computed pursuant to this paragraph for the
district which in such years enrolled the greatest number of  pupils  in
such grade from such district;
  (ii)  divide  the sum of such numbers by the number of such pupils who
took each of such tests, plus pupils, other than pupils  with  disabili-
ties  and  ENGLISH  LANGUAGE LEARNER pupils [with limited English profi-
ciency] as defined by the commissioner who are exempt from  taking  such

S. 6406--A                         23                         A. 9006--A

tests, provided, however, that a district which in any of the applicable
school years did not maintain a home school or employed fewer than eight
teachers,  and  which  in the base year employed eight or more teachers,
may use the scores in a later test as designated by the commissioner for
the purposes of this paragraph;
  S  15.  Paragraph  o of subdivision 1 of section 3602 of the education
law, as amended by section 11 of part B of chapter 57  of  the  laws  of
2007, is amended to read as follows:
  o. "[Limited English proficient] ENGLISH LANGUAGE LEARNER count" shall
mean the number of pupils served in the base year in programs for pupils
with  limited  English proficiency approved by the commissioner pursuant
to the provisions of this chapter and  in  accordance  with  regulations
adopted for such purpose.
  S  16. Paragraph b of subdivision 2 of section 3602-d of the education
law, as added by chapter 792 of the laws of 1990, is amended to read  as
follows:
  (b)  "Disadvantaged"  shall  mean  individuals (other than handicapped
individuals) who have economic or academic disadvantages and who require
special services and assistance in order to enable them  to  succeed  in
work-prep  programs.  Such term includes individuals who are: members of
economically disadvantaged families as set forth in regulations  promul-
gated  by  the department pursuant to sections sixty-four hundred fifty-
one and sixty-four hundred fifty-two of this chapter or as set forth  in
the  Federal Job Training Partnership Act of nineteen hundred eighty-two
(PL 97-300) (29 U.S.C.A. S 1501 et  seq.);  migrants;  [individuals  who
have  limited  English proficiency] ENGLISH LANGUAGE LEARNERS; and indi-
viduals who are identified as potential dropouts from secondary school.
  S 17. Paragraph d of subdivision 4 of section 3602-f of the  education
law,  as  added  by section 83-a of part L of chapter 405 of the laws of
1999, is amended to read as follows:
  d. [Limited English proficient] ENGLISH LANGUAGE LEARNER  pupil  count
as  defined  in  paragraph  o  of  subdivision one of section thirty-six
hundred two of this article.
  S 18. Section 3604 of the education law is amended  by  adding  a  new
subdivision 13 to read as follows:
  13.  FOR  PURPOSES  OF  THIS CHAPTER, "LIMITED ENGLISH PROFICIENT" AND
"LIMITED ENGLISH PROFICIENCY" SHALL MEAN "ENGLISH LANGUAGE LEARNER".
  S 19. Clause (B) of subparagraph 2 of paragraph b of subdivision 6  of
section  3641  of  the education law, as added by section 2 of part B of
chapter 58 of the laws of 2011, is amended to read as follows:
  (B) [students with limited English proficiency and] students  who  are
English language learners;
  S  20.  The education law is amended by adding a new section 4403-a to
read as follows:
  S 4403-A. WAIVERS FROM CERTAIN DUTIES. 1.  A  LOCAL  SCHOOL  DISTRICT,
APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
SUBMIT  AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH
DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
THIS  ARTICLE,  AND  REGULATIONS  PROMULGATED THEREUNDER, FOR A SPECIFIC
SCHOOL YEAR. SUCH APPLICATION SHALL BE SUBMITTED AT LEAST SIXTY DAYS  IN
ADVANCE  OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND
SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
  2. BEFORE SUBMITTING AN APPLICATION FOR A  WAIVER,  THE  LOCAL  SCHOOL
DISTRICT,  APPROVED  PRIVATE  SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE  PARENTS  OR

S. 6406--A                         24                         A. 9006--A

PERSONS  IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED
BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP  WILL
BE  AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND
SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH  PARENTS
MAY  SUBMIT  WRITTEN  COMMENTS  ON THE PROPOSED WAIVER. THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF  COOPERATIVE  EDUCATIONAL
SERVICES  SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS
IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND  SHALL  INCLUDE
IN  THE  WAIVER  APPLICATION  SUBMITTED  TO THE COMMISSIONER PURSUANT TO
SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM  SUCH
PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS.
  3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL  SERVICES  PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED TWO OR
SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON  A  FINDING  THAT
SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
OR  BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE
SPECIAL EDUCATION PROGRAM THAT IS  CONSISTENT  WITH  APPLICABLE  FEDERAL
REQUIREMENTS, AND WOULD ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES
FOR  PLACEMENT  IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI-
NATION, THE COMMISSIONER SHALL CONSIDER ANY  COMMENTS  RECEIVED  BY  THE
LOCAL  SCHOOL  DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
  4. ANY LOCAL SCHOOL DISTRICT, APPROVED  PRIVATE  SCHOOL  OR  BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
PROGRAM  NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR
WHICH A WAIVER IS GRANTED.
  S 21. Notwithstanding any provision of law to the  contrary,  for  the
2016-2017  school  year  and  thereafter,  any  pre-kindergarten program
receiving state funds that is identified by the office of  children  and
family services, the department of health and mental hygiene of the city
of  New York, or the state education department as needing extraordinary
quality support shall participate in QUALITYstarsNY as  a  condition  of
continued  receipt  of  state  funds, unless such participation would be
contrary to an existing contract with the department. The  state  educa-
tion  department  shall  include  such  participation  as a condition of
continued receipt of state funds in any new contract or contract renewal
or application for renewal of funding for any  state-funded  pre-kinder-
garten program for the 2016-2017 school year or thereafter.
  S 22. Notwithstanding any provision of law, rule, or regulation to the
contrary, there shall be an empire state pre-kindergarten grant board as
follows:
  1. Creation.
  (a)  The  empire  state  pre-kindergarten grant board ("the board") is
hereby created to have and exercise the powers, duties and  prerogatives
provided  by  the  provisions of this section and any other provision of
law. The board shall remain in existence  during  the  period  from  the
effective date of this section through the date on which the last of the
funds  available  for  grants  for  programs  listed in paragraph (a) of
subdivision 2 of this section are disbursed.
  (b) The membership  of  the  board  shall  consist  of  three  persons
appointed by the governor, of which one shall be upon the recommendation
of the temporary president of the senate and one upon the recommendation

S. 6406--A                         25                         A. 9006--A

of  the speaker of the assembly. The term of the members first appointed
shall continue until March 31, 2017,  and  thereafter  their  successors
shall serve for a term of one year ending on March 31 in each year. Upon
recommendation  of  the nominating party, the governor shall replace any
member in accordance with the provision contained  in  this  subdivision
for  the  appointment  of  members.  The members of the board shall vote
among themselves to determine who shall serve as chair. The board  shall
act  by unanimous vote of the members of the board. Any determination of
the board shall be evidenced by a certification thereof executed by  all
the  members.  Each member of the board shall be entitled to designate a
representative to attend  meetings  of  the  board  on  the  designating
member's  behalf,  and  to  vote  or  otherwise  act  on the designating
member's behalf in the designating  member's  absence.  Notice  of  such
designation  shall be furnished in writing to the board by the designat-
ing member. A representative shall serve at the pleasure of  the  desig-
nating member during the member's term of office. A representative shall
not  be  authorized to delegate any of his or her duties or functions to
any other person.
  (c) Every officer, employee, or member of a governing or  other  board
of  any school district, program or other entity offering pre-kindergar-
ten services, and every New York  state  regent  and  every  officer  or
employee of the board of regents or the department of education shall be
ineligible for appointment as a member, representative, officer, employ-
ee or agent of the board.
  (d)  The  members  of the board shall serve without salary or per diem
allowance but shall be entitled to reimbursement for actual  and  neces-
sary expenses incurred in the performance of official duties pursuant to
this  section  or  other  provision  of  law, provided however that such
members and representatives are not,  at  the  time  such  expenses  are
incurred,  public  officers  or  employees  otherwise  entitled  to such
reimbursement.
  (e) The members, their representatives,  officers  and  staff  to  the
board  shall be deemed employees within the meaning of section 17 of the
public officers law.
  2. Powers, functions, duties and administration of  the  empire  state
pre-kindergarten grant board.
  (a)  Notwithstanding any provision of section 3602-ee of the education
law or any other provision of law to  the  contrary,  the  empire  state
pre-kindergarten  grant  board shall have the power, and it shall be its
duty, to distribute all new grant awards for the  following  pre-kinder-
garten programs via a competitive request for proposals process:
  (i) the statewide universal full-day pre-kindergarten program pursuant
to section 3602-ee of the education law;
  (ii) the empire state pre-kindergarten grants for three-year-old chil-
dren established pursuant to a chapter of the laws of 2016;
  (iii)  the  priority  pre-kindergarten program established pursuant to
chapter 53 of the laws of 2013; and
  (iv) the pre-kindergarten grants for three and four year old  children
established pursuant to chapter 53 of the laws of 2015.
  (b) The office of children and family services shall serve as staff to
the  empire  state pre-kindergarten grant board, with the cooperation of
any other state agency, and shall assist  in  tasks  including  but  not
limited  to  the  drafting of any requests for proposals, the scoring of
applications pursuant to the criteria in such  requests  for  proposals,
the  preparation  of draft award lists, and the preparation of any other

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information or materials which would assist the board  in  carrying  out
its duties.
  (c)  Notwithstanding  any  provision of law to the contrary, the board
shall have final approval authority over any request for proposals  used
to  distribute  any grant funding for pre-kindergarten programs pursuant
to paragraph (a) of this subdivision,  provided  that  any  request  for
proposals  issued after the effective date of this section shall contain
a requirement that any awardee identified by the office of children  and
family services, the department of health and mental hygiene of the city
of  New York, or the state education department as needing extraordinary
quality support shall participate in QUALITYstarsNY as  a  condition  of
continued receipt of state funds.
  (d)  Notwithstanding  any  provision of law to the contrary, the board
shall have final approval authority for any grant awards for pre-kinder-
garten programs pursuant to paragraph (a) of this subdivision.
  (e) On behalf of and at the direction of the board, the  state  educa-
tion  department  shall  enter into a contract with any school district,
program, or other entity awarded a grant pursuant to this section.
  (f) Except as explicitly set forth herein,  nothing  in  this  section
shall  be  construed  to  alter  or amend the program administration and
other requirements of the grant programs listed in paragraph (a) of this
subdivision.
  3. Reporting. The empire state  pre-kindergarten  grant  board  shall,
annually  on  or  before  December  first,  prepare and submit an annual
report to the governor and the chair of  the  assembly  ways  and  means
committee  and  the  chair  of the senate finance committee. Such report
shall contain at a minimum the following information: (i) a list of  all
applications filed by any entity for a grant distributed by the pre-kin-
dergarten  grant  board,  including the name of the applying entity, the
grant program applied for, and the amount of the grant requested; (ii) a
list of the applications granted by the board specifying the  amount  of
the  grant  approved if such amount is different from the amount applied
for; (iii) a statement showing the dollar amount of all grants  approved
by  the  board and the dollar amount of the remaining available capacity
for future grants; and (iv) a statement showing the numbers of new full-
day slots, new half-day slots, and  slots  converted  from  half-day  to
full-day as a result of such grants.
  S 23. Subdivision 16 of section 3602-ee of the education law, as added
by section 1 of part CC of chapter 56 of the laws of 2014, is amended to
read as follows:
  16.  The authority of the department to administer the universal full-
day pre-kindergarten program shall expire June thirtieth,  two  thousand
[sixteen] SEVENTEEN; provided that the program shall continue and remain
in full effect.
  S  24. Paragraph b of subdivision 6-c of section 3602 of the education
law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
follows:
  b.  For  projects  approved  by the commissioner authorized to receive
additional building aid pursuant to this subdivision for the purchase of
stationary metal detectors, security cameras or other  security  devices
approved  by  the  commissioner that increase the safety of students and
school personnel, provided that for  purposes  of  this  paragraph  such
other  security  devices shall be limited to electronic security systems
and hardened doors, and provided  that  for  projects  approved  by  the
commissioner on or after the first day of July two thousand thirteen and
before  the first day of July [two thousand sixteen] TWO THOUSAND SEVEN-

S. 6406--A                         27                         A. 9006--A

TEEN such additional aid shall equal the product of (i) the building aid
ratio computed for use in the current year pursuant to  paragraph  c  of
subdivision  six of this section plus ten percentage points, except that
in  no  case  shall this amount exceed one hundred percent, and (ii) the
actual approved expenditures incurred in the base year pursuant to  this
subdivision, provided that the limitations on cost allowances prescribed
by  paragraph  a of subdivision six of this section shall not apply, and
provided further that any projects aided under this  paragraph  must  be
included  in  a  district's  school  safety plan. The commissioner shall
annually prescribe a special cost allowance  for  metal  detectors,  and
security  cameras,  and  the approved expenditures shall not exceed such
cost allowance.
  S 25. Section 2 of chapter 552 of the laws of 1995 amending the educa-
tion law relating to contracts for the transportation  of  school  chil-
dren,  as amended by chapter 116 of the laws of 2013, is amended to read
as follows:
  S 2. This act shall take effect on  the  first  day  of  January  next
succeeding the date on which it shall have become a law and shall remain
in  full  force  and effect until January 1, [2017] 2020, when upon such
date the provisions of this act shall be deemed repealed.
  S 26. Paragraph b of subdivision 2 of section 3612  of  the  education
law,  as  amended  by  section  8 of part A of chapter 56 of the laws of
2015, is amended to read as follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any  shortage  of  teachers  in  the
school  district, the number of teachers employed in the school district
who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity  and
geographic  sparsity  of  the  district,  the number of new teachers the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district, if applicable. Grants provided pursuant to this section  shall
be used only for the purposes enumerated in this section.  Notwithstand-
ing  any  other provision of law to the contrary, a city school district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of such grant funds for any  recruitment,  retention  and  certification
costs  associated  with transitional certification of teacher candidates
for the school years two thousand one--two  thousand  two  through  [two
thousand  fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO THOU-
SAND SEVENTEEN.
  S 27. Subdivision 6 of section 4402 of the education law,  as  amended
by  section 9 of part A of chapter 56 of the laws of 2015, is amended to
read as follows:
  6. Notwithstanding any other law, rule or regulation to the  contrary,
the  board  of  education of a city school district with a population of
one hundred twenty-five thousand or more inhabitants shall be  permitted
to  establish  maximum  class  sizes  for  special  classes  for certain
students with disabilities in accordance with  the  provisions  of  this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact  from under-utilization of special education resources due to low
student attendance in  special  education  classes  at  the  middle  and
secondary level as determined by the commissioner, such boards of educa-
tion  shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [sixteen] SEVENTEEN  of  the

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[two  thousand  fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO
THOUSAND SEVENTEEN school year, be authorized to increase class sizes in
special classes containing students with disabilities whose  age  ranges
are  equivalent  to those of students in middle and secondary schools as
defined by the commissioner for purposes of this section by  up  to  but
not to exceed one and two tenths times the applicable maximum class size
specified  in  regulations of the commissioner rounded up to the nearest
whole number, provided that in a city school  district  having  a  popu-
lation of one million or more, classes that have a maximum class size of
fifteen  may  be increased by no more than one student and provided that
the projected average class size shall not exceed the maximum  specified
in  the  applicable  regulation,  provided that such authorization shall
terminate on June thirtieth, two thousand. Such authorization  shall  be
granted  upon  filing  of a notice by such a board of education with the
commissioner stating the board's intention to increase such class  sizes
and  a  certification  that the board will conduct a study of attendance
problems at the secondary level and will implement a  corrective  action
plan  to  increase the rate of attendance of students in such classes to
at least the rate for students attending regular  education  classes  in
secondary  schools of the district. Such corrective action plan shall be
submitted for approval by the commissioner by a date during  the  school
year  in  which such board increases class sizes as provided pursuant to
this subdivision to be prescribed by the  commissioner.  Upon  at  least
thirty  days  notice  to the board of education, after conclusion of the
school year in which such board increases class sizes as provided pursu-
ant to this subdivision, the commissioner shall be authorized to  termi-
nate  such  authorization  upon  a  finding that the board has failed to
develop or implement an approved corrective action plan.
  S 28. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
relating  to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by  section
13  of  part  A of chapter 56 of the laws of 2015, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of  this section for the 2012--2013 school year shall not exceed 63.3
percent of the lesser of such  approvable  costs  per  contact  hour  or
twelve dollars and thirty-five cents per contact hour, reimbursement for
the  2013--2014  school year shall not exceed 62.3 percent of the lesser
of such approvable costs per contact hour or twelve dollars  and  sixty-
five  cents  per  contact  hour, reimbursement for the 2014--2015 school
year shall not exceed 61.6 percent of  the  lesser  of  such  approvable
costs  per  contact  hour  or  thirteen  dollars per contact hour, [and]
reimbursement for the 2015--2016  school  year  shall  not  exceed  60.7
percent of the lesser of such approvable costs per contact hour or thir-
teen dollars and forty cents per contact hour, AND REIMBURSEMENT FOR THE
2016--2017  SCHOOL  YEAR  SHALL NOT EXCEED 60.3 PERCENT OF THE LESSER OF
SUCH APPROVABLE COSTS PER CONTACT HOUR OR THIRTEEN DOLLARS EIGHTY  CENTS
PER  CONTACT  HOUR  where  a  contact  hour  represents sixty minutes of
instruction services provided to an eligible adult.  Notwithstanding any
other provision of law to the contrary, for the 2012--2013  school  year
such  contact  hours shall not exceed one million six hundred sixty-four
thousand five hundred thirty-two  (1,664,532)  hours;  whereas  for  the
2013--2014  school  year such contact hours shall not exceed one million
six hundred forty-nine  thousand  seven  hundred  forty-six  (1,649,746)
hours;  whereas  for the 2014--2015 school year such contact hours shall
not exceed one million  six  hundred  twenty-five  thousand  (1,625,000)

S. 6406--A                         29                         A. 9006--A

hours;  whereas  for the 2015--2016 school year such contact hours shall
not  exceed  one  million  five  hundred  ninety-nine  thousand  fifteen
(1,599,015)  HOURS;  WHEREAS FOR THE 2016--2017 SCHOOL YEAR SUCH CONTACT
HOURS SHALL NOT EXCEED ONE MILLION THREE HUNDRED EIGHTY-TWO THOUSAND TWO
HUNDRED  ELEVEN (1,382,211).  Notwithstanding any other provision of law
to the contrary,  the  apportionment  calculated  for  the  city  school
district  of  the city of New York pursuant to subdivision 11 of section
3602 of the education law shall be computed as  if  such  contact  hours
provided  by  the  consortium  for  worker  education, not to exceed the
contact hours set forth herein, were eligible for aid in accordance with
the provisions of such subdivision 11 of section 3602 of  the  education
law.
  S  29. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker  education  in New York city, is amended by adding a new subdivi-
sion u to read as follows:
  U. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
COMPLETION  OF  PAYMENTS FOR THE 2016--2017 SCHOOL YEAR. NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER  SHALL  WITHHOLD  A
PORTION  OF  EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF  THE  COSTS  OF
THE  WORK  FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED TO THE
ELEMENTARY AND SECONDARY EDUCATION FUND  LOCAL  ASSISTANCE  ACCOUNT  AND
SHALL   NOT   EXCEED   ELEVEN  MILLION  FIVE  HUNDRED  THOUSAND  DOLLARS
($11,500,000).
  S 30. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
ing  a  program for work force education conducted by the consortium for
worker education in New York city, as amended by section 15 of part A of
chapter 56 of the laws of 2015, is amended to read as follows:
  S 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
repealed on June 30, [2016] 2017.
  S  31. Section 99-u of the state finance law, as added by section 2 of
part GG of chapter 59 of the laws of 2013, subdivision 2-a as  added  by
chapter 453 of the laws if 2015, is amended to read as follows:
  S  99-u. New York state teen health education fund. 1. There is hereby
established in the JOINT custody of the STATE  COMPTROLLER  AND  commis-
sioner  of  taxation and finance a special [account] FUND to be known as
the "New York state teen health education fund".
  2. Such fund shall consist of all revenues received by the  department
of  taxation  and  finance,  pursuant  to  the provisions of section six
hundred thirty-c of the tax law and all other moneys appropriated there-
to from any other fund or source pursuant to law. Nothing  contained  in
this  section  shall  prevent  the state from receiving grants, gifts or
bequests for the purposes of the fund as defined  in  this  section  and
depositing them into the fund according to law.
  2-a. On or before the first day of February each year, the commission-
er of [health] EDUCATION shall provide a written report to the temporary
president  of  the  senate, speaker of the assembly, chair of the senate
finance committee, chair of the assembly ways and means committee, chair
of the senate committee on health, chair of the assembly health  commit-
tee, the state comptroller and the public. Such report shall include how
the monies of the fund were utilized during the preceding calendar year,
and shall include:
  (i)  the amount of money dispersed from the fund and the award process
used for such disbursements;
  (ii) recipients of awards from the fund;

S. 6406--A                         30                         A. 9006--A

  (iii) the amount awarded to each;
  (iv) the purposes for which such awards were granted; and
  (v) a summary financial plan for such monies which shall include esti-
mates of all receipts and all disbursements for the current and succeed-
ing  fiscal  years,  along with the actual results from the prior fiscal
year.
  3. [The moneys in said account shall be retained by the fund and shall
be released by the  commissioner  of  taxation  and  finance  only  upon
certificates  signed  by  the  commissioner  of  education or his or her
designee and only for the purposes set forth in  this  section.]  MONEYS
SHALL  BE  PAYABLE  FROM  THE FUND ON THE AUDIT AND WARRANT OF THE COMP-
TROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER OF EDUCA-
TION.
  4. The moneys in such fund  shall  be  expended  for  the  purpose  of
supplementing  educational  programs in schools for health and awareness
of issues facing teens today when it comes  to  their  health.  Eligible
health  programs  are  those  with  an  established curriculum providing
instruction on alcohol, tobacco and other  drug  abuse  prevention,  the
causes  and  problems associated with teen obesity, and for awareness of
the symptoms of teen endometriosis.
  S 32. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating to certain provisions related to the 1994-95 state  operations,
aid to localities, capital projects and debt service budgets, as amended
by section 16 of part A of chapter 56 of the laws of 2015, is amended to
read as follows:
  1.  Sections  one  through seventy of this act shall be deemed to have
been in full force and effect as of April  1,  1994  provided,  however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only to hearings commenced prior to  September  1,  1994,  and  provided
further  that  section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and  provided  further  that  sections  four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a  of  this  act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen,  seventeen,
twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
deemed repealed on March 31, [2017] 2018.
  S 33. Subdivisions 22 and 24 of section 140 of chapter 82 of the  laws
of 1995, amending the education law and other laws relating to state aid
to  school  districts  and the appropriation of funds for the support of
government, as amended by section 17 of part A of chapter 56 of the laws
of 2015, are amended to read as follows:
  (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
fourteen,  one hundred fifteen and one hundred sixteen of this act shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2016] 2017 at which time it shall be deemed repealed;
  (24) sections one hundred eighteen through one hundred thirty of  this
act  shall  be deemed to have been in full force and effect on and after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred twenty-four of this act shall be deemed to be
repealed on and after July 1, [2016] 2017;
  S 34. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
education  law  relating  to conditional appointment of school district,

S. 6406--A                         31                         A. 9006--A

charter school or BOCES employees, as amended by section 19 of part A of
chapter 56 of the laws of 2015, is amended to read as follows:
  S  12.  This  act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2016] 2017 when
upon such date the provisions of this act shall be deemed repealed.
  S 35. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
education  law  relating  to  the  provision of supplemental educational
services, attendance at a safe  public  school  and  the  suspension  of
pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
amended by section 20 of part A of chapter 56 of the laws  of  2015,  is
amended to read as follows:
  S  4.  This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2016] 2017.
  S 36. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
education law relating to the implementation of the No Child Left Behind
Act  of  2001,  as  amended by section 21 of part A of chapter 56 of the
laws of 2015, is amended to read as follows:
  S 5. This act shall take effect immediately;  provided  that  sections
one,  two  and  three of this act shall expire and be deemed repealed on
June 30, [2016] 2017.
  S 37. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid  payable  in
the 2016--2017 school year, the commissioner of education shall allocate
school  bus  driver  training  grants  to school districts and boards of
cooperative educational services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit educational organizations for the purposes  of  this  section.  Such
payments  shall  not exceed four hundred thousand dollars ($400,000) per
school year.
  S 38. Special apportionment for salary expenses. a.    Notwithstanding
any  other  provision  of  law,  upon application to the commissioner of
education, not sooner than the first day of  the  second  full  business
week  of  June  2017  and  not later than the last day of the third full
business week of June 2017, a school district eligible for an apportion-
ment pursuant to section 3602 of the education law shall be eligible  to
receive  an  apportionment pursuant to this section, for the school year
ending June 30, 2017, for salary expenses incurred between April  1  and
June 30, 2016 and such apportionment shall not exceed the sum of (i) the
deficit  reduction assessment of 1990--1991 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186 percent of such amount for a city school district in a city  with  a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such  amount  for  a city school district in a city with a population of
more than 195,000 inhabitants and less than 219,000 inhabitants  accord-
ing  to  the  latest  federal  census, plus (iv) the net gap elimination
adjustment for 2010--2011, as determined by the commissioner  of  educa-
tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
nation  adjustment  for  2011--2012 as determined by the commissioner of
education pursuant to subdivision 17 of section 3602  of  the  education
law,  and provided further that such apportionment shall not exceed such
salary expenses. Such application shall be made by  a  school  district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.

S. 6406--A                         32                         A. 9006--A

  b.  The  claim  for  an  apportionment to be paid to a school district
pursuant to subdivision a of this section  shall  be  submitted  to  the
commissioner  of  education  on  a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that  the  form
has been submitted as prescribed. Such approved amounts shall be payable
on  the  same  day in September of the school year following the year in
which application was made as funds provided  pursuant  to  subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law,  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general fund to the extent that the amount paid  to  a  school  district
pursuant  to  this  section  exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the  school  year  following  the
year in which application was made.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be  deducted  from  the
following  payments  due  the  school  district  during  the school year
following the year in which application was made  pursuant  to  subpara-
graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's  payments  to  the
teachers'  retirement  system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such  subdivision  shall  be
deducted on a chronological basis starting with the earliest payment due
the district.
  S  39. Special apportionment for public pension accruals. a.  Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2017, a school district  eligi-
ble  for  an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this  section,
for  the  school  year ending June 30, 2017 and such apportionment shall
not exceed the  additional  accruals  required  to  be  made  by  school
districts  in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount  of  such  addi-
tional  accrual  shall  be certified to the commissioner of education by
the president of the board of education or the trustees or, in the  case
of  a  city  school  district  in  a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application  shall  be
made by a school district, after the board of education or trustees have
adopted  a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants,  with  the
approval of the mayor of such city.
  b.  The  claim  for  an  apportionment to be paid to a school district
pursuant to subdivision a of this section  shall  be  submitted  to  the
commissioner  of  education  on  a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that  the  form
has been submitted as prescribed. Such approved amounts shall be payable
on  the  same  day in September of the school year following the year in
which application was made as funds provided  pursuant  to  subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance

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law,  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
graph, and any remainder to be deducted from the individualized payments
due  the  district  pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
  S 40. a. Notwithstanding any other law,  rule  or  regulation  to  the
contrary,  any moneys appropriated to the state education department may
be suballocated to other state departments or agencies,  as  needed,  to
accomplish the intent of the specific appropriations contained therein.
  b.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department from  the  general
fund/aid  to  localities,  local  assistance  account-001,  shall be for
payment of financial assistance, as  scheduled,  net  of  disallowances,
refunds, reimbursement and credits.
  c.  Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education  department  for  aid  to
localities shall be available for payment of aid heretofore or hereafter
to  accrue  and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
  d. Notwithstanding any other law, rule or regulation to the  contrary,
moneys  appropriated  to  the  state  education  department  for general
support for public schools may be interchanged with any  other  item  of
appropriation  for general support for public schools within the general
fund local assistance account office of  prekindergarten  through  grade
twelve education programs.
  S 41. Notwithstanding the provision of any law, rule, or regulation to
the  contrary,  the  city school district of the city of Rochester, upon
the consent of the board of  cooperative  educational  services  of  the
supervisory  district  serving  its  geographic region may purchase from
such board for the 2016--2017 school year,  as  a  non-component  school
district, services required by article 19 of the education law.
  S  42. The amounts specified in this section shall be a set aside from
the state funds which each such district is  receiving  from  the  total
foundation  aid:  for  the  purpose  of  the development, maintenance or
expansion of magnet schools or magnet school programs for the 2016--2017
school year. To the city school district of the city of New  York  there
shall  be  paid  forty-eight  million  one hundred seventy-five thousand
dollars ($48,175,000) including five hundred thousand dollars ($500,000)

S. 6406--A                         34                         A. 9006--A

for the Andrew Jackson High School; to the Buffalo city school district,
twenty-one million twenty-five thousand dollars  ($21,025,000);  to  the
Rochester  city  school district, fifteen million dollars ($15,000,000);
to   the   Syracuse  city  school  district,  thirteen  million  dollars
($13,000,000); to the Yonkers city school district,  forty-nine  million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district,   four   million   six  hundred  forty-five  thousand  dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred seventy-five thousand dollars ($2,475,000); to the Mount  Vernon
city  school  district,  two  million  dollars  ($2,000,000); to the New
Rochelle city school district, one million  four  hundred  ten  thousand
dollars  ($1,410,000);  to  the  Schenectady  city  school district, one
million eight hundred thousand dollars ($1,800,000); to the Port Chester
city school district, one million one  hundred  fifty  thousand  dollars
($1,150,000);  to  the  White  Plains city school district, nine hundred
thousand dollars ($900,000); to the Niagara Falls city school  district,
six  hundred  thousand  dollars  ($600,000);  to  the Albany city school
district,  three   million   five   hundred   fifty   thousand   dollars
($3,550,000);  to  the  Utica  city school district, two million dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand dollars ($566,000); to the  Middletown  city  school  district,
four  hundred  thousand  dollars  ($400,000); to the Freeport union free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh  central  school  district,   three   hundred   thousand   dollars
($300,000);  to  the Amsterdam city school district, eight hundred thou-
sand dollars ($800,000); to the  Peekskill  city  school  district,  two
hundred  thousand  dollars  ($200,000);  and  to  the Hudson city school
district, four hundred thousand dollars ($400,000). Notwithstanding  the
provisions of this section, a school district receiving a grant pursuant
to  this  section may use such grant funds for: (i) any instructional or
instructional support costs associated with the operation  of  a  magnet
school; or (ii) any instructional or instructional support costs associ-
ated  with  implementation  of  an  alternative approach to reduction of
racial isolation and/or enhancement of  the  instructional  program  and
raising  of  standards  in  elementary  and  secondary schools of school
districts having substantial concentrations of  minority  students.  The
commissioner  of  education  shall  not be authorized to withhold magnet
grant funds from a school district that used such  funds  in  accordance
with  this section, notwithstanding any inconsistency with a request for
proposals issued by such commissioner. For  the  purpose  of  attendance
improvement  and  dropout prevention for the 2016--2017 school year, for
any city school district in a city having a population of more than  one
million, the set aside for attendance improvement and dropout prevention
shall  equal  the  amount set aside in the base year. For the 2016--2017
school year, it is further provided that any city school district  in  a
city  having  a  population  of  more than one million shall allocate at
least one-third of any increase from base year levels in funds set aside
pursuant to the requirements of this section to  community-based  organ-
izations.  Any  increase required pursuant to this section to community-
based organizations must be  in  addition  to  allocations  provided  to
community-based  organizations  in  the  base  year.  For the purpose of
teacher support for the 2016--2017  school  year:  to  the  city  school
district  of the city of New York, sixty-two million seven hundred seven
thousand dollars ($62,707,000); to the Buffalo city school district, one
million seven hundred forty-one thousand dollars  ($1,741,000);  to  the
Rochester city school district, one million seventy-six thousand dollars

S. 6406--A                         35                         A. 9006--A

($1,076,000);  to  the  Yonkers  city  school  district, one million one
hundred forty-seven thousand dollars ($1,147,000); and to  the  Syracuse
city  school  district,  eight hundred nine thousand dollars ($809,000).
All  funds  made available to a school district pursuant to this section
shall be distributed among teachers including  prekindergarten  teachers
and  teachers  of  adult  vocational and academic subjects in accordance
with this section and shall be in addition  to  salaries  heretofore  or
hereafter  negotiated  or  made  available;  provided, however, that all
funds distributed pursuant to this section for the current year shall be
deemed to incorporate all funds distributed pursuant to former  subdivi-
sion 27 of section 3602 of the education law for prior years.  In school
districts  where the teachers are represented by certified or recognized
employee organizations, all salary increases  funded  pursuant  to  this
section   shall   be  determined  by  separate  collective  negotiations
conducted pursuant to the provisions and procedures of article 14 of the
civil service law, notwithstanding the existence of a negotiated  agree-
ment  between  a  school district and a certified or recognized employee
organization.
  S 43. Support of public libraries. The  moneys  appropriated  for  the
support  of  public  libraries by a chapter of the laws of 2016 enacting
the aid to localities budget shall  be  apportioned  for  the  2016-2017
state  fiscal  year  in  accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
provisions  of this chapter and the provisions of this section, provided
that library construction aid pursuant to section 273-a of the education
law shall not be payable from the  appropriations  for  the  support  of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total  system  or  program  aid  than it received for the year 2001-2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support  of  public  libraries.  Notwithstanding  any
other  provision  of law to the contrary the moneys appropriated for the
support of public libraries for the year 2016-2017 by a chapter  of  the
laws  of 2016 enacting the education, labor and family assistance budget
shall fulfill the state's obligation to provide such aid  and,  pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant  to  such  appropriations  shall  be reduced proportionately to
assure that the total amount of aid payable does not  exceed  the  total
appropriations for such purpose.
  S 44. Severability. The provisions of this act shall be severable, and
if  the  application  of  any  clause, sentence, paragraph, subdivision,
section or part of this act to  any  person  or  circumstance  shall  be
adjudged  by  any  court  of  competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the  case  may  be,  to  any  other
person  or  circumstance,  but shall be confined in its operation to the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 45. This act shall take effect immediately, and shall be  deemed  to
have been in full force and effect on and after April 1, 2016, provided,
however, that:

S. 6406--A                         36                         A. 9006--A

  1. Sections one, six, seven, eight, nine, ten, twenty-six, twenty-sev-
en,  twenty-eight, twenty-nine, thirty-seven, forty-one and forty-two of
this act shall take effect July 1, 2016.
  2. The amendments to paragraph b-1 of subdivision 4 of section 3602 of
the education law made by section seven of this act shall not affect the
expiration of such paragraph and shall be deemed to expire therewith.
  3.  The  amendments  to subdivision 1 of section 2856 of the education
law made by section twelve of this act shall be subject to  the  expira-
tion  and  reversion  of  such  subdivision pursuant to subdivision d of
section 27 of chapter 378 of the laws of 2007,  as  amended,  when  upon
such  date  the  provisions  of  section thirteen of this act shall take
effect.
  4. The amendments to chapter 756 of the laws  of  1992,  amending  the
education  law  relating  to  funding a program for work force education
conducted by a consortium for worker education in New York City made  by
sections  twwnty-eight  and twenty-nine of this act shall not affect the
repeal of such chapter and shall be deemed repealed therewith.
  5. Section thirty-three of this act shall take effect immediately  and
shall  be  deemed to have been in full force and effect on and after the
effective date of section 140 of chapter 82 of the laws of 1995.

                                 PART B

  Section 1.  Section 2801-a of the education law, as added  by  chapter
181 of the laws of 2000, subdivision 1 as amended  by chapter 380 of the
laws of 2001, is amended to read as follows:
  S  2801-a. School safety plans. 1. The board of education or trustees,
as defined in section two of this  chapter,  of  every  school  district
within the state, however created, and every board of cooperative educa-
tional  services and county vocational education and extension board and
the chancellor of the city school district of the city of New York shall
adopt and amend a comprehensive district-wide  school  safety  plan  and
building-level [school safety] EMERGENCY RESPONSE plans regarding crisis
intervention,  emergency  response  and management, provided that in the
city school district of the city  of  New  York,  such  plans  shall  be
adopted  by the chancellor of the city school district. Such plans shall
be developed by a district-wide school safety team and a  building-level
school  safety  team  established  pursuant  to subdivision four of this
section and shall be in a form developed by the commissioner in  consul-
tation  with  the division of criminal justice services, the superinten-
dent of the state police and any other appropriate  state  agencies.  [A
school  district having only one school building, shall develop a single
building-level school safety plan, which shall also fulfill all require-
ments for development of a district-wide plan.]
  2. Such comprehensive district-wide safety plan shall be developed  by
the district-wide school safety team and shall include at a minimum:
  a. policies and procedures for responding to implied or direct threats
of  violence  by  students,  teachers, other school personnel as well as
visitors to the school;
  b. policies and procedures for  responding  to  acts  of  violence  by
students,  teachers,  other  school personnel as well as visitors to the
school, including consideration of zero-tolerance  policies  for  school
violence;
  c. appropriate prevention and intervention strategies such as:
  (i)  collaborative  arrangements  with state and local law enforcement
officials, designed to ensure that  school  safety  officers  and  other

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security  personnel  are  adequately trained, including being trained to
de-escalate potentially violent  situations,  and  are  effectively  and
fairly recruited;
  (ii) non-violent conflict resolution training programs;
  (iii) peer mediation programs and youth courts; and
  (iv) extended day and other school safety programs;
  d.  policies and procedures for contacting appropriate law enforcement
officials in the event of a violent incident;
  e. policies  and  procedures  for  contacting  parents,  guardians  or
persons  in  parental  relation  to  the students of the district in the
event of a violent incident;
  f. policies and  procedures  relating  to  school  building  security,
including  where  appropriate  the  use of school safety officers and/or
security devices or procedures;
  g. policies and procedures for the dissemination of informative  mate-
rials  regarding  the  early detection of potentially violent behaviors,
including but not limited to the identification of family, community and
environmental factors, to teachers,  administrators,  school  personnel,
persons  in  parental relation to students of the district, students and
other persons deemed appropriate to receive such information;
  h. policies and procedures for annual school safety training for staff
and students; PROVIDED THAT THE DISTRICT MUST CERTIFY TO THE COMMISSION-
ER THAT ALL STAFF  HAVE  UNDERGONE  ANNUAL  TRAINING  ON  THE  EMERGENCY
RESPONSE  PLAN  BY SEPTEMBER FIFTEENTH OF EACH SCHOOL YEAR OR WITHIN TEN
DAYS OF HIRE, AND THAT THE SCHOOL SAFETY TRAINING INCLUDE COMPONENTS  ON
VIOLENCE PREVENTION AND MENTAL HEALTH;
  i.  protocols  for responding to bomb threats, hostage-takings, intru-
sions and kidnappings;
  j. strategies for improving communication among students  and  between
students  and staff and reporting of potentially violent incidents, such
as the establishment of youth-run  programs,  peer  mediation,  conflict
resolution,  creating  a  forum  or  designating  a  mentor for students
concerned with bullying or violence and establishing anonymous reporting
mechanisms for school violence; [and]
  k. a description of the duties of hall monitors and any  other  school
safety  personnel,  the  training  required of all personnel acting in a
school security capacity, and the hiring and screening process  for  all
personnel acting in a school security capacity; AND
  1.   THE DESIGNATION OF THE SUPERINTENDENT, OR SUPERINTENDENT'S DESIG-
NEE, AS THE DISTRICT CHIEF EMERGENCY OFFICER RESPONSIBLE FOR  COORDINAT-
ING  COMMUNICATION  BETWEEN  SCHOOL  STAFF AND LAW ENFORCEMENT AND FIRST
RESPONDERS, AND ENSURING STAFF UNDERSTANDING OF THE DISTRICT-LEVEL SAFE-
TY PLAN. THE CHIEF EMERGENCY  OFFICER  SHALL  ALSO  BE  RESPONSIBLE  FOR
ENSURING  THE COMPLETION AND YEARLY UPDATING OF BUILDING-LEVEL EMERGENCY
RESPONSE PLANS.
  3. A school emergency response plan, developed by  the  building-level
school safety team defined in subdivision four of this section, shall BE
KEPT  CONFIDENTIAL,  INCLUDING BUT NOT LIMITED TO THE FLOOR PLANS, BLUE-
PRINTS, SCHEMATICS OR OTHER MAPS OF THE SCHOOL INTERIOR, SCHOOL  GROUNDS
AND  ROAD  MAPS  OF  THE  IMMEDIATE  SURROUNDING  AREA, AND SHALL NOT BE
DISCLOSED EXCEPT TO AUTHORIZED  DEPARTMENT  OR  SCHOOL  STAFF,  AND  LAW
ENFORCEMENT OFFICERS, AND SHALL include the following elements:
  a.  policies  and  procedures  for  [the  safe evacuation of students,
teachers, other school personnel as well as visitors to  the  school  in
the  event of a serious violent incident or other emergency, which shall
include evacuation routes and shelter sites and procedures for  address-

S. 6406--A                         38                         A. 9006--A

ing  medical needs, transportation and emergency notification to persons
in parental relation to a student. For  purposes  of  this  subdivision,
"serious violent incident" means an incident of violent criminal conduct
that  is, or appears to be, life threatening and warrants the evacuation
of students and/or staff, as defined in regulations of the  commissioner
developed in conjunction with the division of criminal justice services]
RESPONSE  TO  EMERGENCY  SITUATIONS, SUCH AS THOSE REQUIRING EVACUATION,
SHELTERING, AND LOCK-DOWN. THESE POLICIES SHALL INCLUDE, AT  A  MINIMUM,
EVACUATION  ROUTES, SHELTER SITES, AND PROCEDURES FOR ADDRESSING MEDICAL
NEEDS, TRANSPORTATION AND EMERGENCY NOTIFICATION OF PARENTS AND  GUARDI-
ANS;
  b.  designation  of  an  emergency  response  team comprised of school
personnel, [local] law enforcement officials, FIRE OFFICIALS and  repre-
sentatives from local regional and/or state emergency response agencies,
other  appropriate incident response teams, and a post-incident response
team that includes  appropriate  school  personnel,  medical  personnel,
mental  health counselors and others who can assist the school community
in coping with the aftermath of a violent incident;
  c. [procedures for assuring that crisis response and  law  enforcement
officials  have  access to] floor plans, blueprints, schematics or other
maps of the school interior, school grounds and road maps of the immedi-
ate surrounding area;
  d. establishment of internal and  external  communication  systems  in
emergencies;
  e.  definition of the chain of command in a manner consistent with the
national interagency incident management system/incident command system;
  f. coordination of the school safety plan with the state-wide plan for
disaster mental health services to assure that the school has access  to
federal,  state  and  local  mental  health  resources in the event of a
violent incident;
  g. procedures for review and the conduct of drills and other exercises
to test components of the emergency response plan; and
  h. policies and procedures for securing and restricting access to  the
crime  scene in order to preserve evidence in cases of violent crimes on
school property.
  4. Each district-wide school safety team shall  be  appointed  by  the
board  of  education,  or  the chancellor in the case of the city school
district of the city of New York, and shall include but not  be  limited
to  representatives of the school board, [student,] teacher, administra-
tor, and parent organizations, school safety personnel, and other school
personnel. Each building-level school safety team shall be appointed  by
the  building  principal,  in  accordance with regulations or guidelines
prescribed by the board of  education,  chancellor  or  other  governing
body.  Such  building-level  teams  shall  include but not be limited to
representatives of teacher,  administrator,  and  parent  organizations,
school  safety  personnel and other school personnel, community members,
[local] law enforcement officials, [local ambulance] FIRE  OFFICIALS  or
other  emergency  response  agencies,  and any other representatives the
board of education, chancellor or other governing body  deems  appropri-
ate.
  5. [Each safety plan shall be reviewed by the appropriate school safe-
ty  team  on  at  least  an  annual  basis,  and  updated as needed] THE
DISTRICT-WIDE SAFETY PLAN AND BUILDING-LEVEL  EMERGENCY  RESPONSE  PLANS
SHALL  BE  REVIEWED  BY THE APPROPRIATE TEAM ON AT LEAST AN ANNUAL BASIS
AND UPDATED AS NEEDED.

S. 6406--A                         39                         A. 9006--A

  6. Each board of education, chancellor or other governing  body  shall
make  each  district-wide [and building-level school] safety plan avail-
able for public comment at least thirty days  prior  to  its  adoption[,
provided  that  only a summary of each building-level emergency response
plan  shall  be  made  available for public comment]. Such district-wide
[and building-level] plans may be adopted by the school board only after
at least one public hearing  that  provides  for  the  participation  of
school  personnel,  parents,  students and any other interested parties.
Each district shall file a copy  of  its  district-wide  [comprehensive]
safety  plan with the commissioner and all amendments to such plan shall
be filed with the commissioner no later than  thirty  days  after  their
adoption.
  [A]  7. EACH BOARD OF EDUCATION, CHANCELLOR OR OTHER GOVERNING BODY OR
OFFICER SHALL ENSURE A copy of each  building-level  [safety]  EMERGENCY
RESPONSE plan and any amendments thereto, shall be filed with the appro-
priate  local  law  enforcement  agency and with the state police within
thirty days of its adoption.   Building-level emergency  response  plans
shall be confidential and shall not be subject to disclosure under arti-
cle six of the public officers law or any other provision of law. If the
board  of  education,  chancellor  or other governing body or chancellor
fails to file such plan as required by this  section,  the  commissioner
may,  in an amount determined by the commissioner, withhold public money
from the district until the district is in compliance.
  [7. The commissioner may grant a waiver of the  requirements  of  this
section  to  any  school  district  or  board of cooperative educational
services for a period of up to two years from the date of enactment upon
a finding by the commissioner that such district had adopted  a  compre-
hensive  school  safety plan on the effective date of this section which
is in substantial compliance with the requirements of this section.]
  8. The commissioner shall annually report  to  the  governor  and  the
legislature  on the implementation and compliance with the provisions of
this section.
  9. Whenever it shall have been demonstrated to the satisfaction of the
commissioner that a school district  has  failed  to  adopt  a  code  of
conduct  which  fully satisfies the requirements of section twenty-eight
hundred one of this article, or a  [school  safety  plan]  DISTRICT-WIDE
SAFETY  PLAN  OR BUILDING-LEVEL EMERGENCY RESPONSE PLANS which satisfies
the requirements of this section, or to faithfully and completely imple-
ment [either or both] ALL THREE, the commissioner may,  on  thirty  days
notice  to the district, withhold from the district monies to be paid to
such district for the current school year pursuant to section thirty-six
hundred nine-a of this chapter,  exclusive  of  monies  to  be  paid  in
respect of obligations to the retirement systems for school and district
staff  and  pursuant to collective bargaining agreements, or the commis-
sioner may direct the district to expend up  to  such  amount  upon  the
development  and  implementation  of  a  code  of  conduct  and a school
district safety plan as required by such sections. Prior to  such  with-
holding  or  redirection, the commissioner shall provide the district an
opportunity to  present  evidence  of  extenuating  circumstances;  when
combined  with  evidence  that the district shall promptly comply within
short time frames that shall be established by the commissioner as  part
of  an  agreement between the district and the commissioner, the commis-
sioner may temporarily stay the  withholding  or  redirection  of  funds
pending  implementation  of such agreement. If the district promptly and
fully complies with the agreement and is in full  compliance  with  this
section  and  section  twenty-eight  hundred  one  of  this article, the

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commissioner shall abate the withholding in its entirety. Any failure to
meet the obligations of the compliance agreement by the district  within
the time frames established shall be considered a willful violation of a
commissioner's  order  by the members of the district board for purposes
of subdivision one of section three hundred six of  the  education  law.
Notwithstanding  any  other law, rule or regulation, such transfer shall
take effect upon filing of a notice thereof with  the  director  of  the
budget  and the chairs of the senate finance and assembly ways and means
committees.
  S 2. The section heading and subdivisions 1 and 1-a of section 807  of
the  education law, the section heading as amended by chapter 765 of the
laws of 1964, subdivision 1 as amended by chapter 143  of  the  laws  of
1985  and subdivision 1-a as added by chapter 9 of the laws of 1991, are
amended to read as follows:
  Fire AND EMERGENCY drills.  1. It shall be the duty of  the  principal
or  other  person  in charge of every public or private school or educa-
tional institution within the state, other than  colleges  or  universi-
ties,  to instruct and train the pupils by means of drills, so that they
may in a sudden emergency be able to [leave the school building] RESPOND
APPROPRIATELY in the shortest possible time  and  without  confusion  or
panic.  Such  drills [or rapid dismissals] shall be held at least twelve
times in each school year, eight of which required drills shall be  held
between  September  first and December [first] THIRTY-FIRST of each such
year. [At least one-third of all such required drills shall  be  through
use of the fire escapes on buildings where fire escapes are provided. In
the course of at least one such drill, pupils shall be instructed in the
procedure  to  be  followed in the event that a fire occurs during lunch
period, provided however, that such additional instruction may be waived
where a drill is held during the regular school lunch period.  At  least
four] EIGHT OF ALL SUCH DRILLS SHALL BE EVACUATION DRILLS, FOUR OF WHICH
SHALL BE THROUGH USE OF THE FIRE ESCAPES ON BUILDINGS WHERE FIRE ESCAPES
ARE PROVIDED OR THROUGH THE USE OF IDENTIFIED SECONDARY MEANS OF EGRESS.
FOUR  OF  ALL  SUCH  REQUIRED  DRILLS SHALL BE LOCK-DOWN DRILLS.  DRILLS
SHALL BE CONDUCTED AT DIFFERENT TIMES OF THE SCHOOL DAY  WITH  AT  LEAST
ONE  OF  THE  EIGHT  REQUIRED  EVACUATION DRILLS OCCURRING DURING A MASS
GATHERING EVENT SUCH AS LUNCH  OR  ASSEMBLIES.  FOUR  additional  drills
shall  be  held  in  each  school year during the hours after sunset and
before sunrise in school buildings in which students are  provided  with
sleeping  accommodations.   At least two additional drills shall be held
during summer school in buildings where summer school is conducted,  and
one of such drills shall be held during the first week of summer school.
  1-a.  In  the  case  of  after-school programs, events or performances
which are conducted within a school building and which  include  persons
who do not regularly attend classes in such school building, the princi-
pal  or other person in charge of the building shall require the teacher
or person in charge of such after-school program, event  or  performance
to  notify  persons in attendance at the beginning of each such program,
event or performance, of the procedures to be followed in the  event  of
an emergency so that they may be able to [leave the building] RESPOND in
a timely, orderly manner.
  S 3. Subdivision 7 of section 3604 of the education law, as amended by
section  31  of  part B of chapter 57 of the laws of 2007, is amended to
read as follows:
  7. No district shall be entitled to any portion of such school  moneys
on  such  apportionment  unless  the  report of the trustees or board of
education for the preceding school  year  shall  show  that  the  public

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schools  were actually in session in the district and taught by a quali-
fied teacher or by successive qualified teachers or by qualified  teach-
ers  for  not less than one hundred eighty days. The moneys payable to a
school  district  pursuant  to section thirty-six hundred nine-a of this
chapter in the current year shall be reduced by one  one-hundred  eight-
ieth  of  the district's total foundation aid for each day less than one
hundred eighty days that the schools of the district  were  actually  in
session,  except  that the commissioner may disregard such reduction, up
to five days, in the apportionment of public money, if he finds that the
schools of the district were not in session for one hundred eighty  days
because  of  extraordinarily  adverse  weather conditions, impairment of
heating facilities, insufficiency of water  supply,  shortage  of  fuel,
lack  of electricity, natural gas leakage, unacceptable levels of chemi-
cal substances, A CREDIBLE THREAT TO STUDENT SAFETY AS REASONABLY DETER-
MINED BY A LEAD SCHOOL OFFICIAL or the destruction of a school  building
either in whole or in part, and if, further, the commissioner finds that
such  district  cannot make up such days of instruction by using for the
secondary grades all scheduled vacation days which occur  prior  to  the
first  scheduled regents examination day in June, and for the elementary
grades all scheduled vacation days which occur prior to the last  sched-
uled  regents examination day in June. For the purposes of this subdivi-
sion, "scheduled vacation days" shall mean days on which the schools  of
the  district  are not in session and for which no prohibition exists in
subdivision eight of this section for them to be in session.
  S 4. This act shall take effect July 1, 2016.

                                 PART C

  Section 1. Subparagraphs a and b of paragraph 2 of  subdivision  A  of
section  6221  of the education law, as added by chapter 305 of the laws
of 1979, is amended to read as follows:
  a. Notwithstanding any other provision of law, the city  of  New  York
shall  appropriate  in  its expense budget and pay to the account of the
senior colleges of the city university of  New  York  as  operating  aid
amounts in accordance with the following schedule:
  (i)  For  the  twelve-month  period  commencing  July  first, nineteen
hundred seventy-nine, an amount  equal  to  the  lesser  of  fifty-eight
million,  three  hundred  ninety-three thousand dollars ($58,393,000) or
twenty-five per centum of the net  operating  expenses  of  such  senior
college  programs  and  services, as certified by the comptroller of the
state of New York to be properly chargeable to such twelve-month period;
  (ii) For the  twelve-month  period  commencing  July  first,  nineteen
hundred eighty, an amount equal to eighty per centum of the amount spec-
ified in (i) of subparagraph a of this paragraph.
  (iii)  For  the  twelve-month  period  commencing July first, nineteen
hundred eighty-one, an amount equal to forty per centum  of  the  amount
specified in (i) of subparagraph a of this paragraph.
  [b.]  (IV)  For the [twelve-month] period commencing July first, nine-
teen hundred eighty-two and  [thereafter]  ENDING  JUNE  THIRTIETH,  TWO
THOUSAND SIXTEEN, the city of New York shall not be required to make any
appropriation  in  support of the net operating expenses of the programs
and services of the senior colleges of the city university.
  (V) FOR THE TWELVE-MONTH PERIOD COMMENCING JULY  FIRST,  TWO  THOUSAND
SIXTEEN  AND FOR EACH TWELVE MONTH PERIOD THEREAFTER, AN AMOUNT EQUAL TO
THIRTY PER CENTUM OF THE NET OPERATING EXPENSES OF THE APPROVED PROGRAMS
AND SERVICES OF THE SENIOR COLLEGES, PLUS AN ADDITIONAL AMOUNT EQUAL  TO

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THIRTY PER CENTUM OF THE CITY UNIVERSITY SENIOR COLLEGE DEBT SERVICE AND
CAPITAL  CONSTRUCTION ADMINISTRATIVE EXPENSE FOR THE TWELVE-MONTH PERIOD
FIRST BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN AND FOR EACH  TWELVE-
MONTH PERIOD THEREAFTER AS CERTIFIED BY THE DIRECTOR OF THE BUDGET TO BE
PROPERLY CHARGEABLE TO SUCH TWELVE-MONTH PERIOD.
  S 2. Subparagraph c of paragraph 2 of subdivision A of section 6221 of
the education law is relettered subparagraph b.
  S 3. Subparagraph d of paragraph 2 of subdivision A of section 6221 of
the education law is relettered subparagraph c.
  S 4. Subparagraph e of paragraph 2 of subdivision A of section 6221 of
the  education  law, as added by chapter 815 of the laws of 1980 and the
opening paragraph and item (iii) as amended by chapter 87 of the laws of
2002, is amended to read as follows:
  [e.] D. In addition to the amounts specified in subparagraph a of this
paragraph [and notwithstanding the provisions of subparagraph b of  this
paragraph], the city of New York shall appropriate in its expense budget
and  pay to the account of the senior colleges of the city university of
New York as the city's share of operating aid for the college of  Staten
Island  and  New  York  city college of technology amounts in accordance
with the following schedule:
  (i) For the  twelve  month  period  commencing  July  first,  nineteen
hundred  eighty,  an  amount  that shall equal four million, one hundred
thousand dollars ($4,100,000).
  (ii) For the twelve  month  period  commencing  July  first,  nineteen
hundred  eighty-one, an amount equal to one-half of the amount specified
in clause (i) of this subparagraph.
  (iii) For the [twelve month] period commencing  July  first,  nineteen
hundred eighty-two, and [thereafter] ENDING JUNE THIRTIETH, TWO THOUSAND
SIXTEEN the city of New York shall not be required to make any appropri-
ation  for  operating  aid for the college of Staten Island and New York
city college of technology.
  S 5. Paragraph 4 of subdivision A of section  6221  of  the  education
law,  as  added by chapter 305 of the law of 1979, is amended to read as
follows:
  4. [Commencing] NOTWITHSTANDING THE PROVISION  OF  ANY  LAW,  RULE  OR
REGULATION  TO THE CONTRARY, (A) COMMENCING with the twelve-month period
beginning July  first,  nineteen  hundred  eighty-two  and  [thereafter]
ENDING  JUNE  THIRTIETH, TWO THOUSAND SIXTEEN, the state shall reimburse
to the city of New York one hundred per  centum  of  the  net  operating
expenses   of   the   approved  programs  and  services  of  the  senior
colleges[.]; AND
  (B) COMMENCING WITH THE TWELVE-MONTH PERIOD BEGINNING JULY FIRST,  TWO
THOUSAND  SIXTEEN AND FOR EACH TWELVE-MONTH PERIOD THEREAFTER, THE STATE
SHALL REIMBURSE TO THE CITY OF NEW YORK SEVENTY PER CENTUM  OF  THE  NET
OPERATING  EXPENSES  OF THE APPROVED PROGRAMS AND SERVICES OF THE SENIOR
COLLEGES LESS AN ADDITIONAL AMOUNT EQUAL TO THIRTY  PER  CENTUM  OF  THE
CITY  UNIVERSITY  SENIOR  COLLEGE  DEBT SERVICE AND CAPITAL CONSTRUCTION
ADMINISTRATIVE EXPENSE FOR THE TWELVE-MONTH PERIOD FIRST BEGINNING APRIL
FIRST, TWO THOUSAND FOURTEEN AND FOR EACH TWELVE MONTH PERIOD THEREAFTER
AS CERTIFIED BY THE DIRECTOR OF THE BUDGET TO BE PROPERLY CHARGEABLE  TO
SUCH TWELVE-MONTH PERIOD.
  S  6.  Subdivision D of section 6221 of the education law, as added by
chapter 815 of the laws of 1980 and as relettered by chapter 585 of  the
laws of 1988, is amended to read as follows:
  D.  College  of  Staten Island. Notwithstanding the designation of the
college of Staten Island as a senior college:

S. 6406--A                         43                         A. 9006--A

  (i) the city of New York shall annually  appropriate  in  its  expense
budget  and  pay to the city university of New York, as operating aid in
support of the programs and services of the college of Staten Island, an
amount for each full-time equivalent student  in  the  associate  degree
program  of  the  college  equal  to  the amount the city of New York is
appropriating and paying for each full-time equivalent  student  in  the
community colleges;
  (ii)  and  the state of New York shall annually appropriate and pay to
the city university of New York an amount equal to [the  net  operating]
ITS  SHARE  OF  expenses of the college of Staten Island less the amount
payable by the city of New York pursuant to this [subdivision]  SECTION.
Such  state of New York payment shall be made in four installments on or
before April twenty-fifth, June twenty-fifth, October  twenty-fifth  and
January  twenty-fifth.  The  amount  to  be paid by the city of New York
pursuant to this subdivision shall be determined by the  state  director
of  the  budget,  based  upon information submitted by the mayor in such
form and content and at such time as may be [requred]  REQUIRED  by  the
state director of the budget.
  S  7.  Subdivision E of section 6221 of the education law, as added by
chapter 170 of the laws of 1994, paragraph (i) as amended by  section  2
and  paragraph  (ii) as renumbered by section 3 of part HH of chapter 57
of the laws of 2009, is amended to read as follows:
  E. Medgar Evers college. Notwithstanding  the  designation  of  Medgar
Evers college as a senior college:
  (i)  in  addition  to the amounts specified in subparagraph e of para-
graph two of subdivision A of this section, the city of New  York  shall
annually appropriate in its expense budget and pay to the city universi-
ty of New York as operating aid in support of the programs and services,
an  amount for each full-time equivalent student in the associate degree
program of the college equal to the amount  the  city  of  New  York  is
appropriating  and  paying  for each full-time equivalent student in the
community colleges; and
  (ii) the state of New York shall annually appropriate and pay  to  the
city  of New York on behalf of the city university of New York an amount
equal to [the net operating] ITS  SHARE  OF  expenses  of  Medgar  Evers
college less the amount payable by the city of New York pursuant to this
[subdivision]  SECTION.  Such state of New York payment shall be made in
four installments on or before April  twenty-fifth,  June  twenty-fifth,
October twenty-fifth and February twenty-fifth. The amount to be paid by
the city of New York pursuant to this subdivision shall be determined by
the  state  director  of the budget, based upon information submitted by
the mayor in such form and content and at such time as may  be  required
by the state director of the budget.
  S 8. This act shall take effect immediately.

                                 PART D

  Section  1.  Subparagraph 4 of paragraph h of subdivision 2 of section
355 of the education law, as amended by chapter 260 of the laws of 2011,
the opening paragraph as amended by chapter 437 of the laws of 2015  and
clause  (ii) as amended by section 1 of part P of chapter 57 of the laws
of 2012, is amended to read as follows:
  (4) The trustees shall not impose a differential tuition charge  based
upon  need  or  income.  Except  as  hereinafter  provided, all students
enrolled in programs leading to like degrees  at  state-operated  insti-
tutions  of  the  state  university  shall  be charged a uniform rate of

S. 6406--A                         44                         A. 9006--A

tuition except for differential tuition rates based on state  residency.
Provided, however, that the trustees may authorize the presidents of the
colleges of technology and the colleges of agriculture and technology to
set  differing  rates  of  tuition for each of the colleges for students
enrolled in degree-granting programs leading to an associate degree  and
non-degree  granting  programs  so  long  as  such tuition rate does not
exceed the tuition rate charged to students who  are  enrolled  in  like
degree  programs  or degree-granting undergraduate programs leading to a
baccalaureate degree at other state-operated institutions of  the  state
university  of  New  York.  Notwithstanding  any other provision of this
subparagraph, the trustees may authorize the setting of a separate cate-
gory of tuition rate, that shall be greater than the  tuition  rate  for
resident  students  and  less  than  the  tuition  rate for non-resident
students, only for students enrolled in distance  learning  courses  who
are  not  residents of the state. Except as otherwise authorized in this
subparagraph, the trustees shall not  adopt  changes  affecting  tuition
charges  prior  to  the enactment of the annual budget, provided however
that:
  (i) Commencing with  the  two  thousand  eleven--two  thousand  twelve
academic  year  and  ending  in  the  two thousand fifteen--two thousand
sixteen academic year the state university of New York board of trustees
shall be empowered  to  increase  the  resident  undergraduate  rate  of
tuition  by not more than three hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in  the  prior
academic  year, provided however that if the annual resident undergradu-
ate rate of tuition would exceed five thousand dollars, then  a  tuition
credit  for  each  eligible student, as determined and calculated by the
New York state higher education services corporation pursuant to section
six hundred eighty-nine-a of this title, shall  be  applied  toward  the
tuition charged for each semester, quarter or term of study. Tuition for
each semester, quarter or term of study shall not be due for any student
eligible  to  receive  such  tuition  credit until the tuition credit is
calculated and applied against the tuition charged for the corresponding
semester, quarter or term.
  (II) COMMENCING WITH THE TWO THOUSAND SIXTEEN--TWO THOUSAND  SEVENTEEN
ACADEMIC  YEAR AND ENDING IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
TY-ONE ACADEMIC YEAR THE STATE UNIVERSITY OF NEW YORK BOARD OF  TRUSTEES
SHALL  BE  EMPOWERED  TO  INCREASE  THE  RESIDENT  UNDERGRADUATE RATE OF
TUITION BY NOT MORE THAN THREE HUNDRED DOLLARS OVER THE RESIDENT  UNDER-
GRADUATE  RATE  OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE PRIOR
ACADEMIC YEAR, PROVIDED, HOWEVER THAT IF THE ANNUAL RESIDENT UNDERGRADU-
ATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN  A  TUITION
CREDIT  FOR  EACH  ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED BY THE
NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO SECTION
SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL  BE  APPLIED  TOWARD  THE
TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION FOR
EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT
ELIGIBLE  TO  RECEIVE  SUCH  TUITION  CREDIT UNTIL THE TUITION CREDIT IS
CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING
SEMESTER, QUARTER OR TERM.  PROVIDED, FURTHER:
  (1) THE BOARD OF TRUSTEES SHALL ONLY INCREASE THE RATE OF TUITION UPON
DETERMINATION THAT (A) ADMINISTRATIVE COST SAVINGS ARE BEING IMPLEMENTED
TO MITIGATE THE NEED FOR A TUITION INCREASE, PROVIDED THAT SUCH  SAVINGS
SHALL  NOT  INCLUDE A STAFFING REDUCTION; AND (B) THE INCREASE IS JUSTI-
FIED BASED UPON INFLATIONARY INDICES.

S. 6406--A                         45                         A. 9006--A

  (2) THE REVENUE RESULTING FROM AN INCREASE  IN  THE  RATE  OF  TUITION
SHALL  BE  ALLOCATED  TO  EACH CAMPUS PURSUANT TO A PLAN APPROVED BY THE
BOARD OF TRUSTEES TO SUPPORT INVESTMENTS IN FACULTY, INSTRUCTION  AND  A
TUITION CREDIT FOR EACH ELIGIBLE STUDENT.
  [(ii)]  (III)  On  or before November thirtieth, two thousand [eleven]
SIXTEEN, the trustees shall approve and submit  to  the  chairs  of  the
assembly  ways  and means committee and the senate finance committee and
to the director of the budget a master tuition plan  setting  forth  the
tuition  rates  that  the  trustees  propose  for resident undergraduate
students for the five year  period  commencing  with  the  two  thousand
[eleven]  SIXTEEN--two  thousand  [twelve]  SEVENTEEN  academic year and
ending in the two thousand [fifteen-two  thousand  sixteen]  TWENTY--TWO
THOUSAND  TWENTY-ONE academic year, and shall submit any proposed amend-
ments to such plan by November thirtieth of each subsequent year  there-
after  through  November  thirtieth,  two thousand [fifteen] TWENTY, and
provided further, that with the approval of the board of trustees,  each
university  center may increase non-resident undergraduate tuition rates
each year by not more than ten percent over the  tuition  rates  of  the
prior  academic  year  for  a [five] TEN year period commencing with the
semester following the semester in which the governor and the chancellor
of the state university of New York approve the  NY-SUNY  2020  proposal
for such university center.
  [(iii)]  (IV)  The state shall appropriate annually and make available
general fund operating support, including fringe benefits, for the state
university in an amount not less than the amount appropriated  and  made
available  to  the  state  university  in state fiscal year two thousand
eleven--two thousand twelve. Beginning in state fiscal year two thousand
twelve-two thousand thirteen and thereafter, the state shall appropriate
and make available general  fund  operating  support,  including  fringe
benefits, for the state university in an amount not less than the amount
appropriated  and  made  available  in  the  prior  state  fiscal  year;
provided, however, that if the governor declares a fiscal emergency, and
communicates such emergency to the temporary president of the senate and
speaker of the assembly, state support for  operating  expenses  at  the
state  university and city university may be reduced in a manner propor-
tionate to one another, and  the  aforementioned  provisions  shall  not
apply.
  [(iv)]  (V) For the state university fiscal years commencing two thou-
sand eleven--two thousand twelve and ending two  thousand  [fifteen--two
thousand  sixteen]  TWENTY--TWO  THOUSAND  TWENTY-ONE,  each  university
center may set aside a portion of  its  tuition  revenues  derived  from
tuition  increases to provide increased financial aid for New York state
resident undergraduate students whose net taxable income is eighty thou-
sand dollars or more subject to the approval of a NY-SUNY 2020  proposal
by  the governor and the chancellor of the state university of New York.
Nothing in this paragraph  shall  be  construed  as  to  authorize  that
students whose net taxable income is eighty thousand dollars or more are
eligible  for  tuition assistance program awards pursuant to section six
hundred sixty-seven of this chapter.
  S 2. Paragraph (a) of subdivision 7 of section 6206 of  the  education
law, as amended by chapter 260 of the laws of 2011 and the opening para-
graph  as amended by chapter 437 of the laws of 2015, is amended to read
as follows:
  (a) The board of  trustees  shall  establish  positions,  departments,
divisions  and  faculties; appoint and in accordance with the provisions
of law fix salaries of  instructional  and  non-instructional  employees

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therein;  establish  and conduct courses and curricula; prescribe condi-
tions of student admission, attendance and discharge; and shall have the
power to determine in its discretion whether tuition  shall  be  charged
and  to  regulate  tuition  charges, and other instructional and non-in-
structional fees and other fees and charges at the educational units  of
the  city  university.  The trustees shall review any proposed community
college tuition increase and the justification for  such  increase.  The
justification  provided by the community college for such increase shall
include a detailed analysis of ongoing operating  costs,  capital,  debt
service  expenditures, and all revenues. The trustees shall not impose a
differential tuition charge based upon  need  or  income.  All  students
enrolled  in  programs  leading  to  like degrees at the senior colleges
shall be charged a uniform rate  of  tuition,  except  for  differential
tuition  rates  based  on  state  residency.  Notwithstanding  any other
provision of this paragraph, the trustees may authorize the setting of a
separate category of tuition  rate,  that  shall  be  greater  than  the
tuition  rate  for  resident students and less than the tuition rate for
non-resident students, only for students enrolled in  distance  learning
courses who are not residents of the state; provided, however, that:
  (i)  Commencing  with  the  two  thousand  eleven--two thousand twelve
academic year and ending  in  the  two  thousand  fifteen--two  thousand
sixteen academic year, the city university of New York board of trustees
shall  be  empowered  to  increase  the  resident  undergraduate rate of
tuition by not more than three hundred dollars over the resident  under-
graduate  rate  of tuition adopted by the board of trustees in the prior
academic year, provided however that if the annual resident  undergradu-
ate  rate  of tuition would exceed five thousand dollars, then a tuition
credit for each eligible student, as determined and  calculated  by  the
New York state higher education services corporation pursuant to section
six  hundred  eighty-nine-a of this chapter, shall be applied toward the
tuition charged for each semester, quarter or term of  study.    Tuition
for  each  semester,  quarter  or term of study shall not be due for any
student eligible to receive such tuition credit until the tuition credit
is calculated and applied against the tuition  charged  for  the  corre-
sponding semester, quarter or term.
  (II)  COMMENCING WITH THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN
ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY--TWO THOUSAND  TWEN-
TY-ONE  ACADEMIC  YEAR THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES
SHALL BE EMPOWERED  TO  INCREASE  THE  RESIDENT  UNDERGRADUATE  RATE  OF
TUITION  BY NOT MORE THAN THREE HUNDRED DOLLARS OVER THE RESIDENT UNDER-
GRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN  THE  PRIOR
ACADEMIC  YEAR, PROVIDED HOWEVER THAT IF THE ANNUAL RESIDENT UNDERGRADU-
ATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN  A  TUITION
CREDIT  FOR  EACH  ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED BY THE
NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO SECTION
SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL  BE  APPLIED  TOWARD  THE
TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION FOR
EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT
ELIGIBLE  TO  RECEIVE  SUCH  TUITION CREDIT UNTIL THE TUITION CREDIT  IS
CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING
SEMESTER, QUARTER OR TERM. PROVIDED, FURTHER:
  (1) THE BOARD OF TRUSTEES SHALL ONLY INCREASE THE RATE OF TUITION UPON
DETERMINATION THAT (A) ADMINISTRATIVE COST SAVINGS ARE BEING IMPLEMENTED
TO MITIGATE THE NEED FOR A TUITION INCREASE, PROVIDED THAT SUCH  SAVINGS
SHALL  NOT  INCLUDE A STAFFING REDUCTION; AND (B) THE INCREASE IS JUSTI-
FIED BASED UPON INFLATIONARY INDICES.

S. 6406--A                         47                         A. 9006--A

  (2) THE REVENUE RESULTING FROM AN INCREASE  IN  THE  RATE  OF  TUITION
SHALL  BE  ALLOCATED  TO  EACH CAMPUS PURSUANT TO A PLAN APPROVED BY THE
BOARD OF TRUSTEES TO SUPPORT INVESTMENTS IN FACULTY, INSTRUCTION  AND  A
TUITION CREDIT FOR EACH ELIGIBLE STUDENT.
  [(ii)]  (III)  On  or before November thirtieth, two thousand [eleven]
SIXTEEN, the trustees shall approve and submit  to  the  chairs  of  the
assembly  ways  and means committee and the senate finance committee and
to the director of the budget a master tuition plan  setting  forth  the
tuition  rates  that  the  trustees  propose  for resident undergraduate
students for the five year  period  commencing  with  the  two  thousand
[eleven]  SIXTEEN--two  thousand  [twelve]  SEVENTEEN  academic year and
ending in the two thousand [fifteen--two thousand  sixteen]  TWENTY--TWO
THOUSAND  TWENTY-ONE academic year, and shall submit any proposed amend-
ments to such plan by November thirtieth of each subsequent year  there-
after through November thirtieth, two thousand [fifteen] TWENTY.
  [(iii)]  (IV)  The state shall appropriate annually and make available
state support for operating expenses, including fringe benefits, for the
city university in an amount not less than the amount  appropriated  and
made  available to the city university in state fiscal year two thousand
eleven--two thousand twelve. Beginning in state fiscal year two thousand
twelve--two thousand thirteen and [thereafter] ENDING  IN  STATE  FISCAL
YEAR  TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, the state shall appro-
priate and make available state support for operating expenses,  includ-
ing  fringe benefits, for the city university in an amount not less than
the amount appropriated and made available in  the  prior  state  fiscal
year; provided, however, that if the governor declares a fiscal emergen-
cy,  and  communicates  such emergency to the temporary president of the
senate and speaker of the assembly, state support for operating expenses
of the state university and city university may be reduced in  a  manner
proportionate  to  one  another, and the aforementioned provisions shall
not apply.
  (V) BEGINNING IN ACADEMIC FISCAL YEAR TWO THOUSAND SIXTEEN--TWO  THOU-
SAND  SEVENTEEN  AND  THEREAFTER,  THE  STATE AND CITY OF NEW YORK SHALL
APPROPRIATE ANNUALLY AND MAKE  AVAILABLE  ITS  REPRESENTATIVE  SHARE  OF
SUPPORT  FOR EXPENSES PURSUANT TO SECTION SIX THOUSAND TWO HUNDRED TWEN-
TY-ONE OF THIS TITLE, INCLUDING FRINGE BENEFITS, FOR THE CITY UNIVERSITY
IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED  AND  MADE  AVAILABLE
FOR  EXPENSES IN THE PRIOR ACADEMIC FISCAL YEAR; PROVIDED, HOWEVER, THAT
IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMER-
GENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEM-
BLY, STATE SUPPORT FOR OPERATING EXPENSES OF THE  STATE  UNIVERSITY  AND
CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER,
AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY.
  S  3.  Subdivision 5 of section 359 of  the education law, as added by
chapter 260 of the laws of 2011, is amended to read as follows:
  5. The state university trustees shall conduct a study  regarding  the
effectiveness and functionality of the New York state tuition assistance
program,  which  shall  consider a variety of factors including, but not
limited to, the costs associated with pursuing a degree in undergraduate
study, current tuition assistance program thresholds and  award  levels,
current  eligibility  criteria to qualify for an award under the tuition
assistance program, and any other information the trustees determine  to
be relevant. The study shall also include recommendations to improve the
tuition assistance program to better meet the future financial aid needs
of  students who reside in New York state and to ensure continued access
and affordability of the state university of New York. The  study  shall

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be submitted to the governor, the temporary president of the senate, the
speaker of the assembly, the director of the division of the budget, the
senate  finance committee, the assembly ways and means committee and the
higher  education  committees  of  the  legislature on or before October
first, two thousand thirteen. In addition, the  state  university  shall
annually  examine  and  report on each state-operated campus' efforts to
promote fiscal stability for the duration of the [five] TEN year tuition
plan by implementing cost saving measures  [and  increasing  fundraising
efforts].  Further, the trustees shall [periodically review their patent
policies  to  ensure  competitiveness, and shall] annually report on how
the revenue generated [by this paragraph  has  helped  retain  and  grow
full-time  faculty  and  increase  program  availability. The University
Centers shall also report annually to the state university  trustees  on
how  research  revenue  yields quantifiable results for each of the four
campuses and state university of New York at Buffalo and state universi-
ty of New York at Stony Brook shall additionally  report  on  what  each
campus  is  doing  to  maintain  their  AAU status] HAS BEEN INVESTED IN
FACULTY, INSTRUCTION AND STUDENT FINANCIAL ASSISTANCE.
  S 4. Subdivision 17 of section 6206 of the education law, as added  by
chapter 260 of the laws of 2011, is amended to read as follows:
  17.  The  city university trustees shall conduct a study regarding the
effectiveness and functionality of the New York state tuition assistance
program, which shall consider a variety of factors  including,  but  not
limited to, the costs associated with pursuing a degree in undergraduate
study,  current  tuition assistance program thresholds and award levels,
current eligibility criteria to qualify for an award under  the  tuition
assistance  program  and any other information the trustees determine to
be relevant. The study shall also include recommendations to improve the
tuition assistance program to better meet the future financial aid needs
of students who reside in New York state and to ensure continued  access
and affordability of the city university of New York. The study shall be
submitted  to  the  governor, the temporary president of the senate, the
speaker of the assembly, the director of the  division  of  budget,  the
senate  finance committee, the assembly ways and means committee and the
higher education committees of the  legislature  on  or  before  October
first,  two  thousand  thirteen.  In addition, the city university shall
annually examine and report  on  each  [state-operated  campus']  SENIOR
COLLEGE'S  efforts  to  promote fiscal stability for the duration of the
[five] TEN year tuition plan by implementing cost saving  measures  [and
increasing  fundraising  efforts].  FURTHER, THE TRUSTEES SHALL ANNUALLY
REPORT ON HOW THE  REVENUE  GENERATED  HAS  BEEN  INVESTED  IN  FACULTY,
INSTRUCTION AND STUDENT FINANCIAL ASSISTANCE.
  S 5. Section 16 of chapter 260 of the laws of 2011 amending the educa-
tion law and the New York state urban development corporation act relat-
ing  to  establishing  components  of  the  NY-SUNY 2020 challenge grant
program, as amended by section 65-a of part HH of chapter 57 of the laws
of 2013, is amended to read as follows:
  S 16. This act shall take effect July 1, 2011; provided that  sections
one,  two,  three,  four,  five,  six, eight, nine, ten, eleven, twelve,
thirteen, fourteen and fifteen of this act shall  expire  [5]  10  years
after such effective date when upon such date the provisions of this act
shall be deemed repealed.
  S  6. This act shall take effect immediately; provided that the amend-
ments to subparagraph 4 of paragraph h of subdivision 2 of  section  355
of  the education law made by section one of this act, the amendments to
paragraph (a) of subdivision 7 of section 6206 of the education law made

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by section two of this act, the amendments to subdivision 5  of  section
359  of  the  education  law  made by section three of this act, and the
amendments to subdivision 17 of section 6206 of the education  law  made
by  section  four  of  this  act  shall  not  affect  the repeal of such
provisions and shall be deemed  repealed  therewith;  provided  further,
that  if  chapter 437 of the laws of 2015 shall not have taken effect by
such effective date, then sections one and two of this  act  shall  take
effect  on  the  same  day and in the same manner as sections 1 and 3 of
chapter 437 of the laws of 2015, take effect.

                                 PART E

  Section 1. The state finance law is amended by adding  a  new  section
99-y to read as follows:
  S  99-Y. SUNY STONY BROOK AFFILIATION ESCROW FUND. 1.  NOTWITHSTANDING
ANY OTHER PROVISION OF LAW, RULE, REGULATION, OR PRACTICE TO THE CONTRA-
RY, THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE  COMPTROLLER
AND  THE  CHANCELLOR  OF THE STATE UNIVERSITY OF NEW YORK (SUNY) A TRUST
AND AGENCY FUND, TO BE KNOWN AS THE "SUNY STONY BROOK AFFILIATION ESCROW
FUND" WHICH SHALL BE AVAILABLE WITHOUT FISCAL YEAR LIMITATION.
  2. THE SUNY STONY BROOK AFFILIATION ESCROW FUND SHALL CONSIST  OF  (I)
ALL  MONIES GENERATED THROUGH THE ACTIVITIES OF STONY BROOK AT SOUTHAMP-
TON HOSPITAL, INCLUDING BUT NOT  LIMITED  TO  PATIENT  REVENUE,  FEDERAL
REIMBURSEMENT,  AND  OTHER  ASSOCIATED  REVENUE  SOURCES,  AND (II) RENT
PAYMENTS MADE BY STONY BROOK  UNIVERSITY  HOSPITAL  TO  THE  SOUTHAMPTON
HOSPITAL  ASSOCIATION  UNDER  A  CERTAIN LEASE AGREEMENT APPROVED BY THE
DIRECTOR OF THE BUDGET, THE OFFICE OF THE NEW YORK STATE ATTORNEY GENER-
AL AND THE OFFICE OF THE NEW YORK STATE COMPTROLLER.
  3. MONIES OF THE SUNY STONY BROOK AFFILIATION  ESCROW  FUND  SHALL  BE
EXPENDED ONLY FOR THE PURPOSES OF STONY BROOK HOSPITAL AT SOUTHAMPTON.
  S 2. This act shall take effect immediately.

                                 PART F

  Section  1.  This act shall be known and may be cited as the "New York
state DREAM Act".
  S 2. Subdivision 3 of section 661 of the education law is REPEALED.
  S 3. Paragraph a of subdivision 5 of section 661 of the education law,
as amended by chapter 466 of the laws of 1977, is  amended  to  read  as
follows:
  a.  (I)  Except  as provided in subdivision two of section six hundred
seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF  THIS  PARAGRAPH,  an
applicant  for  an award at the undergraduate level of study must either
[(i)] (A) have been a legal resident of the state for at least one  year
immediately  preceding the beginning of the semester, quarter or term of
attendance for which application for assistance is made, or  [(ii)]  (B)
be  a  legal resident of the state and have been a legal resident during
his OR HER last two semesters of high school either prior to graduation,
or prior to admission to college. Provided further that persons shall be
eligible to receive awards under  section  six  hundred  sixty-eight  or
section  six  hundred  sixty-nine  OF  THIS PART who are currently legal
residents of the state and are otherwise qualified.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE

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ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE  AUTHORITY
PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK
STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER
EDUCATION  FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND
ATTENDED WITHIN FIVE YEARS OF RECEIVING A NEW  YORK  STATE  HIGH  SCHOOL
DIPLOMA; OR
  (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED
ON THAT GENERAL EQUIVALENCY DIPLOMA, AND  ATTENDED  THE  INSTITUTION  OF
HIGHER  EDUCATION  FOR  THE  UNDERGRADUATE  STUDY  FOR WHICH AN AWARD IS
SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA; OR
  (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 4. Paragraph b of subdivision 5 of section 661 of the education law,
as  amended  by  chapter  466 of the laws of 1977, is amended to read as
follows:
  b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF  THIS
PARAGRAPH, AN applicant for an award at the graduate level of study must
either  [(i)]  (A)  have been a legal resident of the state for at least
one year immediately preceding the beginning of the semester, quarter or
term of attendance for which application  for  assistance  is  made,  or
[(ii)]  (B) be a legal resident of the state and have been a legal resi-
dent during his OR HER last academic year  of  undergraduate  study  and
have  continued to be a legal resident until matriculation in the gradu-
ate program.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE
ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE  AUTHORITY
PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK
STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER

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EDUCATION  FOR  THE  GRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT, AND
ATTENDED WITHIN TEN YEARS OF RECEIVING A  NEW  YORK  STATE  HIGH  SCHOOL
DIPLOMA; OR
  (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED  THE  INSTITU-
TION  OF  HIGHER  EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS
SOUGHT WITHIN TEN YEARS OF RECEIVING A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA; OR
  (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 5. Paragraph d of subdivision 5 of section 661 of the education law,
as  amended  by  chapter  844 of the laws of 1975, is amended to read as
follows:
  d. If an applicant for an award allocated on a  geographic  basis  has
more  than  one  residence  in  this state, his OR HER residence for the
purpose of this article shall be his OR HER place  of  actual  residence
during  the major part of the year while attending school, as determined
by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT  TO
SUBPARAGRAPH  (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF
THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE
INSTITUTION OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR  PURPOSES
OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
  S 6. Paragraph e of subdivision 5 of section 661 of the education law,
as  added  by  chapter  630  of  the laws of 2005, is amended to read as
follows:
  e. Notwithstanding any other provision of this article to the  contra-
ry,  the  New  York state [residency] eligibility [requirement] REQUIRE-
MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
SUBDIVISION ARE waived for a member, or the spouse  or  dependent  of  a
member,  of  the  armed  forces of the United States on full-time active
duty and stationed in this state.
  S 7. Clauses (i) and (ii) of subparagraph 8 of paragraph h of subdivi-
sion 2 of section 355 of the education law, as added by chapter  327  of
the laws of 2002, are amended to read as follows:
  (i)  attended  an approved New York high school for two or more years,
graduated from an approved New York high school, LIVED  CONTINUOUSLY  IN
NEW  YORK  STATE  WHILE  ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
applied for attendance [at] AND ATTENDED an institution  or  educational
unit  of  the state university within five years of receiving a New York
state high school diploma; or
  (ii) attended an approved New York state program  for  general  equiv-
alency  diploma exam preparation, received a general equivalency diploma

S. 6406--A                         52                         A. 9006--A

issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING AN APPROVED NEW YORK STATE  PROGRAM  FOR  GENERAL  EQUIVALENCY
DIPLOMA  EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at],
EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
an  institution  or educational unit of the state university within five
years of receiving a general equivalency diploma issued within New  York
state; or
  S 8. Subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of
section 6206 of the education law, as amended by chapter 260 of the laws
of 2011, are amended to read as follows:
  (i)  attended  an approved New York high school for two or more years,
graduated from an approved New York high school, LIVED  CONTINUOUSLY  IN
NEW  YORK  STATE  WHILE  ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
applied for attendance [at] AND ATTENDED an institution  or  educational
unit  of  the  city university within five years of receiving a New York
state high school diploma; or
  (ii) attended an approved New York state program  for  general  equiv-
alency  diploma exam preparation, received a general equivalency diploma
issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING AN APPROVED NEW YORK STATE  PROGRAM  FOR  GENERAL  EQUIVALENCY
DIPLOMA  EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at],
EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
an institution or educational unit of the city  university  within  five
years  of receiving a general equivalency diploma issued within New York
state; or
  S 8-a. Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by chapter 327 of the laws of 2002,  the  opening  para-
graph  as  amended  by  section 4 of chapter 437 of the laws of 2015, is
amended to read as follows:
  (a) The board of  trustees  shall  establish  positions,  departments,
divisions  and  faculties; appoint and in accordance with the provisions
of law fix salaries of  instructional  and  non-instructional  employees
therein;  establish  and conduct courses and curricula; prescribe condi-
tions of student admission, attendance and discharge; and shall have the
power to determine in its discretion whether tuition  shall  be  charged
and  to  regulate  tuition  charges, and other instructional and non-in-
structional fees and other fees and charges at the educational units  of
the  city  university.  The trustees shall review any proposed community
college tuition increase and the justification for  such  increase.  The
justification  provided by the community college for such increase shall
include a detailed analysis of ongoing operating  costs,  capital,  debt
service  expenditures, and all revenues. The trustees shall not impose a
differential tuition charge based upon  need  or  income.  All  students
enrolled  in  programs  leading  to  like degrees at the senior colleges
shall be charged a uniform rate  of  tuition,  except  for  differential
tuition  rates  based  on  state  residency.  Notwithstanding  any other
provision of this paragraph, the trustees may authorize the setting of a
separate category of tuition  rate,  that  shall  be  greater  than  the
tuition  rate  for  resident students and less than the tuition rate for
non-resident students, only for students enrolled in  distance  learning
courses  who  are not residents of the state. The trustees shall further
provide that the payment of tuition and fees by any student who is not a
resident of New York state, other than a non-immigrant alien within  the
meaning  of  paragraph (15) of subsection (a) of section 1101 of title 8
of the United States Code, shall be paid at a rate or charge no  greater

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than  that  imposed  for students who are residents of the state if such
student:
  (i)  attended  an approved New York high school for two or more years,
graduated from an approved New York high school, LIVED  CONTINUOUSLY  IN
NEW  YORK  STATE  WHILE  ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
applied for attendance [at] AND ATTENDED an institution  or  educational
unit  of  the  city university within five years of receiving a New York
state high school diploma; or
  (ii) attended an approved New York state program  for  general  equiv-
alency  diploma exam preparation, received a general equivalency diploma
issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING AN APPROVED NEW YORK STATE  PROGRAM  FOR  GENERAL  EQUIVALENCY
DIPLOMA  EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at],
EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
an institution or educational unit of the city  university  within  five
years  of receiving a general equivalency diploma issued within New York
state; or
  (iii) was enrolled in an institution or educational unit of  the  city
university  in the fall semester or quarter of the two thousand one--two
thousand two academic year and was authorized  by  such  institution  or
educational  unit  to  pay  tuition  at  the  rate or charge imposed for
students who are residents of the state.
  A student without lawful immigration status shall also be required  to
file an affidavit with such institution or educational unit stating that
the  student has filed an application to legalize his or her immigration
status, or will file such an application as soon as he or she is  eligi-
ble  to  do  so. The trustees shall not adopt changes in tuition charges
prior to the enactment of the annual budget. The board of  trustees  may
accept  as  partial  reimbursement  for the education of veterans of the
armed forces of the United States who are otherwise qualified such  sums
as  may  be authorized by federal legislation to be paid for such educa-
tion. The board of trustees may conduct on a fee basis extension courses
and courses for adult education  appropriate  to  the  field  of  higher
education.  In  all  courses  and  courses  of  study  it  may,  in  its
discretion, require students to pay library, laboratory, locker,  break-
age and other instructional and non-instructional fees and meet the cost
of  books and consumable supplies. In addition to the foregoing fees and
charges, the board of trustees may impose and collect fees  and  charges
for  student  government  and  other  student activities and receive and
expend them as agent or trustee.
  S 9. Subdivision 5 of section 6301 of the education law, as amended by
chapter 327 of the laws of 2002, is amended to read as follows:
  5. "Resident." A person who has resided in the state for a  period  of
at  least  one  year  and in the county, city, town, intermediate school
district, school district or community college region, as the  case  may
be,  for a period of at least six months, both immediately preceding the
date of such person's registration in a community college  or,  for  the
purposes of section sixty-three hundred five of this article, his or her
application for a certificate of residence; provided, however, that this
term  shall include any student who is not a resident of New York state,
other than a non-immigrant alien within the meaning of paragraph (15) of
subsection (a) of section 1101 of title 8 of the United States Code,  if
such student:
  (i)  attended  an approved New York high school for two or more years,
graduated from an approved New York high school, LIVED  CONTINUOUSLY  IN
NEW  YORK  STATE  WHILE  ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and

S. 6406--A                         54                         A. 9006--A

applied for attendance [at an institution or  educational  unit  of  the
state  university] AND ATTENDED A COMMUNITY COLLEGE within five years of
receiving a New York state high school diploma; or
  (ii)  attended  an  approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency  diploma
issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING  AN  APPROVED  NEW  YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at an
institution or educational unit of the state university], EARNED  ADMIS-
SION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED A COMMUNITY
COLLEGE  within  five  years  of receiving a general equivalency diploma
issued within New York state; or
  (iii) was enrolled in [an institution or educational unit of the state
university] A COMMUNITY COLLEGE in the fall semester or quarter  of  the
two  thousand  one--two thousand two academic year and was authorized by
such [institution or educational unit] COMMUNITY COLLEGE to pay  tuition
at  the  rate  or  charge  imposed for students who are residents of the
state.
  Provided, further, that a student without  lawful  immigration  status
shall  also  be  required to file an affidavit with such [institution or
educational unit] COMMUNITY COLLEGE stating that the student  has  filed
an  application  to legalize his or her immigration status, or will file
such an application as soon as he or she is eligible to do so.
  In the event that a person qualified as above for state residence, but
has been a resident of two or more counties in the state during the  six
months immediately preceding his OR HER application for a certificate of
residence  pursuant to section sixty-three hundred five of this chapter,
the charges to the counties of residence shall be  allocated  among  the
several counties proportional to the number of months, or major fraction
thereof, of residence in each county.
  S  10.  Paragraph  d of subdivision 3 of section 6451 of the education
law, as amended by chapter 149 of the laws of 1972, is amended  to  read
as follows:
  d.  Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such enrolled  students,
INCLUDING  STUDENTS  WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE
STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)  OF  PARA-
GRAPH  A  OR  SUBPARAGRAPH  (II)  OF  PARAGRAPH B OF SUBDIVISION FIVE OF
SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE;  provided,
however,  that such supplemental financial assistance shall be furnished
pursuant to criteria promulgated by the commissioner with  the  approval
of the director of the budget.
  S 11. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
of  the  education  law, as added by chapter 917 of the laws of 1970, is
amended to read as follows:
  (v) Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such students, INCLUDING
STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS  PROVIDED  THAT  THE  STUDENT
MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR
SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE  OF  SECTION  SIX
HUNDRED  SIXTY-ONE  OF  THIS  CHAPTER, AS APPLICABLE; provided, however,
that such supplemental financial assistance shall be furnished  pursuant
to criteria promulgated by such universities and approved by the regents
and the director of the budget.

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  S  12. Paragraph (a) of subdivision 2 of section 6455 of the education
law, as added by chapter 285 of the laws of 1986, is amended to read  as
follows:
  (a)  (I) Undergraduate science and technology entry program moneys may
be used for tutoring, counseling, remedial and special  summer  courses,
supplemental  financial  assistance,  program  administration, and other
activities which the commissioner may deem appropriate. To  be  eligible
for  undergraduate  collegiate  science  and  technology  entry  program
support, a student must be a resident of New York [who is], OR MEET  THE
REQUIREMENTS  OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
economically disadvantaged or from a minority group  historically  under
represented  in  the  scientific,  technical,  health and health-related
professions, and [who demonstrates] MUST DEMONSTRATE interest in  and  a
potential for a professional career if provided special services. Eligi-
ble students must be in good academic standing, enrolled full time in an
approved,  undergraduate  level  program  of  study,  as  defined by the
regents.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE
ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE  AUTHORITY
PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK
STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER
EDUCATION  FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND
ATTENDED WITHIN FIVE YEARS OF RECEIVING A NEW  YORK  STATE  HIGH  SCHOOL
DIPLOMA; OR
  (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED
ON THAT GENERAL EQUIVALENCY DIPLOMA, AND  ATTENDED  THE  INSTITUTION  OF
HIGHER  EDUCATION  FOR  THE  UNDERGRADUATE  STUDY  FOR WHICH AN AWARD IS
SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA; OR
  (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S  13. Paragraph (a) of subdivision 3 of section 6455 of the education
law, as added by chapter 285 of the laws of 1986, is amended to read  as
follows:

S. 6406--A                         56                         A. 9006--A

  (a)  (I)  Graduate  science and technology entry program moneys may be
used for recruitment, academic enrichment, career planning, supplemental
financial assistance, review for licensing examinations, program  admin-
istration,  and  other activities which the commissioner may deem appro-
priate.  To  be  eligible for graduate collegiate science and technology
entry program support, a student must be a resident  of  New  York  [who
is],  OR  MEET  THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
AND MUST BE either economically disadvantaged or from a  minority  group
historically  underrepresented  in the scientific, technical and health-
related professions. Eligible students must be in good  academic  stand-
ing,  enrolled  full  time  in  an  approved  graduate level program, as
defined by the regents.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE
ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE  AUTHORITY
PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK
STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER
EDUCATION  FOR  THE  GRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT, AND
ATTENDED WITHIN TEN YEARS OF RECEIVING A  NEW  YORK  STATE  HIGH  SCHOOL
DIPLOMA; OR
  (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED  THE  INSTITU-
TION  OF  HIGHER  EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS
SOUGHT WITHIN TEN YEARS OF RECEIVING A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA; OR
  (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGE AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H  OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S  14.  Subparagraph  (i)  of  paragraph a of subdivision 2 of section
695-e of the education law, as amended by chapter 593  of  the  laws  of
2003, is amended to read as follows:
  (i)  the name, address and social security number [or], employer iden-
tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
account  owner  UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR
TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN
THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA-

S. 6406--A                         57                         A. 9006--A

TION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION  NUMBER  SHALL  BE
ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
  S  15.  Subparagraph  (iii) of paragraph a of subdivision 2 of section
695-e of the education law, as amended by chapter 593  of  the  laws  of
2003, is amended to read as follows:
  (iii)  the  name,  address, and social security number, EMPLOYER IDEN-
TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
designated  beneficiary,  UNLESS  A  FAMILY  TUITION ACCOUNT THAT WAS IN
EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
THOUSAND  SIXTEEN  THAT  AMENDED  THIS SUBPARAGRAPH DOES NOT ALLOW FOR A
TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION
NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
  S 16. The president of the higher education services corporation shall
establish  an application form and procedures that shall allow a student
applicant that meets the requirements set forth in subparagraph (ii)  of
paragraph  a  or  subparagraph  (ii)  of paragraph b of subdivision 5 of
section 661 of the education law to apply directly to the higher  educa-
tion services corporation for applicable awards without having to submit
information  to  any  other  state  or  federal  agency. All information
contained with the applications filed with  such  corporation  shall  be
deemed  confidential,  except  that the corporation shall be entitled to
release information to participating institutions as necessary  for  the
administration  of  financial  aid  programs  and to the extent required
pursuant to article six of the public officers law or otherwise required
by law.
  S 17. The higher  education  services  corporation  is  authorized  to
promulgate  rules  and  regulations,  and may promulgate emergency regu-
lations, necessary for the implementation of the provisions of this act.
  S 18. This act shall take effect on the ninetieth day after the  issu-
ance  of  regulations  and the development of an application form by the
president of the higher education services corporation or on the nineti-
eth day after it shall have become a  law,  whichever  shall  be  later;
provided, however, that:
  a.  the amendments to subparagraphs (i) and (ii) of paragraph (a-1) of
subdivision 7 of section 6206 of the education law made by section eight
of this act shall not affect the expiration of such paragraph and  shall
be  deemed  to  expire  therewith; when upon such date the provisions of
section eight-a of this act shall take effect; and
  b. the president of the higher education  services  corporation  shall
notify  the  legislative bill drafting commission upon the occurrence of
the issuance of regulations and the development of an  application  form
provided  for  in this section in order that the commission may maintain
an accurate and timely effective data base of the official text  of  the
laws  of  the  state  of  New  York  in  furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of  the
public officers law.

                                 PART G

  Section 1. Subdivision (a) of section 50 of chapter 161 of the laws of
2005  amending the education law relating to the New York state licensed
social worker loan forgiveness program, as amended by section 1 of  part
M of chapter 58 of the laws of 2011, is amended to read as follows:
  (a)  section  two of this act shall expire and be deemed repealed June
30, [2016] 2021; and provided, further that the amendment to paragraph b
of subdivision 1 of section 679-c and the amendment to  paragraph  2  of

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subdivision  a  of  section  679-d of the education law made by sections
three and four of this act shall not affect the repeal of such  sections
and shall be deemed repealed therewith;
  S  2.  Section  3 of part V of chapter 57 of the laws of 2005 amending
the education law relating to the New York state  nursing  faculty  loan
forgiveness  incentive  program  and  the New York state nursing faculty
scholarship program, as amended by section 1 of part L of chapter 58  of
the laws of 2011, is amended to read as follows:
  S  3.  This  act  shall  take  effect on the same date and in the same
manner as Part H of this chapter; provided that section two of this  act
shall  take  effect on the same date and in the same manner as Part I of
this chapter; and provided further that this act  shall  expire  and  be
deemed repealed on June 30, [2016] 2021.
  S  3. Section 17 of chapter 31 of the laws of 1985 amending the educa-
tion law relating to regents scholarships  in  certain  professions,  as
amended  by  section  1  of part K of chapter 58 of the laws of 2011, is
amended to read as follows:
  S 17. This act shall take effect immediately; provided, however,  that
the  scholarship  and  loan forgiveness programs established pursuant to
the provisions of this act shall terminate upon  the  granting  of  such
awards for the 2008-2009 school year provided, however, that the regents
physician  loan  forgiveness  program  established  pursuant to this act
shall not terminate until the granting of such awards for the  [2015-16]
2020-21  school year, provided that the final disbursement of any multi-
year awards granted in such school year shall be paid.
  S 4. Paragraph a of subdivision 5 of section 679-c  of  the  education
law,  as  amended  by  section 1 of part E3 of chapter 57 of the laws of
2007, is amended to read as follows:
  a. The corporation shall convert to a student loan the full amount  of
the  award given pursuant to this section, plus interest, according to a
schedule to be determined by the corporation if: (1) three  years  after
the  completion  of the degree program it is found that an applicant did
not begin to provide nursing faculty or clinical nurse faculty services;
(2) if such applicant does not provide nursing faculty or clinical nurs-
ing faculty services for four years within seven years of the completion
of the master's degree program in nursing or doctoral degree; or (3) the
student fails to receive a master's degree in nursing or doctoral degree
that will qualify them as nursing faculty or  adjunct  clinical  faculty
within the three years of receiving the award.  THE TERMS AND CONDITIONS
OF  THIS  SUBDIVISION SHALL BE DEFERRED FOR ANY INTERRUPTION IN GRADUATE
OR DOCTORAL STUDY OR EMPLOYMENT AS ESTABLISHED BY THE  RULES  AND  REGU-
LATIONS   OF  THE  CORPORATION.  ANY  OBLIGATION  TO  COMPLY  WITH  SUCH
PROVISIONS AS OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH
OF THE RECIPIENT.  NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO
THE CONTRARY, THE CORPORATION IS  AUTHORIZED  TO  PROMULGATE  RULES  AND
REGULATIONS  TO  PROVIDE  FOR  THE WAIVER OR SUSPENSION OF ANY FINANCIAL
OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  S 5. Subdivision 5 of section 669-d of the education law,  as  amended
by  section  1 of part H1 of section 109 of the laws of 2006, is amended
to read as follows:
  5. The corporation shall convert to a student loan the full amount  of
the  award given pursuant to this section, plus interest, according to a
schedule to be determined by the corporation if: (a) two years after the
completion of the degree program and receipt of initial certification it
is found that a recipient is not  teaching  in  the  field  of  math  or
science  in  a  school located within New York state providing secondary

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education recognized by the board of regents or the  university  of  the
state  of  New  York;  or (b) a recipient has not taught in the field of
math or science in a school located  within  New  York  state  providing
secondary education recognized by the board of regents or the university
of  the  state  of  New  York  for  five  of  the  seven years after the
completion of the degree program and receipt of  initial  certification;
or  (c)  a  recipient  fails to complete their degree program or changes
majors to an undergraduate degree program other than in science or math;
or (d) a recipient fails to receive or maintain their  teaching  certif-
icate  or license in New York state; or (e) a recipient fails to respond
to requests by the corporation for the status of his or her academic  or
professional  progress.    THE  TERMS AND CONDITIONS OF THIS SUBDIVISION
SHALL BE DEFERRED FOR ANY  INTERRUPTION  IN  UNDERGRADUATE  OR  GRADUATE
STUDY  OR  EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGULATIONS OF THE
CORPORATION. ANY OBLIGATION TO COMPLY WITH SUCH PROVISIONS  AS  OUTLINED
IN  THIS  SECTION  SHALL  BE  CANCELLED UPON THE DEATH OF THE RECIPIENT.
NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY,  THE
CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE
FOR  THE  WAIVER  OR  SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD
INVOLVE EXTREME HARDSHIP.
  S 6. This act shall take effect immediately; provided that the  amend-
ments  to paragraph a of subdivision 5 of section 679-c of the education
law made by section four of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.

                                 PART H

  Section 1. Section 7408 of the education law is amended  by  adding  a
new subdivision 6 to read as follows:
  6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FIRM ESTABLISHED TO
LAWFULLY  ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY PURSUANT TO ARTI-
CLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLES ONE AND EIGHT-B OF
THE PARTNERSHIP LAW, OR ARTICLES TWELVE  AND  THIRTEEN  OF  THE  LIMITED
LIABILITY COMPANY LAW SHALL BE DEEMED AUTHORIZED TO REGISTER PURSUANT TO
THIS SECTION.
  S 2. Section 1503 of the business corporation law is amended by adding
a new paragraph (h) to read as follows:
  (H)  ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION FORMED  TO  LAWFULLY  ENGAGE  IN  THE
PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
UNDER  ARTICLE  ONE  HUNDRED  FORTY-NINE  OF  THE EDUCATION LAW SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY  OF  THE  OWNERSHIP  OF  THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN-
SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID-
UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT
ALL  SHAREHOLDERS  OF A PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL
PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE  PRACTICE
OF  PUBLIC  ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER
SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION  LAW  OR  ARE  PUBLIC
ACCOUNTANTS  LICENSED  UNDER  SECTION  SEVENTY-FOUR  HUNDRED FIVE OF THE
EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE  FIRM
AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR
PUBLIC ACCOUNTANCY.  NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, A
FIRM INCORPORATED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF
THE  FIRM'S  NAME  INCLUDES  THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR
"CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS  "CPA"  OR  "CPAS".

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EACH  NON-LICENSEE  OWNER  OF  A  FIRM  THAT  IS INCORPORATED UNDER THIS
SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES  IN  THE
BUSINESS  OF  THE  FIRM  OR  ITS  AFFILIATED ENTITIES, OR (2) AN ENTITY,
INCLUDING,  BUT  NOT  LIMITED  TO,  A PARTNERSHIP OR PROFESSIONAL CORPO-
RATION, PROVIDED EACH BENEFICIAL OWNER OF AN  EQUITY  INTEREST  IN  SUCH
ENTITY  IS  A  NATURAL  PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS
CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES  OF  THIS
SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS
OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE DAY-TO-DAY BUSINESS OR
MANAGEMENT OF THE FIRM. SUCH A FIRM SHALL HAVE ATTACHED TO  ITS  CERTIF-
ICATE  OF  INCORPORATION A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE
FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN LIEU  OF  THE  CERTIFICATE  OR
CERTIFICATES  REQUIRED  BY  SUBPARAGRAPH  (II)  OF PARAGRAPH (B) OF THIS
SECTION.
  S 3. Section 1507 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
  (C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING  AS
A  PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE MAY ISSUE  SHARES  TO  INDIVIDUALS
WHO  ARE  AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A PROFESSION WHICH
SUCH CORPORATION IS AUTHORIZED TO PRACTICE AND  WHO  ARE  OR  HAVE  BEEN
ENGAGED  IN  THE  PRACTICE  OF  SUCH PROFESSION IN SUCH CORPORATION OR A
PREDECESSOR ENTITY, OR WHO WILL ENGAGE IN THE PRACTICE OF  SUCH  PROFES-
SION  IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE
ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES  OF  THE  CORPORATION  NOT
LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT:
  (I)  AT  LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF
THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
  (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED  PUBLIC
ACCOUNTANTS,
  (III)  AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED PUBLIC
ACCOUNTANTS,
  (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND  THE
CHIEF  EXECUTIVE  OFFICER  OR OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS.
NO SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF  INCOR-
PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
OF  SECTION  FIFTEEN  HUNDRED  THREE  OF THIS ARTICLE SHALL ENTER INTO A
VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING  IN
ANOTHER  PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME CORPORATION,
THE AUTHORITY TO EXERCISE VOTING POWER OF ANY  OR  ALL  OF  HIS  OR  HER
SHARES.  ALL  SHARES  ISSUED,  AGREEMENTS  MADE  OR  PROXIES  GRANTED IN
VIOLATION OF THIS SECTION SHALL BE VOID.
  S 4. Section 1508 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
  (C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR  THE  BUSI-
NESS  PURPOSE  OF  INCORPORATING  AS  A PROFESSIONAL SERVICE CORPORATION
PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI-
CLE MAY INCLUDE INDIVIDUALS WHO ARE  NOT  LICENSED  TO  PRACTICE  PUBLIC
ACCOUNTANCY,  PROVIDED  HOWEVER  THAT  AT LEAST FIFTY-ONE PERCENT OF THE
DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT,
THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE  OFFI-
CER  OR  OFFICERS  ARE  AUTHORIZED  BY  LAW  TO PRACTICE IN THIS STATE A
PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED  TO  PRACTICE,  AND  ARE
EITHER  SHAREHOLDERS  OF  SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF
THEIR PROFESSIONS IN SUCH CORPORATION.

S. 6406--A                         61                         A. 9006--A

  S 5. Section 1509 of the business corporation law, as amended by chap-
ter 550 of the laws of 2011, is amended to read as follows:
S 1509. Disqualification   of   shareholders,  directors,  officers  and
          employees.
  If any shareholder, director, officer or employee  of  a  professional
service  corporation,  including  a  design  professional service corpo-
ration, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF  INCORPORAT-
ING  AS  A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF
SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, who  has  been  rendering
professional service to the public becomes legally disqualified to prac-
tice  his  profession  within  this state, he shall sever all employment
with, and financial interests (other than interests as a  creditor)  in,
such  corporation  forthwith or as otherwise provided in section 1510 of
this article. All provisions of law regulating the rendering of  profes-
sional  services  by  a  person  elected or appointed to a public office
shall be applicable to a shareholder, director, officer and employee  of
such  corporation  in the same manner and to the same extent as if fully
set forth herein. Such legal disqualification to practice his profession
within this state shall be deemed to constitute an irrevocable offer  by
the  disqualified  shareholder  to  sell  his shares to the corporation,
pursuant to the provisions of section 1510 of this  article  or  of  the
certificate of incorporation, by-laws or agreement among the corporation
and all shareholders, whichever is applicable. Compliance with the terms
of  such  offer  shall be specifically enforceable in the courts of this
state. A professional service corporation's failure to  enforce  compli-
ance with this provision shall constitute a ground for forfeiture of its
certificate of incorporation and its dissolution.
  S 6. Paragraph (a) of section 1511 of the business corporation law, as
amended by chapter 550 of the laws of 2011, is amended and new paragraph
(c) is added to read as follows:
  (a) No shareholder of a professional service corporation [or], INCLUD-
ING  a  design professional service corporation, OR ANY FIRM ESTABLISHED
FOR THE BUSINESS PURPOSE OF  INCORPORATING  AS  A  PROFESSIONAL  SERVICE
CORPORATION  PURSUANT  TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE
OF THIS ARTICLE, may sell or transfer his  shares  in  such  corporation
except  to  another  individual who is eligible to have shares issued to
him by such corporation or except in trust  to  another  individual  who
would  be  eligible  to receive shares if he were employed by the corpo-
ration. Nothing herein contained shall  be  construed  to  prohibit  the
transfer of shares by operation of law or by court decree.  No transfer-
ee of shares by operation of law or court decree may vote the shares for
any  purpose  whatsoever  except  with respect to corporate action under
sections 909 and 1001 of this chapter. The restriction in the  preceding
sentence shall not apply, however, where such transferee would be eligi-
ble  to  have  shares issued to him if he were an employee of the corpo-
ration and, if there are other shareholders, a majority  of  such  other
shareholders shall fail to redeem the shares so transferred, pursuant to
section  1510  of  this  article, within sixty days of receiving written
notice of such transfer. Any sale or transfer, except  by  operation  of
law  or  court decree or except for a corporation having only one share-
holder, may be made only after the same shall have been approved by  the
board  of  directors, or at a shareholders' meeting specially called for
such purpose by such proportion,  not  less  than  a  majority,  of  the
outstanding  shares  as  may  be provided in the certificate of incorpo-
ration or in the by-laws of such professional  service  corporation.  At
such  shareholders' meeting the shares held by the shareholder proposing

S. 6406--A                         62                         A. 9006--A

to sell or transfer his shares may not  be  voted  or  counted  for  any
purpose,  unless  all  shareholders consent that such shares be voted or
counted. The certificate of incorporation or the by-laws of the  profes-
sional  service corporation, or the professional service corporation and
the shareholders by private agreement, may provide, in  lieu  of  or  in
addition  to  the foregoing provisions, for the alienation of shares and
may require the redemption or purchase of such  shares  by  such  corpo-
ration  at  prices  and  in a manner specifically set forth therein. The
existence of the restrictions on the sale  or  transfer  of  shares,  as
contained  in  this  article  and,  if applicable, in the certificate of
incorporation, by-laws, stock purchase or  stock  redemption  agreement,
shall  be  noted  conspicuously on the face or back of every certificate
for shares issued by a professional service  corporation.  Any  sale  or
transfer in violation of such restrictions shall be void.
  (C)  A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH  (H)  OF  SECTION
FIFTEEN  HUNDRED  THREE  OF  THIS  ARTICLE, SHALL PURCHASE OR REDEEM THE
SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS  OR
HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION.
A  FIRM  ESTABLISHED  FOR  THE  BUSINESS  PURPOSE  OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH  (H)  OF  SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE
OR  REDEEM  THE  SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE-
HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER  SUCH  TERMINATION,  ARE
SOLD  OR  TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO
THIS ARTICLE.
  S 7. Paragraph (a) of section 1512 of the business corporation law, as
amended by chapter 550 of the laws  of  2011,  is  amended  to  read  as
follows:
  (a) Notwithstanding  any other provision of law, the name of a profes-
sional service corporation,  including  a  design  professional  service
corporation  AND ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may contain  any  word
which,  at  the  time  of  incorporation, could be used in the name of a
partnership practicing a profession which the corporation is  authorized
to  practice,  and  may  not contain any word which could not be used by
such a partnership.   Provided, however,  the  name  of  a  professional
service corporation may not contain the name of a deceased person unless
  (1) such  person's  name was part of the corporate name at the time of
such person's death; or
  (2) such person's name was part of the name of an existing partnership
and at least two-thirds of such partnership's partners become sharehold-
ers of the corporation.
  S 8. Section 1514 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
  (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF  SECTION
FIFTEEN  HUNDRED  THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE
YEARS ON OR BEFORE THE  DATE  PRESCRIBED  BY  THE  LICENSING  AUTHORITY,
FURNISH  A  STATEMENT  TO  THE LICENSING AUTHORITY LISTING THE NAMES AND
RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND  OFFICER  OF  SUCH
CORPORATION  AND  CERTIFY  AS THE DATE OF CERTIFICATION AND AT ALL TIMES
OVER THE ENTIRE THREE YEAR PERIOD THAT:
  (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF  STOCK  OF
THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,

S. 6406--A                         63                         A. 9006--A

  (II)  AT  LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
  (III)  AT  LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
  (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND  THE
CHIEF  EXECUTIVE  OFFICER  OR  OFFICERS  ARE  AND  WERE CERTIFIED PUBLIC
ACCOUNTANTS.
THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY  CERTIFIED  PUBLIC
ACCOUNTANT  VICE-PRESIDENT  AND  ATTESTED  TO  BY  THE  SECRETARY OR ANY
ASSISTANT SECRETARY OF THE CORPORATION.
  S 9. Paragraph (d) of section 1525 of the business corporation law, as
added by chapter 505 of the laws of 1983, is amended to read as follows:
  (d) "Foreign professional service corporation"  means  a  professional
service corporation, whether or not denominated as such, organized under
the  laws of a jurisdiction other than this state, all of the sharehold-
ers, directors and officers of which  are  authorized  and  licensed  to
practice  the  profession  for  which such corporation is licensed to do
business; except that all shareholders,  directors  and  officers  of  a
foreign  professional service corporation which provides health services
in this state shall be licensed in this state. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW A FOREIGN PROFESSIONAL SERVICE  CORPORATION  FORMED  TO
LAWFULLY  ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE
IS RESPECTIVELY DEFINED UNDER ARTICLE  ONE  HUNDRED  FORTY-NINE  OF  THE
EDUCATION  LAW,  SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF
THE OWNERSHIP OF THE FIRM, IN TERMS OF  FINANCIAL  INTERESTS,  INCLUDING
OWNERSHIP-BASED  COMPENSATION,  AND  VOTING  RIGHTS  HELD  BY THE FIRM'S
OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE  PUBLIC  ACCOUNTANCY
IN  SOME  STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN PROFESSIONAL
SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS  STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD  A  VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF
THE EDUCATION LAW OR  ARE  PUBLIC  ACCOUNTANTS  LICENSED  UNDER  SECTION
SEVENTY-FOUR  HUNDRED  FIVE  OF  THE  EDUCATION  LAW. ALTHOUGH FIRMS MAY
INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS  MUST  COMPLY  WITH
RULES  PROMULGATED  BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY.  NOTWITH-
STANDING THE FOREGOING, A FIRM REGISTERED UNDER  THIS  SECTION  MAY  NOT
HAVE  NON-LICENSEE  OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTI-
FIED PUBLIC ACCOUNTANT,"  OR  "CERTIFIED  PUBLIC  ACCOUNTANTS,"  OR  THE
ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS
INCORPORATED  UNDER  THIS  SECTION  SHALL  BE  (1)  A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
SERVICES  TO  CLIENTS  OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S 10. The fourteenth undesignated paragraph of section 2 of the  part-
nership  law, as added by chapter 576 of the laws of 1994, is amended to
read as follows:
  "Professional partnership" means (1)  a  partnership  without  limited
partners  each  of whose partners is a professional authorized by law to
render a professional service within this state, (2) a partnership with-
out limited partners each of whose partners is a professional, at  least
one of whom is authorized by law to render a professional service within

S. 6406--A                         64                         A. 9006--A

this  state or (3) a partnership without limited partners authorized by,
or holding a license, certificate, registration or permit issued by  the
licensing  authority  pursuant  to the education law to render a profes-
sional  service within this state; except that all partners of a profes-
sional partnership that provides medical services in this state must  be
licensed  pursuant to article 131 of the education law to practice medi-
cine in this state and all partners of a professional  partnership  that
provides  dental  services  in  this  state must be licensed pursuant to
article 133 of the education law to practice dentistry  in  this  state;
[and  further]  except  that  all partners of a professional partnership
that provides professional engineering,  land  surveying,  architectural
and/or  landscape  architectural services in this state must be licensed
pursuant to article 145, article 147 and/or article 148 of the education
law to practice one or more of  such  professions  in  this  state;  AND
FURTHER  EXCEPT  THAT  ALL  PARTNERS  OF A PROFESSIONAL PARTNERSHIP THAT
PROVIDES PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF  BUSINESS
IS  IN  THIS  STATE AND WHO PROVIDE PUBLIC ACCOUNTANCY SERVICES, MUST BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY IN THIS STATE.  NOTWITHSTANDING ANY OTHER PROVISIONS OF  LAW
A  PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF
PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
CLE 149 OF THE EDUCATION LAW, SHALL BE  REQUIRED  TO  SHOW  (1)  THAT  A
SIMPLE  MAJORITY  OF  THE  OWNERSHIP  OF THE FIRM, IN TERMS OF FINANCIAL
INTERESTS, INCLUDING OWNERSHIP-BASED  COMPENSATION,  AND  VOTING  RIGHTS
HELD  BY  THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE
PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT  ALL  SHAREHOLDERS  OF  A
PROFESSIONAL  PARTNERSHIP  WHOSE  PRINCIPAL PLACE OF BUSINESS IS IN THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF  THE  EDUCATION
LAW  OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA-
TION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE  FIRM  AND
ITS  OWNERS  MUST  COMPLY  WITH RULES PROMULGATED BY THE STATE BOARD FOR
PUBLIC ACCOUNTANCY.  NOTWITHSTANDING THE FOREGOING,  A  FIRM  REGISTERED
UNDER  THIS  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR  "CERTIFIED  PUBLIC
ACCOUNTANTS,"  OR  THE  ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE
OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE  (1)  A
NATURAL  PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR
ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING,  BUT  NOT  LIMITED
TO,  A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL
OWNER OF AN EQUITY INTEREST IN SUCH  ENTITY  IS  A  NATURAL  PERSON  WHO
ACTIVELY  PARTICIPATES  IN  THE  BUSINESS  CONDUCTED  BY THE FIRM OR ITS
AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC-
IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY
TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S 10-a. The fourteenth undesignated paragraph  of  section  2  of  the
partnership  law,  as  amended  by  chapter  475 of the laws of 2014, is
amended to read as follows:
  "Professional partnership" means (1)  a  partnership  without  limited
partners  each  of whose partners is a professional authorized by law to
render a professional service within this state, (2) a partnership with-
out limited partners each of whose partners is a professional, at  least
one of whom is authorized by law to render a professional service within
this  state or (3) a partnership without limited partners authorized by,
or holding a license, certificate, registration or permit issued by  the
licensing  authority  pursuant  to the education law to render a profes-

S. 6406--A                         65                         A. 9006--A

sional service within this state; except that all partners of a  profes-
sional  partnership that provides medical services in this state must be
licensed pursuant to article 131 of the education law to practice  medi-
cine  in  this state and all partners of a professional partnership that
provides dental services in this state  must  be  licensed  pursuant  to
article  133  of  the education law to practice dentistry in this state;
[and further] except that all partners  of  a  professional  partnership
that provides professional engineering, land surveying, geologic, archi-
tectural  and/or  landscape architectural services in this state must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education law to practice one or more of such professions in this state;
AND  FURTHER EXCEPT THAT ALL PARTNERS OF A PROFESSIONAL PARTNERSHIP THAT
PROVIDES PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF  BUSINESS
IS  IN  THIS  STATE AND WHO PROVIDE PUBLIC ACCOUNTANCY SERVICES, MUST BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY IN THIS STATE.  NOTWITHSTANDING ANY OTHER PROVISIONS OF  LAW
A  PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF
PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
CLE 149 OF THE EDUCATION LAW, SHALL BE  REQUIRED  TO  SHOW  (1)  THAT  A
SIMPLE  MAJORITY  OF  THE  OWNERSHIP  OF THE FIRM, IN TERMS OF FINANCIAL
INTERESTS, INCLUDING OWNERSHIP-BASED  COMPENSATION,  AND  VOTING  RIGHTS
HELD  BY  THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE
PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT  ALL  SHAREHOLDERS  OF  A
PROFESSIONAL  PARTNERSHIP  WHOSE  PRINCIPAL PLACE OF BUSINESS IS IN THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF  THE  EDUCATION
LAW  OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA-
TION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE  FIRM  AND
ITS  OWNERS  MUST  COMPLY  WITH RULES PROMULGATED BY THE STATE BOARD FOR
PUBLIC ACCOUNTANCY.  NOTWITHSTANDING THE FOREGOING,  A  FIRM  REGISTERED
UNDER  THIS  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR  "CERTIFIED  PUBLIC
ACCOUNTANTS,"  OR  THE  ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE
OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE  (1)  A
NATURAL  PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR
ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING,  BUT  NOT  LIMITED
TO,  A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL
OWNER OF AN EQUITY INTEREST IN SUCH  ENTITY  IS  A  NATURAL  PERSON  WHO
ACTIVELY  PARTICIPATES  IN  THE  BUSINESS  CONDUCTED  BY THE FIRM OR ITS
AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC-
IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY
TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S 11. Subdivision (q) of section 121-1500 of the partnership  law,  as
amended  by  chapter  554  of  the  laws  of 2013, is amended to read as
follows:
  (q) Each partner of a registered limited liability partnership  formed
to  provide  medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in this state  and
each  partner  of  a  registered limited liability partnership formed to
provide dental services in this state must be licensed pursuant to arti-
cle 133 of the education law to practice dentistry in this state.   Each
partner  of a registered limited liability partnership formed to provide
veterinary services in this state must be licensed pursuant  to  article
135  of the education law to practice veterinary medicine in this state.
EACH PARTNER OF A REGISTERED LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO
PROVIDE  PUBLIC  ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS

S. 6406--A                         66                         A. 9006--A

IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,  MUST  BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY  IN THIS STATE. Each partner of a registered limited liabil-
ity partnership formed to provide professional engineering, land survey-
ing, architectural and/or landscape architectural services in this state
must be licensed pursuant to article 145, article 147 and/or article 148
of the education law to practice one or more of such professions in this
state. Each partner of a registered limited liability partnership formed
to  provide licensed clinical social work services in this state must be
licensed pursuant to article 154 of the education law to practice  clin-
ical  social  work  in  this state. Each partner of a registered limited
liability partnership formed to provide creative arts  therapy  services
in  this state must be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. Each partner  of  a
registered  limited liability partnership formed to provide marriage and
family therapy services in this state must be licensed pursuant to arti-
cle 163 of the education law to practice marriage and family therapy  in
this  state.  Each partner of a registered limited liability partnership
formed to provide mental health counseling services in this  state  must
be  licensed  pursuant  to  article 163 of the education law to practice
mental health counseling in this state. Each  partner  of  a  registered
limited  liability partnership formed to provide psychoanalysis services
in this state must be licensed pursuant to article 163 of the  education
law  to  practice psychoanalysis in this state. Each partner of a regis-
tered limited liability partnership formed to provide  applied  behavior
analysis service in this state must be licensed or certified pursuant to
article  167  of the education law to practice applied behavior analysis
in this state.  NOTWITHSTANDING ANY OTHER PROVISIONS OF  LAW  A  LIMITED
LIABILITY  PARTNERSHIP  FORMED  TO  LAWFULLY  ENGAGE  IN THE PRACTICE OF
PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
CLE 149 OF THE EDUCATION LAW, SHALL BE  REQUIRED  TO  SHOW  (1)  THAT  A
SIMPLE  MAJORITY  OF  THE  OWNERSHIP  OF THE FIRM, IN TERMS OF FINANCIAL
INTERESTS, INCLUDING OWNERSHIP-BASED  COMPENSATION,  AND  VOTING  RIGHTS
HELD  BY  THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE
PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED
LIABILITY PARTNERSHIP WHOSE PRINCIPAL  PLACE  OF  BUSINESS  IS  IN  THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE,  HOLD  A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION
LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE  EDUCA-
TION  LAW.  ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND
ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY  THE  STATE  BOARD  FOR
PUBLIC  ACCOUNTANCY.    NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED
UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE  FIRM'S  NAME
INCLUDES  THE  WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR  "CPAS."  EACH  NON-LICENSEE
OWNER  OF  A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A
NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM  OR
ITS  AFFILIATED  ENTITIES,  OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED
TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH  BENEFICIAL
OWNER  OF  AN  EQUITY  INTEREST  IN  SUCH ENTITY IS A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS  CONDUCTED  BY  THE  FIRM  OR  ITS
AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC-
IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY
TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.

S. 6406--A                         67                         A. 9006--A

  S 11-a. Subdivision (q) of section 121-1500 of the partnership law, as
amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
follows:
  (q)  Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed  pursuant  to
article  131 of the education law to practice medicine in this state and
each partner of a registered limited  liability  partnership  formed  to
provide dental services in this state must be licensed pursuant to arti-
cle  133 of the education law to practice dentistry in this state.  Each
partner of a registered limited liability partnership formed to  provide
veterinary  services  in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this  state.
EACH  PARTNER  OF  A  REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO
PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE  OF  BUSINESS
IS  IN  THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY IN THIS STATE. Each partner of a registered limited  liabil-
ity partnership formed to provide professional engineering, land survey-
ing,  geological  services, architectural and/or landscape architectural
services in this state must be licensed pursuant to article 145, article
147 and/or article 148 of the education law to practice one or  more  of
such  professions  in  this  state. Each partner of a registered limited
liability partnership formed to provide licensed  clinical  social  work
services  in  this state must be licensed pursuant to article 154 of the
education law to practice clinical social work in this state. Each part-
ner of a registered limited  liability  partnership  formed  to  provide
creative  arts  therapy services in this state must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. Each partner of a registered limited  liability  partnership
formed  to  provide  marriage  and family therapy services in this state
must be licensed pursuant to article 163 of the education law  to  prac-
tice marriage and family therapy in this state. Each partner of a regis-
tered  limited  liability  partnership  formed  to provide mental health
counseling services in this state must be licensed pursuant  to  article
163  of  the  education law to practice mental health counseling in this
state. Each partner of a registered limited liability partnership formed
to provide psychoanalysis services in this state must be licensed pursu-
ant to article 163 of the education law to  practice  psychoanalysis  in
this  state.  Each partner of a registered limited liability partnership
formed to provide applied behavior analysis service in this  state  must
be licensed or certified pursuant to article 167 of the education law to
practice  applied  behavior analysis in this state.  NOTWITHSTANDING ANY
OTHER PROVISIONS OF  LAW  A  LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO
LAWFULLY  ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE
IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY  OF  THE  OWNERSHIP  OF  THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN-
SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID-
UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT
ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF
BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
ACCOUNTANCY  IN  THIS  STATE,  HOLD A VALID LICENSE ISSUED UNDER SECTION
7404 OF THE EDUCATION LAW  OR  ARE  PUBLIC  ACCOUNTANTS  LICENSED  UNDER
SECTION  7405  OF THE EDUCATION LAW.  ALTHOUGH FIRMS MAY INCLUDE NON-LI-
CENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGAT-
ED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY.  NOTWITHSTANDING THE FORE-

S. 6406--A                         68                         A. 9006--A

GOING, A FIRM REGISTERED UNDER THIS SECTION MAY  NOT  HAVE  NON-LICENSEE
OWNERS  IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNT-
ANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS  "CPA"  OR
"CPAS."  EACH  NON-LICENSEE  OWNER  OF A FIRM THAT IS INCORPORATED UNDER
THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES  IN
THE  BUSINESS  OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY,
INCLUDING, BUT NOT LIMITED TO,  A  PARTNERSHIP  OR  PROFESSIONAL  CORPO-
RATION,  PROVIDED  EACH  BENEFICIAL  OWNER OF AN EQUITY INTEREST IN SUCH
ENTITY IS A NATURAL PERSON WHO ACTIVELY  PARTICIPATES  IN  THE  BUSINESS
CONDUCTED  BY  THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS
SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS
OR TO OTHERWISE INDIVIDUALLY TAKE PART IN  THE  DAY-TO-DAY  BUSINESS  OR
MANAGEMENT OF THE FIRM.
  S  12.  Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 554 of the laws  of  2013,  is  amended  to  read  as
follows:
  (q)  Each  partner  of  a  foreign limited liability partnership which
provides medical services in this state must  be  licensed  pursuant  to
article  131  of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership  which  provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign  limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the  education
law  to  practice  veterinary  medicine in this state. Each partner of a
foreign limited liability partnership which provides professional  engi-
neering,  land  surveying,  architectural and/or landscape architectural
services in this state must be licensed pursuant to article 145, article
147 and/or article 148 of the education law to practice one or  more  of
such professions. EACH PARTNER OF A FOREIGN REGISTERED LIMITED LIABILITY
PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCI-
PAL  PLACE  OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUN-
TANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF  THE  EDUCA-
TION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a
foreign  limited  liability partnership which provides licensed clinical
social work services in this state must be licensed pursuant to  article
154  of  the  education law to practice licensed clinical social work in
this state. Each partner of  a  foreign  limited  liability  partnership
which  provides  creative  arts  therapy  services in this state must be
licensed pursuant to article 163 of the education law to practice  crea-
tive  arts  therapy  in  this  state.  Each partner of a foreign limited
liability  partnership  which  provides  marriage  and  family   therapy
services  in  this state must be licensed pursuant to article 163 of the
education law to practice marriage and family  therapy  in  this  state.
Each  partner  of a foreign limited liability partnership which provides
mental health counseling services in this state must be licensed  pursu-
ant  to article 163 of the education law to practice mental health coun-
seling in this state. Each partner of a foreign limited liability  part-
nership  which  provides  psychoanalysis  services in this state must be
licensed pursuant to article  163  of  the  education  law  to  practice
psychoanalysis  in this state. Each partner of a foreign limited liabil-
ity partnership which provides applied  behavior  analysis  services  in
this  state must be licensed or certified pursuant to article 167 of the
education law to practice  applied  behavior  analysis  in  this  state.
NOTWITHSTANDING  ANY OTHER PROVISIONS OF LAW A FOREIGN LIMITED LIABILITY
PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC  ACCOUN-

S. 6406--A                         69                         A. 9006--A

TANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE
EDUCATION  LAW,  SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF
THE OWNERSHIP OF THE FIRM, IN TERMS OF  FINANCIAL  INTERESTS,  INCLUDING
OWNERSHIP-BASED  COMPENSATION,  AND  VOTING  RIGHTS  HELD  BY THE FIRM'S
OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE  PUBLIC  ACCOUNTANCY
IN  SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMITED LIABILITY
PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND  WHO
ARE  ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A
VALID LICENSE ISSUED UNDER SECTION 7404 OF  THE  EDUCATION  LAW  OR  ARE
PUBLIC  ACCOUNTANTS  LICENSED  UNDER  SECTION 7405 OF THE EDUCATION LAW.
ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS  OWNERS
MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
TANCY.    NOTWITHSTANDING  THE  FOREGOING,  A FIRM REGISTERED UNDER THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC  ACCOUNTANTS,"
OR  THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM
THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1)  A  NATURAL  PERSON
WHO  ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS CONDUCTED BY THE FIRM OR  ITS  AFFILIATED  ENTITIES.    FOR
PURPOSES  OF  THIS  SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR  TO  OTHERWISE  INDIVIDUALLY  TAKE  PART  IN  THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S 12-a. Subdivision (q) of section 121-1502 of the partnership law, as
amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
follows:
  (q) Each partner of a  foreign  limited  liability  partnership  which
provides  medical  services  in  this state must be licensed pursuant to
article 131 of the education law to practice medicine in the  state  and
each  partner  of a foreign limited liability partnership which provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state.  Each partner  of
a  foreign  limited  liability  partnership  which  provides  veterinary
service in the state shall be licensed pursuant to article  135  of  the
education  law to practice veterinary medicine in this state. Each part-
ner of a foreign limited liability partnership  which  provides  profes-
sional  engineering,  land surveying, geological services, architectural
and/or landscape architectural services in this state must  be  licensed
pursuant to article 145, article 147 and/or article 148 of the education
law  to  practice  one  or  more of such professions.  EACH PARTNER OF A
FOREIGN REGISTERED  LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO  PROVIDE
PUBLIC  ACCOUNTANCY  SERVICES,  WHOSE  PRINCIPAL PLACE OF BUSINESS IS IN
THIS STATE  AND  WHO  PROVIDES  PUBLIC  ACCOUNTANCY  SERVICES,  MUST  BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY  IN  THIS STATE. Each partner of a foreign limited liability
partnership which provides licensed clinical  social  work  services  in
this state must be licensed pursuant to article 154 of the education law
to practice licensed clinical social work in this state. Each partner of
a  foreign  limited  liability  partnership which provides creative arts
therapy services in this state must be licensed pursuant to article  163
of  the  education  law to practice creative arts therapy in this state.
Each partner of a foreign limited liability partnership  which  provides
marriage  and  family  therapy  services  in this state must be licensed
pursuant to article 163 of the education law to  practice  marriage  and

S. 6406--A                         70                         A. 9006--A

family  therapy in this state. Each partner of a foreign limited liabil-
ity partnership which provides mental health counseling services in this
state must be licensed pursuant to article 163 of the education  law  to
practice  mental  health  counseling  in  this  state. Each partner of a
foreign limited  liability  partnership  which  provides  psychoanalysis
services  in  this state must be licensed pursuant to article 163 of the
education law to practice psychoanalysis in this state. Each partner  of
a  foreign limited liability partnership which provides applied behavior
analysis services in this state must be licensed or  certified  pursuant
to  article 167 of the education law to practice applied behavior analy-
sis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN
LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE  PRACTICE
OF  PUBLIC  ACCOUNTANCY,  AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER
ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1)  THAT  A
SIMPLE  MAJORITY  OF  THE  OWNERSHIP  OF THE FIRM, IN TERMS OF FINANCIAL
INTERESTS, INCLUDING OWNERSHIP-BASED  COMPENSATION,  AND  VOTING  RIGHTS
HELD  BY  THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE
PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN
LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF  BUSINESS  IS  IN
THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCA-
TION  LAW  OR  ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE
EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE  FIRM
AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR
PUBLIC  ACCOUNTANCY.    NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED
UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE  FIRM'S  NAME
INCLUDES  THE  WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR  "CPAS."  EACH  NON-LICENSEE
OWNER  OF  A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A
NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM  OR
ITS  AFFILIATED  ENTITIES,  OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED
TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH  BENEFICIAL
OWNER  OF  AN  EQUITY  INTEREST  IN  SUCH ENTITY IS A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS  CONDUCTED  BY  THE  FIRM  OR  ITS
AFFILIATED  ENTITIES.    FOR  PURPOSES  OF  THIS  SUBDIVISION, "ACTIVELY
PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE  INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S  13.  Subdivision  (h) of section 121-101 of the partnership law, as
added by chapter 950 of the laws of 1990, is amended to read as follows:
  (h) "Limited partnership" and  "domestic  limited  partnership"  mean,
unless  the  context otherwise requires, a partnership (i) formed by two
or more persons pursuant to this article or which complies with subdivi-
sion (a) of section 121-1202 of this article and (ii) having one or more
general partners and one or more limited partners.  NOTWITHSTANDING  ANY
OTHER  PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART-
NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A  SIMPLE  MAJORITY  OF  THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED  COMPENSATION,  AND  VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY  IN  SOME
STATE,  AND  (2)  THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC
LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION  LAW  OR
ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW.

S. 6406--A                         71                         A. 9006--A

ALTHOUGH  FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
TANCY.   NOTWITHSTANDING THE FOREGOING, A  FIRM  REGISTERED  UNDER  THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A  FIRM
THAT  IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
SERVICES  TO  CLIENTS  OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S 14. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 554 of the laws of 2013, is amended  to  read
as follows:
  (b)  With  respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each  member  of  such  limited  liability
company must be licensed pursuant to article 131 of the education law to
practice  medicine in this state. With respect to a professional service
limited liability company formed to  provide  dental  services  as  such
services are defined in article 133 of the education law, each member of
such  limited liability company must be licensed pursuant to article 133
of the education law to practice dentistry in this state.  With  respect
to  a  professional  service limited liability company formed to provide
veterinary services as such services are defined in article 135  of  the
education  law,  each  member  of such limited liability company must be
licensed pursuant to article 135 of the education law to practice veter-
inary medicine in this state. With respect  to  a  professional  service
limited  liability  company  formed to provide professional engineering,
land surveying, architectural and/or landscape architectural services as
such services are defined in article 145, article 147 and article 148 of
the education law, each member of such limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education law to practice one or more of such professions in this state.
WITH  RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED
TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE  DEFINED  IN
ARTICLE  149  OF THE EDUCATION LAW EACH MEMBER OF SUCH LIMITED LIABILITY
COMPANY WHOSE PRINCIPAL PLACE OF BUSINESS  IS  IN  THIS  STATE  AND  WHO
PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTI-
CLE  149  OF  THE  EDUCATION  LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS
STATE. With respect to a professional service limited liability  company
formed  to  provide  licensed  clinical  social  work  services  as such
services are defined in article 154 of the education law, each member of
such limited liability company shall be licensed pursuant to article 154
of the education law to practice licensed clinical social work  in  this
state.  With respect to a professional service limited liability company
formed to provide creative arts therapy services as  such  services  are
defined in article 163 of the education law, each member of such limited
liability company must be licensed pursuant to article 163 of the educa-
tion  law  to practice creative arts therapy in this state. With respect
to a professional service limited liability company  formed  to  provide
marriage  and  family  therapy  services as such services are defined in

S. 6406--A                         72                         A. 9006--A

article 163 of the education law, each member of such limited  liability
company must be licensed pursuant to article 163 of the education law to
practice  marriage  and  family therapy in this state. With respect to a
professional  service limited liability company formed to provide mental
health counseling services as such services are defined in  article  163
of the education law, each member of such limited liability company must
be  licensed  pursuant  to  article 163 of the education law to practice
mental health counseling in this state. With respect to  a  professional
service  limited  liability  company  formed  to  provide psychoanalysis
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to practice  psychoanalysis
in  this state. With respect to a professional service limited liability
company formed to provide applied behavior  analysis  services  as  such
services are defined in article 167 of the education law, each member of
such limited liability company must be licensed or certified pursuant to
article  167  of the education law to practice applied behavior analysis
in this state. NOTWITHSTANDING ANY OTHER PROVISIONS  OF  LAW  A  PROFES-
SIONAL  SERVICE  LIMITED  LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN
THE PRACTICE OF PUBLIC ACCOUNTANCY, AS  SUCH  PRACTICE  IS  RESPECTIVELY
DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW
(1)  THAT  A  SIMPLE  MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF
FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND  VOTING
RIGHTS  HELD  BY  THE  FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO
PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A
LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE  PRINCIPAL
PLACE  OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE
OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE  ISSUED  UNDER
SECTION  7404 OF ARTICLE 149 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNT-
ANTS LICENSED UNDER SECTION 7405 OF ARTICLE 149 OF  THE  EDUCATION  LAW.
ALTHOUGH  FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
TANCY.   NOTWITHSTANDING THE FOREGOING, A  FIRM  REGISTERED  UNDER  THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A  FIRM
THAT  IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
SERVICES  TO  CLIENTS  OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S 14-a. Subdivision (b) of  section  1207  of  the  limited  liability
company  law,  as amended by chapter 475 of the laws of 2014, is amended
to read as follows:
  (b) With respect to a professional service limited  liability  company
formed to provide medical services as such services are defined in arti-
cle  131  of  the  education  law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state. With respect to a professional  service
limited  liability  company  formed  to  provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article  133

S. 6406--A                         73                         A. 9006--A

of  the education law to practice dentistry in this state.  With respect
to a professional service limited liability company  formed  to  provide
veterinary  services  as such services are defined in article 135 of the
education  law,  each  member  of such limited liability company must be
licensed pursuant to article 135 of the education law to practice veter-
inary medicine in this state. With respect  to  a  professional  service
limited  liability  company  formed to provide professional engineering,
land surveying, architectural, landscape architectural and/or geological
services as such services are defined in article 145,  article  147  and
article  148 of the education law, each member of such limited liability
company must be licensed pursuant to article  145,  article  147  and/or
article  148  of  the  education  law  to  practice  one or more of such
professions in this state.   WITH  RESPECT  TO  A  PROFESSIONAL  SERVICE
LIMITED  LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES
AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE  EDUCATION  LAW  EACH
MEMBER  OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST
BE LICENSED PURSUANT TO ARTICLE 149 OF THE  EDUCATION  LAW  TO  PRACTICE
PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
limited  liability  company  formed  to provide licensed clinical social
work services as such services are defined in article 154 of the  educa-
tion  law,  each  member  of  such  limited  liability  company shall be
licensed pursuant to article  154  of  the  education  law  to  practice
licensed  clinical  social work in this state. With respect to a profes-
sional service limited liability company formed to provide creative arts
therapy services as such services are defined  in  article  163  of  the
education  law,  each  member  of such limited liability company must be
licensed pursuant to article 163 of the education law to practice  crea-
tive  arts therapy in this state. With respect to a professional service
limited liability company formed to provide marriage and family  therapy
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article  163 of the education law to practice marriage and
family therapy in this state. With respect  to  a  professional  service
limited  liability  company  formed  to provide mental health counseling
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to practice  mental  health
counseling in this state. With respect to a professional service limited
liability  company  formed  to  provide  psychoanalysis services as such
services are defined in article 163 of the education law, each member of
such limited liability company must be licensed pursuant to article  163
of  the  education  law  to  practice psychoanalysis in this state. With
respect to a professional service limited liability  company  formed  to
provide  applied behavior analysis services as such services are defined
in article 167 of the education law, each member of such limited liabil-
ity company must be licensed or certified pursuant to article 167 of the
education law to practice  applied  behavior  analysis  in  this  state.
NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  LAW  A PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE  PRACTICE  OF
PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE
MAJORITY  OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS,
INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS  HELD  BY  THE
FIRM'S  OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES-

S. 6406--A                         74                         A. 9006--A

SIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE, AND WHO ARE ENGAGED IN  THE  PRACTICE  OF  PUBLIC
ACCOUNTANCY  IN  THIS  STATE,  HOLD A VALID LICENSE ISSUED UNDER SECTION
7404  OF  ARTICLE  149  OF  THE  EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS
LICENSED UNDER SECTION  7405  OF  ARTICLE  149  OF  THE  EDUCATION  LAW.
ALTHOUGH  FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
TANCY.   NOTWITHSTANDING THE FOREGOING, A  FIRM  REGISTERED  UNDER  THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A  FIRM
THAT  IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
SERVICES  TO  CLIENTS  OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S 15. Subdivisions (a) and (f) of section 1301 of the limited  liabil-
ity  company  law, subdivision (a) as amended by chapter 554 of the laws
of 2013 and subdivision (f) as amended by chapter 170  of  the  laws  of
1996, are amended to read as follows:
  (a)  "Foreign  professional service limited liability company" means a
professional service limited liability company, whether or  not  denomi-
nated  as  such,  organized  under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional authorized by law to render a professional  service  within  this
state  and who is or has been engaged in the practice of such profession
in such professional service limited liability company or a  predecessor
entity, or will engage in the practice of such profession in the profes-
sional  service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and  manag-
ers,  if  any, is a professional at least one of such members is author-
ized by law to render a professional service within this state  and  who
is  or  has  been  engaged  in  the  practice of such profession in such
professional service limited liability company or a predecessor  entity,
or  will  engage  in the practice of such profession in the professional
service limited liability company within thirty days of  the  date  such
professional  becomes  a  member,  or  (ii)  authorized by, or holding a
license, certificate, registration or permit  issued  by  the  licensing
authority  pursuant  to,  the  education  law  to  render a professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides  health services in this state shall be licensed in this state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such  foreign  professional
service  limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine.  With  respect
to  a  foreign  professional  service  limited  liability  company which
provides medical services as such services are defined in article 131 of
the education law, each member  of  such  foreign  professional  service
limited  liability  company  must be licensed pursuant to article 131 of
the education law to practice medicine in this state.  With respect to a

S. 6406--A                         75                         A. 9006--A

foreign professional service limited liability  company  which  provides
dental  services  as  such  services  are  defined in article 133 of the
education law, each member of such foreign professional service  limited
liability company must be licensed pursuant to article 133 of the educa-
tion  law to practice dentistry in this state. With respect to a foreign
professional service limited liability company  which  provides  profes-
sional  engineering,  land  surveying,  architectural  and/or  landscape
architectural services as such services  are  defined  in  article  145,
article  147  and  article 148 of the education law, each member of such
foreign professional service limited liability company must be  licensed
pursuant to article 145, article 147 and/or article 148 of the education
law  to  practice  one  or  more of such professions in this state. WITH
RESPECT TO A FOREIGN  PROFESSIONAL  SERVICE  LIMITED  LIABILITY  COMPANY
WHICH  PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED
IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF  BUSI-
NESS  IS  IN  THIS  STATE  AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,
SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO  PRAC-
TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
sional  service  limited liability company which provides licensed clin-
ical social work services as such services are defined in article 154 of
the education law, each member  of  such  foreign  professional  service
limited  liability  company shall be licensed pursuant to article 154 of
the education law to practice clinical social work in this  state.  With
respect  to  a  foreign  professional  service limited liability company
which provides creative arts  therapy  services  as  such  services  are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this  state.  With  respect  to  a  foreign professional service limited
liability company which provides marriage and family therapy services as
such services are defined in article 163  of  the  education  law,  each
member  of  such  foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law  to  prac-
tice  marriage  and  family  therapy  in  this  state. With respect to a
foreign professional service limited liability  company  which  provides
mental  health counseling services as such services are defined in arti-
cle 163 of the education law, each member of such  foreign  professional
service  limited  liability company must be licensed pursuant to article
163 of the education law to practice mental health  counseling  in  this
state.  With respect to a foreign professional service limited liability
company which provides psychoanalysis  services  as  such  services  are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to  article  163 of the education law to practice psychoanalysis in this
state. With respect to a foreign professional service limited  liability
company  which  provides  applied  behavior  analysis  services  as such
services are defined in article 167 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  or  certified  pursuant to article 167 of the education law to
practice applied behavior analysis in this  state.  NOTWITHSTANDING  ANY
OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION  LAW  SHALL  BE  REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-

S. 6406--A                         76                         A. 9006--A

SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY  THE  FIRM'S  OWNERS,
BELONGS  TO  INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (2) THAT  ALL  MEMBERS  OF  A  FOREIGN  LIMITED  PROFESSIONAL
SERVICE  LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS
IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY
IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER  SECTION  7404  OF  THE
EDUCATION  LAW  OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF
THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE  OWNERS,  THE
FIRM  AND  ITS  OWNERS  MUST  COMPLY WITH RULES PROMULGATED BY THE STATE
BOARD FOR PUBLIC ACCOUNTANCY.   NOTWITHSTANDING THE  FOREGOING,  A  FIRM
REGISTERED  UNDER  THIS  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR  "CPAS."    EACH
NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL
BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
FIRM  OR  ITS  AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT
LIMITED TO, A PARTNERSHIP OR  PROFESSIONAL  CORPORATION,  PROVIDED  EACH
BENEFICIAL  OWNER  OF  AN  EQUITY  INTEREST  IN SUCH ENTITY IS A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY  THE  FIRM
OR  ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE  INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  (f) "Professional partnership" means (1) a partnership without limited
partners  each  of whose partners is a professional authorized by law to
render a professional service within this state, (2) a partnership with-
out limited partners each of whose partners is a professional, at  least
one of whom is authorized by law to render a professional service within
this  state or (3) a partnership without limited partners authorized by,
or holding a license, certificate, registration or permit issued by  the
licensing  authority  pursuant  to the education law to render a profes-
sional service within this state; except that all partners of a  profes-
sional  partnership that provides medical services in this state must be
licensed pursuant to article 131 of the education law to practice  medi-
cine  in  this state and all partners of a professional partnership that
provides dental services in this state  must  be  licensed  pursuant  to
article  133  of  the education law to practice dentistry in this state;
except that all partners of a  professional  partnership  that  provides
veterinary  services  in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this  state;
and  further except that all partners of a professional partnership that
provides professional engineering, land surveying, architectural, and/or
landscape architectural services in this state must be licensed pursuant
to article 145, article 147 and/or article 148 of the education  law  to
practice one or more of such professions. WITH RESPECT TO A PROFESSIONAL
PARTNERSHIP  WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES
ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW,  EACH  MEMBER  OF  SUCH
PROFESSIONAL  PARTNERSHIP  WHOSE  PRINCIPAL PLACE OF BUSINESS IS IN THIS
STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,  SHALL  BE  LICENSED
PURSUANT  TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUN-
TANCY. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL  PART-
NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION  LAW  SHALL  BE  REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY  THE  FIRM'S  OWNERS,
BELONGS  TO  INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME

S. 6406--A                         77                         A. 9006--A

STATE, AND (2) THAT ALL MEMBERS OF A LIMITED  PROFESSIONAL  PARTNERSHIP,
WHOSE  PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED
IN THE PRACTICE OF PUBLIC  ACCOUNTANCY  IN  THIS  STATE,  HOLD  A  VALID
LICENSE  ISSUED  UNDER  SECTION  7404 OF THE EDUCATION LAW OR ARE PUBLIC
ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION  LAW.  ALTHOUGH
FIRMS  MAY  INCLUDE  NON-LICENSEE  OWNERS,  THE FIRM AND ITS OWNERS MUST
COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY.
NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION  MAY
NOT  HAVE  NON-LICENSEE  OWNERS  IF  THE  FIRM'S NAME INCLUDES THE WORDS
"CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
ABBREVIATIONS "CPA" OR "CPAS."  EACH NON-LICENSEE OWNER OF A  FIRM  THAT
IS  REGISTERED  UNDER  THIS  SECTION  SHALL  BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
SERVICES  TO  CLIENTS  OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S 15-a. Subdivisions (a) and  (f)  of  section  1301  of  the  limited
liability  company  law,  as amended by chapter 475 of the laws of 2014,
are amended to read as follows:
  (a) "Foreign professional service limited liability company"  means  a
professional  service  limited liability company, whether or not denomi-
nated as such, organized under the laws of  a  jurisdiction  other  than
this state, (i) each of whose members and managers, if any, is a profes-
sional  authorized  by  law to render a professional service within this
state and who is or has been engaged in the practice of such  profession
in  such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the  date
such  professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members  is  author-
ized  by  law to render a professional service within this state and who
is or has been engaged in  the  practice  of  such  profession  in  such
professional  service limited liability company or a predecessor entity,
or will engage in the practice of such profession  in  the  professional
service  limited  liability  company within thirty days of the date such
professional becomes a member, or  (ii)  authorized  by,  or  holding  a
license,  certificate,  registration  or  permit issued by the licensing
authority pursuant to,  the  education  law  to  render  a  professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides health services in this state shall be licensed in this  state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle  135  of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to  article
135  of  the education law to practice veterinary medicine. With respect
to a  foreign  professional  service  limited  liability  company  which
provides medical services as such services are defined in article 131 of
the  education  law,  each  member  of such foreign professional service
limited liability company must be licensed pursuant to  article  131  of
the education law to practice medicine in this state.  With respect to a
foreign  professional  service  limited liability company which provides

S. 6406--A                         78                         A. 9006--A

dental services as such services are  defined  in  article  133  of  the
education  law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 133 of the educa-
tion  law to practice dentistry in this state. With respect to a foreign
professional service limited liability company  which  provides  profes-
sional engineering, land surveying, geologic, architectural and/or land-
scape  architectural  services  as  such services are defined in article
145, article 147 and article 148 of the education law,  each  member  of
such  foreign  professional  service  limited  liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education law to practice one or more of such professions in this state.
WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
WHICH  PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED
IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF  BUSI-
NESS  IS  IN  THIS  STATE  AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,
SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO  PRAC-
TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
sional  service  limited liability company which provides licensed clin-
ical social work services as such services are defined in article 154 of
the education law, each member  of  such  foreign  professional  service
limited  liability  company shall be licensed pursuant to article 154 of
the education law to practice clinical social work in this  state.  With
respect  to  a  foreign  professional  service limited liability company
which provides creative arts  therapy  services  as  such  services  are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this  state.  With  respect  to  a  foreign professional service limited
liability company which provides marriage and family therapy services as
such services are defined in article 163  of  the  education  law,  each
member  of  such  foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law  to  prac-
tice  marriage  and  family  therapy  in  this  state. With respect to a
foreign professional service limited liability  company  which  provides
mental  health counseling services as such services are defined in arti-
cle 163 of the education law, each member of such  foreign  professional
service  limited  liability company must be licensed pursuant to article
163 of the education law to practice mental health  counseling  in  this
state.  With respect to a foreign professional service limited liability
company which provides psychoanalysis  services  as  such  services  are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to  article  163 of the education law to practice psychoanalysis in this
state. With respect to a foreign professional service limited  liability
company  which  provides  applied  behavior  analysis  services  as such
services are defined in article 167 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  or  certified  pursuant to article 167 of the education law to
practice applied behavior analysis in this  state.  NOTWITHSTANDING  ANY
OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION  LAW  SHALL  BE  REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY  THE  FIRM'S  OWNERS,

S. 6406--A                         79                         A. 9006--A

BELONGS  TO  INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (2) THAT  ALL  MEMBERS  OF  A  FOREIGN  LIMITED  PROFESSIONAL
SERVICE  LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS
IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY
IN  THIS  STATE,  HOLD  A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE
EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION  7405  OF
THE  EDUCATION  LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE
FIRM AND ITS OWNERS MUST COMPLY WITH  RULES  PROMULGATED  BY  THE  STATE
BOARD  FOR  PUBLIC  ACCOUNTANCY.   NOTWITHSTANDING THE FOREGOING, A FIRM
REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE  OWNERS  IF  THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED  PUBLIC  ACCOUNTANTS,"  OR THE ABBREVIATIONS "CPA" OR "CPAS."  EACH
NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL
BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY,  INCLUDING,  BUT  NOT
LIMITED  TO,  A  PARTNERSHIP  OR PROFESSIONAL CORPORATION, PROVIDED EACH
BENEFICIAL OWNER OF AN EQUITY INTEREST  IN  SUCH  ENTITY  IS  A  NATURAL
PERSON  WHO  ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM
OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION,  "ACTIVELY
PARTICIPATE"  MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  (f) "Professional partnership" means (1) a partnership without limited
partners each of whose partners is a professional authorized by  law  to
render a professional service within this state, (2) a partnership with-
out  limited partners each of whose partners is a professional, at least
one of whom is authorized by law to render a professional service within
this state or (3) a partnership without limited partners authorized  by,
or  holding a license, certificate, registration or permit issued by the
licensing authority pursuant to the education law to  render  a  profes-
sional  service within this state; except that all partners of a profes-
sional partnership that provides medical services in this state must  be
licensed  pursuant to article 131 of the education law to practice medi-
cine in this state and all partners of a professional  partnership  that
provides  dental  services  in  this  state must be licensed pursuant to
article 133 of the education law to practice dentistry  in  this  state;
except  that  all  partners  of a professional partnership that provides
veterinary services in this state must be licensed pursuant  to  article
135  of the education law to practice veterinary medicine in this state;
and further except that all partners of a professional partnership  that
provides  professional  engineering, land surveying, geologic, architec-
tural, and/or landscape architectural services in  this  state  must  be
licensed  pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions. WITH  RESPECT
TO A PROFESSIONAL PARTNERSHIP WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES
AS  SUCH  SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH
MEMBER OF SUCH PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE  OF  BUSI-
NESS  IS  IN  THIS  STATE  AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,
SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO  PRAC-
TICE  PUBLIC  ACCOUNTANCY. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A
PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN  THE  PRACTICE  OF
PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE
MAJORITY  OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS,
INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS  HELD  BY  THE
FIRM'S  OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES-

S. 6406--A                         80                         A. 9006--A

SIONAL PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS  STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD  A  VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR
ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW.
ALTHOUGH  FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
TANCY.   NOTWITHSTANDING THE FOREGOING, A  FIRM  REGISTERED  UNDER  THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS."  EACH NON-LICENSEE OWNER OF A FIRM
THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON  WHO
ACTIVELY  PARTICIPATES  IN  THE  BUSINESS  OF THE FIRM OR ITS AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS CONDUCTED BY THE  FIRM  OR  ITS  AFFILIATED  ENTITIES.  FOR
PURPOSES  OF  THIS  SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR  TO  OTHERWISE  INDIVIDUALLY  TAKE  PART  IN  THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  S  16. This act shall take effect immediately; provided, however, that
sections ten-a, eleven-a, twelve-a, fourteen-a and fifteen-a of this act
shall take effect on the same date as sections 25, 26, 27, 22,  and  23,
respectively, of chapter 475 of the laws of 2014 take effect.

                                 PART I

  Section  1. Section 34 of chapter 91 of the laws of 2002, amending the
education law and other laws relating to reorganization of the New  York
city  school  construction  authority,  board of education and community
boards, as amended by section 1 of subpart D of part B of chapter 20  of
the laws of 2015, is amended to read as follows:
  S 34. This act shall take effect July 1, 2002; provided, that sections
one  through  twenty, twenty-four, and twenty-six through thirty of this
act shall expire and be deemed repealed June 30, [2016]  2019  provided,
further,  that notwithstanding any provision of article 5 of the general
construction law, on June 30, [2016] 2019 the provisions of subdivisions
3, 5, and 8, paragraph b of subdivision 13, subdivision  14,  paragraphs
b,  d,  and  e  of subdivision 15, and subdivisions 17 and 21 of section
2554 of the education law as repealed by  section  three  of  this  act,
subdivision  1  of  section  2590-b  of the education law as repealed by
section six of this act, paragraph  (a)  of  subdivision  2  of  section
2590-b  of  the  education law as repealed by section seven of this act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as repealed by section twenty-six of this act, subdivision 1 of  section
2590-e  of the education law as repealed by section twenty-seven of this
act, subdivision 28 of section 2590-h of the education law  as  repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision  30-a  of  section  2590-h  of  the  education law as repealed by
section thirty of this  act  shall  be  revived  and  be  read  as  such
provisions  existed  in law on the date immediately preceding the effec-
tive date of this act; provided, however, that sections seven and  eight
of  this  act  shall  take effect on November 30, 2003; provided further
that the amendments to subdivision 25 of section 2554 of  the  education
law  made  by section two of this act shall be subject to the expiration

S. 6406--A                         81                         A. 9006--A

and reversion of such subdivision pursuant to section 12 of chapter  147
of  the  laws of 2001, as amended, when upon such date the provisions of
section four of this act shall take effect.
  S  2. Subdivision 12 of section 17 of chapter 345 of the laws of 2009,
amending the education law and other laws relating to the New York  city
board of education, chancellor, community councils, and community super-
intendents, as amended by section 2 of subpart D of part B of chapter 20
of the laws of 2015, is amended to read as follows:
  12. any provision in sections one, two, three, four, five, six, seven,
eight,  nine,  ten  and  eleven  of this act not otherwise set to expire
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
section 17 of chapter 123 of the laws of 2003, as amended, shall  expire
and be deemed repealed June 30, [2016] 2019.
  S 3. This act shall take effect immediately.

                                 PART J

  Section  1.  Subdivision 1 of section 813 of the labor law, as amended
by chapter 55 of the laws of 1992, is amended to read as follows:
  1. The governor shall appoint  a  state  apprenticeship  and  training
council,  composed  of NOT MORE THAN three representatives from employer
organizations [and three from], AN EQUAL NUMBER OF REPRESENTATIVES  FROM
employee  organizations  and [one representative] AN EQUAL NUMBER of the
general public[, who shall be the chairman]. THE REPRESENTATIVES OF  THE
GENERAL  PUBLIC SHALL INCLUDE REPRESENTATIVES OF PUBLIC COLLEGES, COMMU-
NITY COLLEGES OR BOARDS OF COOPERATIVE EDUCATIONAL  SERVICES  THAT  HAVE
EXPERIENCE  PROVIDING  RELATED  INSTRUCTION FOR APPRENTICESHIP PROGRAMS.
THE GOVERNOR SHALL DESIGNATE ONE OF THE PUBLIC MEMBERS AS THE CHAIR. The
council by majority vote may designate one of its  members,  other  than
the  [chairman]  CHAIR,  as  [vice-chairman]  VICE-CHAIR  to  act in the
absence or inability of the  [chairman]  CHAIR.  Each  member  shall  be
appointed for a term of three years. Each member shall hold office until
his  or  her  successor  is appointed and has qualified, and any vacancy
shall be filled by appointment for the unexpired portion  of  the  term.
The  present  members of the council shall continue to hold office until
the expiration of their present terms or their earlier  terminations  by
resignation  or  inability  to  act.  The commissioner of education, the
commissioner of labor and the commissioner of economic development shall
[ex officio be] BE EX OFFICIO members of such council without vote.  The
members of the council shall not receive a salary or other compensation,
but  shall  be reimbursed for transportation and other expenses actually
and necessarily incurred in the performance of their duties  under  this
article.
  S 2. This act shall take effect immediately.

                                 PART K

  Section  1.  Subdivision 1 of section 652 of the labor law, as amended
by section 1 of part P of chapter 57 of the laws of 2013, is amended  to
read as follows:
  1.  Statutory.  Every  employer shall pay to each of its employees for
each hour worked a wage of not less than:
  [$4.25 on and after April 1, 1991,
  $5.15 on and after March 31, 2000,
  $6.00 on and after January 1, 2005,
  $6.75 on and after January 1, 2006,]

S. 6406--A                         82                         A. 9006--A

  $7.15 on and after January 1, 2007,
  $8.00 on and after December 31, 2013,
  $8.75 on and after December 31, 2014,
  $9.00 on and after December 31, 2015,
  $9.75 ON AND AFTER JULY 1, 2016,
  $10.75 ON AND AFTER DECEMBER 31, 2016,
  $11.75 ON AND AFTER DECEMBER 31, 2017,
  $12.75 ON AND AFTER DECEMBER 31, 2018,
  $13.75 ON AND AFTER DECEMBER 31, 2019,
  $14.50 ON AND AFTER DECEMBER 31, 2020,
  $15.00 ON AND AFTER JULY 1, 2021,
or,  if  greater,  such  other wage as may be established by federal law
pursuant to 29 U.S.C. section 206 or its successors or such  other  wage
as may be established in accordance with the provisions of this article.
  S  2.  Subdivision 6 of section 652 of the labor law is REPEALED and a
new subdivision 6 is added to read as follows:
  6. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE  MINIMUM  WAGE
FOR  AN  EMPLOYEE WHO WORKS IN A CITY WITH A POPULATION IN EXCESS OF ONE
MILLION SHALL BE PHASED-IN ON THE FOLLOWING ACCELERATED SCHEDULE:
  $10.50 PER HOUR ON AND AFTER JULY 1, 2016,
  $12.00 PER HOUR ON AND AFTER DECEMBER 31, 2016,
  $13.50 PER HOUR ON AND AFTER DECEMBER 31, 2017,
  $15.00 PER HOUR ON AND AFTER DECEMBER 31, 2018,
OR, IF GREATER, SUCH OTHER WAGE AS MAY BE ESTABLISHED UNDER, OR PROVIDED
FOR BY, SUBDIVISION ONE OF THIS SECTION. THE RATES AND  SCHEDULE  ESTAB-
LISHED  ABOVE  SHALL NOT BE DEEMED TO BE THE MINIMUM WAGE UNDER SUBDIVI-
SION ONE OF THIS SECTION FOR PURPOSES OF THE CALCULATIONS  SPECIFIED  IN
SUBDIVISION  TWO  OF  THIS  SECTION  AND  IN SUBDIVISIONS ONE AND TWO OF
SECTION FIVE HUNDRED TWENTY-SEVEN OF THIS CHAPTER.
  S 3. This act shall take effect immediately  provided,  however,  that
the provisions of section two of this act shall expire July 1, 2021 when
upon such date the provisions of such section shall be deemed repealed.

                                 PART L

  Section  1.  Subdivision  (a)  of  section  25-a  of the labor law, as
amended by section 1 of part AA of chapter 56 of the laws  of  2015,  is
amended to read as follows:
  (a)  The  commissioner  is  authorized to establish and administer the
program established under this section  to  provide  tax  incentives  to
employers  for  employing at risk youth in part-time and full-time posi-
tions. There will be five distinct pools of tax incentives. Program  one
will  cover  tax  incentives  allocated  for two thousand twelve and two
thousand thirteen. Program two will cover tax  incentives  allocated  in
two thousand fourteen. Program three will cover tax incentives allocated
in  two  thousand  fifteen. Program four will cover tax incentives allo-
cated in two thousand sixteen. Program five will  cover  tax  incentives
allocated  in  two thousand seventeen. The commissioner is authorized to
allocate up to twenty-five million dollars of tax credits under  program
one,  ten million dollars of tax credits under program two, [and] twenty
million dollars of tax credits under [each of programs]  PROGRAM  three,
AND  FIFTY MILLION DOLLARS OF TAX CREDITS UNDER EACH OF PROGRAMS four[,]
and five.
  S 2. Subdivision (b) of section 25-a of the labor law  is  amended  by
adding a new paragraph 3 to read as follows:

S. 6406--A                         83                         A. 9006--A

  (3)  FOR  PROGRAMS  FOUR  AND  FIVE, THE TAX CREDIT UNDER EACH PROGRAM
SHALL BE ALLOCATED AS FOLLOWS: (I) FORTY MILLION DOLLARS OF  TAX  CREDIT
FOR  QUALIFIED EMPLOYEES; AND (II) TEN MILLION DOLLARS OF TAX CREDIT FOR
INDIVIDUALS WHO MEET ALL OF THE REQUIREMENTS FOR  A  QUALIFIED  EMPLOYEE
EXCEPT  FOR  THE RESIDENCY REQUIREMENT OF SUBPARAGRAPH (II) OF PARAGRAPH
TWO OF THIS SUBDIVISION, WHICH INDIVIDUALS SHALL BE DEEMED TO  MEET  THE
RESIDENCY  REQUIREMENTS  OF  SUBPARAGRAPH  (II) OF PARAGRAPH TWO OF THIS
SUBDIVISION IF THEY RESIDE IN NEW YORK STATE.
  S 3. This act shall take effect immediately.

                                 PART M

  Section 1. Clause (G) of subparagraph (vii) of paragraph 2 of subdivi-
sion (d) of section 1089 of the family court act, as added by section 27
of part A of chapter 3 of the laws  of  2005,  is  amended  to  read  as
follows:
  (G) where a child has or will before the next permanency hearing reach
the age of fourteen, (I) the services and assistance necessary to assist
the  child  in learning independent living skills TO ASSIST THE CHILD TO
MAKE THE TRANSITION FROM FOSTER CARE TO SUCCESSFUL ADULTHOOD;  AND  (II)
A.  THAT  THE PERMANENCY PLAN DEVELOPED FOR THE CHILD IN FOSTER CARE WHO
HAS ATTAINED THE AGE OF FOURTEEN, AND ANY REVISION OR  ADDITION  TO  THE
PLAN,  SHALL  BE  DEVELOPED  IN  CONSULTATION WITH THE CHILD AND, AT THE
OPTION OF THE CHILD, WITH UP TO TWO MEMBERS OF  THE  CHILD'S  PERMANENCY
PLANNING  TEAM  WHO  ARE  SELECTED BY THE CHILD AND WHO ARE NOT A FOSTER
PARENT OF, OR THE CASE WORKER, CASE PLANNER OR  CASE  MANAGER  FOR,  THE
CHILD EXCEPT THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY
OF  THE  CHILD MAY REJECT AN INDIVIDUAL SO SELECTED BY THE CHILD IF SUCH
LOCAL COMMISSIONER HAS GOOD CAUSE TO BELIEVE THAT THE  INDIVIDUAL  WOULD
NOT  ACT  IN THE BEST INTERESTS OF THE CHILD, AND B. THAT ONE INDIVIDUAL
SO SELECTED BY THE CHILD MAY BE DESIGNATED TO  BE  THE  CHILD'S  ADVISOR
AND,  AS  NECESSARY,  ADVOCATE,  WITH  RESPECT TO THE APPLICATION OF THE
REASONABLE AND PRUDENT PARENT STANDARD TO THE CHILD; and
  S 2. Paragraph (b) of subdivision 7 of section  355.5  of  the  family
court  act, as amended by section 17 of part L of chapter 56 of the laws
of 2015, is amended to read as follows:
  (b) in the case of a respondent who has attained the age of  fourteen,
(I)  the  services  needed, if any, to assist the respondent to make the
transition from foster care to [independent  living]  SUCCESSFUL  ADULT-
HOOD; AND (II)(A) THAT THE PERMANENCY PLAN DEVELOPED FOR THE RESPONDENT,
AND  ANY REVISION OR ADDITION TO THE PLAN, SHALL BE DEVELOPED IN CONSUL-
TATION WITH THE RESPONDENT AND, AT THE OPTION OF THE RESPONDENT, WITH UP
TO TWO MEMBERS OF THE RESPONDENT'S  PERMANENCY  PLANNING  TEAM  WHO  ARE
SELECTED  BY  THE RESPONDENT AND WHO ARE NOT A FOSTER PARENT OF, OR CASE
WORKER, CASE PLANNER OR CASE MANAGER FOR, THE  CHILD,  EXCEPT  THAT  THE
LOCAL  COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY OF THE RESPONDENT OR
THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES  IF  SUCH
OFFICE  HAS  CUSTODY OF THE RESPONDENT MAY REJECT AN INDIVIDUAL SELECTED
BY THE RESPONDENT IF SUCH COMMISSIONER HAS GOOD CAUSE  TO  BELIEVE  THAT
THE  INDIVIDUAL  WOULD  NOT ACT IN THE BEST INTERESTS OF THE RESPONDENT,
AND (B) THAT ONE INDIVIDUAL SO SELECTED BY THE RESPONDENT MAY BE  DESIG-
NATED  TO  BE THE RESPONDENT'S ADVISOR AND, AS NECESSARY, ADVOCATE, WITH
RESPECT  TO  THE  APPLICATION  OF  THE  REASONABLE  AND  PRUDENT  PARENT
STANDARD;

S. 6406--A                         84                         A. 9006--A

  S  3. Paragraph (ii) of subdivision (d) of section 756-a of the family
court act, as amended by section 22 of part L of chapter 56 of the  laws
of 2015, is amended to read as follows:
  (ii)  in the case of a child who has attained the age of fourteen, (A)
the services needed, if any, to assist the child to make the  transition
from  foster  care  to  [independent  living]  SUCCESSFUL ADULTHOOD; AND
(B)(1) THAT THE  PERMANENCY  PLAN  DEVELOPED  FOR  THE  CHILD,  AND  ANY
REVISION OR ADDITION TO THE PLAN SHALL BE DEVELOPED IN CONSULTATION WITH
THE  CHILD  AND,  AT  THE OPTION OF THE CHILD, WITH UP TO TWO ADDITIONAL
MEMBERS OF THE CHILD'S PERMANENCY PLANNING TEAM WHO ARE SELECTED BY  THE
CHILD  AND  WHO ARE NOT A FOSTER PARENT OF, OR CASE WORKER, CASE PLANNER
OR CASE MANAGER FOR, THE CHILD, EXCEPT THAT THE  LOCAL  COMMISSIONER  OF
SOCIAL  SERVICES  WITH  CUSTODY OF THE CHILD MAY REJECT AN INDIVIDUAL SO
SELECTED BY THE CHILD IF SUCH COMMISSIONER HAS  GOOD  CAUSE  TO  BELIEVE
THAT  THE  INDIVIDUAL  WOULD NOT ACT IN THE BEST INTERESTS OF THE CHILD,
AND (2) THAT ONE INDIVIDUAL SO SELECTED BY THE CHILD MAY  BE  DESIGNATED
TO  BE  THE  CHILD'S ADVISOR AND, AS NECESSARY, ADVOCATE WITH RESPECT TO
THE APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD;
  S 4. Subdivisions 1 and 2 of section 458-c of the social services law,
as added by section 4 of part F of chapter 58 of the laws of  2010,  are
amended to read as follows:
  1.  A  social  services official shall make payments for non-recurring
guardianship expenses incurred by or  on  behalf  of  the  relatives  OR
SUCCESSOR  GUARDIANS who have been approved by the social services offi-
cial to receive kinship  guardianship  assistance  payments,  when  such
expenses  are incurred in connection with assuming the guardianship of a
foster child OR A FORMER FOSTER CHILD IN REGARD TO SUCCESSOR  GUARDIANS.
The  agreement  for  the  payment of non-recurring guardianship expenses
must be reflected in the written agreement set forth in subdivision four
of section four hundred fifty-eight-b of this title. In accordance  with
subdivision  two  of  this  section,  the  payments shall be made by the
social services official either to the relative OR SUCCESSOR guardian or
guardians directly or to an  attorney  on  behalf  of  the  relative  OR
SUCCESSOR guardian or guardians, AS APPLICABLE, for the allowable amount
of  non-recurring  guardianship  expenses  incurred  in  connection with
obtaining such guardianship.
  2. The amount of the payment made pursuant to this section  shall  not
exceed  two  thousand  dollars  for  each  foster  child  for  whom  the
relatives, OR EACH FORMER FOSTER CHILD FOR WHOM THE SUCCESSOR GUARDIANS,
seek guardianship or permanent guardianship and shall be available  only
for  those expenses that are determined to be eligible for reimbursement
by the social services official in accordance with  the  regulations  of
the office of children and family services.
  S  5. The social services law is amended by adding a new section 383-a
to read as follows:
  S 383-A. QUALIFIED IMMUNITY FROM  LIABILITY  FOR  APPLICATION  OF  THE
REASONABLE AND PRUDENT PARENT STANDARD.  1. DEFINITIONS. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "CAREGIVER"  SHALL  MEAN A FOSTER PARENT, THE EMPLOYEE OF A CHILD
CARE FACILITY OPERATED BY A VOLUNTARY AUTHORIZED AGENCY THAT  IS  DESIG-
NATED  TO  APPLY  THE REASONABLE AND PRUDENT PARENT STANDARD, OR A LOCAL
DEPARTMENT OF SOCIAL SERVICES OR A VOLUNTARY AUTHORIZED AGENCY  THAT  IS
RESPONSIBLE FOR THE CARE OF A FOSTER CHILD AT THE RELEVANT TIME.
  (B)  "CHILD"  SHALL  MEAN  A CHILD WHO IS IN FOSTER CARE OR WHO WAS IN
FOSTER CARE AT THE RELEVANT TIME.

S. 6406--A                         85                         A. 9006--A

  (C) "CHILD CARE FACILITY" SHALL MEAN AN INSTITUTION, GROUP  RESIDENCE,
GROUP  HOME,  AGENCY  OPERATED  BOARDING HOME, OR SUPERVISED INDEPENDENT
LIVING PROGRAM.
  (D) "REASONABLE AND PRUDENT PARENT STANDARD" SHALL MEAN, IN ACCORDANCE
WITH  42  U.S.C. 675 AS AMENDED BY P.L. 113-183, THE STANDARD CHARACTER-
IZED BY CAREFUL  AND  SENSIBLE  PARENTAL  DECISIONS  THAT  MAINTAIN  THE
HEALTH,  SAFETY,  AND  BEST  INTERESTS OF A CHILD WHILE AT THE SAME TIME
ENCOURAGING THE EMOTIONAL AND DEVELOPMENTAL GROWTH OF THE CHILD  THAT  A
CAREGIVER  SHALL USE WHEN DETERMINING WHETHER TO ALLOW A CHILD IN FOSTER
CARE TO PARTICIPATE IN EXTRACURRICULAR, ENRICHMENT, CULTURAL  OR  SOCIAL
ACTIVITIES.
  2.  A  CAREGIVER  SHALL  NOT  BE LIABLE FOR INJURIES TO THE CHILD THAT
OCCUR AS A RESULT OF  ACTING  IN  ACCORDANCE  WITH  THE  REASONABLE  AND
PRUDENT  PARENT  STANDARD AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE
OF THIS SECTION, UNLESS SUCH INJURIES WERE CAUSED BY GROSS NEGLIGENCE OR
WILLFUL AND WANTON MISCONDUCT ON THE PART OF SUCH CAREGIVER.
  3. IN DETERMINING WHETHER THE REASONABLE AND PRUDENT  PARENT  STANDARD
WAS  APPLIED BY A CAREGIVER IN RELATION TO A PARTICULAR CHILD, ANY GUID-
ANCE ISSUED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OR THE  UNITED
STATES  DEPARTMENT  OF  HEALTH  AND HUMAN SERVICES IN ACCORDANCE WITH 42
U.S.C. 675 AS AMENDED BY P.L. 113-183, MAY BE CONSIDERED.
  S 6. The opening paragraph  of  paragraph  (e)  of  subdivision  2  of
section  378-a  of  the social services law, as amended by section 10 of
part L of chapter 56 of the laws of 2015, is amended to read as follows:
  [After] EXCEPT AS SET FORTH IN PARAGRAPH (M) OF  THIS  SECTION,  AFTER
reviewing  any criminal history record information provided by the divi-
sion of criminal justice services, the office  of  children  and  family
services  shall  promptly  notify  the  authorized agency or other state
agency that:
  S 7. Subdivision 2 of section 378-a of  the  social  services  law  is
amended by adding a new paragraph (m) to read as follows:
  (M)(1)  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES SHALL NOT RELEASE
THE CONTENT OF THE RESULTS OF THE  NATIONWIDE  CRIMINAL  HISTORY  RECORD
CHECK  CONDUCTED  BY  THE  FEDERAL BUREAU OF INVESTIGATION IN ACCORDANCE
WITH THIS SUBDIVISION TO AN AUTHORIZED AGENCY, AS DEFINED IN  PARAGRAPHS
(A)  OR  (C)  OF SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF
THIS TITLE.
  (2) FOR ANY APPLICATION MADE TO SUCH AN AUTHORIZED AGENCY  UNDER  THIS
SUBDIVISION, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL:
  (A) REVIEW AND EVALUATE THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY
RECORD  CHECK  OF  THE  PROSPECTIVE  FOSTER PARENT, PROSPECTIVE ADOPTIVE
PARENT AND ANY OTHER PERSON OVER THE AGE OF EIGHTEEN WHO RESIDES IN  THE
HOME  OF  SUCH  APPLICANT  IN ACCORDANCE WITH THE STANDARDS SET FORTH IN
PARAGRAPH (E) OF THIS SUBDIVISION RELATING  TO  MANDATORY  DISQUALIFYING
CONVICTIONS,  HOLD IN ABEYANCE CHARGES OR CONVICTIONS, AND DISCRETIONARY
CHARGES AND CONVICTIONS; AND
  (B) BASED ON THE RESULTS OF THE  NATIONWIDE  CRIMINAL  HISTORY  RECORD
CHECK,  INFORM  SUCH  AUTHORIZED AGENCY THAT THE APPLICATION FOR CERTIF-
ICATION OR APPROVAL OF THE PROSPECTIVE FOSTER PARENT OR THE  PROSPECTIVE
ADOPTIVE  PARENT  EITHER: (I) MUST BE DENIED; (II) MUST BE HELD IN ABEY-
ANCE PENDING SUBSEQUENT NOTIFICATION FROM THE  OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES;  OR  (III)  THAT  THE  OFFICE  OF  CHILDREN AND FAMILY
SERVICES HAS NO OBJECTION,  SOLELY  BASED  ON  THE  NATIONWIDE  CRIMINAL
HISTORY RECORD CHECK, FOR THE AUTHORIZED AGENCY TO PROCEED WITH A DETER-
MINATION ON SUCH APPLICATION BASED ON THE STANDARDS FOR CERTIFICATION OR
APPROVAL  OF A PROSPECTIVE FOSTER PARENT OR PROSPECTIVE ADOPTIVE PARENT,

S. 6406--A                         86                         A. 9006--A

AS SET FORTH IN THE REGULATIONS OF THE OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES.
  (3)  WHERE  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES DIRECTS THE
AUTHORIZED AGENCY TO DENY THE APPLICATION OF A PROSPECTIVE FOSTER PARENT
OR A PROSPECTIVE ADOPTIVE PARENT IN ACCORDANCE WITH THIS PARAGRAPH,  THE
OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALSO NOTIFY THE PROSPECTIVE
FOSTER  PARENT, PROSPECTIVE ADOPTIVE PARENT OR OTHER PERSON OVER THE AGE
OF EIGHTEEN WHO RESIDED IN THE HOME  OF  THE  APPLICANT  WHOSE  CRIMINAL
HISTORY WAS THE BASIS FOR THE DENIAL.
  (4)  THIS  PARAGRAPH  DOES  NOT  APPLY  TO NATIONWIDE CRIMINAL HISTORY
RECORD CHECKS CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION ON BEHALF
OF STATE AGENCIES OR AUTHORIZED AGENCIES, AS DEFINED IN PARAGRAPH (B) OF
SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS  TITLE,  OR
TO  THE RESULTS OF STATEWIDE CRIMINAL HISTORY RECORD CHECKS CONDUCTED BY
THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  S 8. Severability. If any clause,  sentence,  paragraph,  subdivision,
section  or  part contained in any part of this act shall be adjudged by
any court of competent jurisdiction to be invalid, such judgement  shall
not  affect,  impair,  or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence,  paragraph,  subdivi-
sion, section or part contained in any part thereof directly involved in
the  controversy  in which such judgment shall have been rendered. It is
hereby declared to be the intent of the legislature that this act  would
have  been enacted even if such invalid provisions had not been included
herein.
  S 9. This act shall take effect  immediately,  provided  however  that
sections  six  and  seven of this act shall take effect on the ninetieth
day after it shall have become a law.

                                 PART N

  Section 1. The criminal procedure law is amended by adding a new arti-
cle 722 to read as follows:
                               ARTICLE 722
     PROCEEDINGS AGAINST JUVENILE OFFENDERS; ESTABLISHMENT OF YOUTH
                       PART AND RELATED PROCEDURES
SECTION 722.00 PROBATION CASE PLANNING AND SERVICES.
        722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
        722.20 PROCEEDINGS IN A YOUTH PART OF THE SUPERIOR COURT.
S 722.00 PROBATION CASE PLANNING AND SERVICES.
  1. EVERY PROBATION DEPARTMENT SHALL CONDUCT A RISK AND  NEEDS  ASSESS-
MENT  WITH  RESPECT  TO  ANY JUVENILE RELEASED ON RECOGNIZANCE, RELEASED
UNDER SUPERVISION, OR POSTING BAIL FOLLOWING ARRAIGNMENT BY A YOUTH PART
WITHIN ITS JURISDICTION. THE COURT SHALL  ORDER  ANY  SUCH  JUVENILE  TO
REPORT  WITHIN  SEVEN  CALENDAR  DAYS  TO  THE  PROBATION DEPARTMENT FOR
PURPOSES  OF  ASSESSMENT.  BASED  UPON  THE  ASSESSMENT  FINDINGS,   THE
PROBATION  DEPARTMENT  SHALL REFER THE JUVENILE TO AVAILABLE SPECIALIZED
AND EVIDENCE-BASED SERVICES TO MITIGATE  ANY  RISKS  IDENTIFIED  AND  TO
ADDRESS INDIVIDUAL NEEDS.
  2.  ANY  JUVENILE  UNDERGOING  SERVICES  SHALL EXECUTE APPROPRIATE AND
NECESSARY CONSENT FORMS, WHERE APPLICABLE, TO ENSURE THAT THE  PROBATION
DEPARTMENT  MAY  COMMUNICATE  WITH  ANY  SERVICE  PROVIDER  AND  RECEIVE
PROGRESS REPORTS WITH  RESPECT  TO  SERVICES  OFFERED  AND/OR  DELIVERED
INCLUDING,  BUT  NOT  LIMITED  TO, DIAGNOSIS, TREATMENT, PROGNOSIS, TEST
RESULTS, JUVENILE ATTENDANCE AND INFORMATION REGARDING JUVENILE  COMPLI-
ANCE OR NONCOMPLIANCE WITH PROGRAM SERVICE REQUIREMENTS, IF ANY.

S. 6406--A                         87                         A. 9006--A

  3.  NOTHING  SHALL PRECLUDE THE PROBATION DEPARTMENT AND JUVENILE FROM
ENTERING INTO A VOLUNTARY WRITTEN/FORMAL  CASE  PLAN  AS  TO  TERMS  AND
CONDITIONS  TO  BE  MET, INCLUDING, BUT NOT LIMITED TO, REPORTING TO THE
PROBATION DEPARTMENT AND OTHER PROBATION DEPARTMENT CONTACTS, UNDERGOING
ALCOHOL,  SUBSTANCE  ABUSE,  OR  MENTAL HEALTH TESTING, PARTICIPATING IN
SPECIFIC SERVICES, ADHERING TO SERVICE PROGRAM REQUIREMENTS, AND  SCHOOL
ATTENDANCE,   WHERE  APPLICABLE.  FOLLOWING  THE  JUVENILE'S  SUCCESSFUL
COMPLETION OF THE CONDITIONS OF HIS OR HER CASE PLAN,  THE  COURT,  WITH
THE  CONSENT  OF THE DISTRICT ATTORNEY MAY DISMISS THE INDICTMENT OR ANY
COUNT THEREOF IN ACCORDANCE WITH SECTION 210.40 OF THIS CHAPTER.
  4. WHEN PREPARING A PRE-SENTENCE  INVESTIGATION  REPORT  OF  ANY  SUCH
YOUTH,  THE  PROBATION  DEPARTMENT  SHALL  INCORPORATE  A SUMMARY OF THE
ASSESSMENT FINDINGS, ANY REFERRALS AND PROGRESS WITH RESPECT TO MITIGAT-
ING RISK AND ADDRESSING ANY IDENTIFIED JUVENILE NEEDS.
  5. THE PROBATION SERVICE SHALL NOT TRANSMIT OR  OTHERWISE  COMMUNICATE
TO  THE  DISTRICT  ATTORNEY  OR THE YOUTH PART ANY STATEMENT MADE BY THE
JUVENILE OFFENDER TO A PROBATION OFFICER. HOWEVER, THE PROBATION SERVICE
MAY MAKE A RECOMMENDATION REGARDING THE COMPLETION OF HIS  OR  HER  CASE
PLAN  TO  THE  YOUTH  PART AND PROVIDE SUCH INFORMATION AS IT SHALL DEEM
RELEVANT.
  6. NO STATEMENT MADE TO THE PROBATION  SERVICE  DURING  THE  RISK  AND
NEEDS  ASSESSMENT OR WHILE THE JUVENILE OFFENDER IS FOLLOWING HIS OR HER
CASE PLAN MAY BE ADMITTED INTO EVIDENCE AT A FACT-  FINDING  HEARING  AT
ANY TIME PRIOR TO A CONVICTION.
S 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
  THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTABLISH,
IN  A SUPERIOR COURT IN EACH COUNTY OF THE STATE THAT EXERCISES CRIMINAL
JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH PART OF THE SUPE-
RIOR COURT FOR THE COUNTY IN WHICH SUCH COURT PRESIDES.  JUDGES  PRESID-
ING  IN  THE  YOUTH  PART  SHALL  RECEIVE TRAINING IN SPECIALIZED AREAS,
INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT  DEVELOPMENT
AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMISSION BY ADOLES-
CENTS.   THE  YOUTH  PART  SHALL  HAVE  EXCLUSIVE  JURISDICTION  OF  ALL
PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS,  EXCEPT  AS  PROVIDED  IN
SECTION 180.75 OF THIS CHAPTER.
S 722.20 PROCEEDINGS IN A YOUTH PART OF THE SUPERIOR COURT.
  1.  WHEN  A  JUVENILE  OFFENDER  IS ARRAIGNED BEFORE A YOUTH PART, THE
PROVISIONS OF THIS SECTION SHALL APPLY. IF THE  YOUTH  PART  IS  NOT  IN
SESSION,  THE  DEFENDANT  SHALL  BE  BROUGHT  BEFORE THE MOST ACCESSIBLE
MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT  TO
ACT  AS  A  YOUTH PART FOR THE PURPOSE OF MAKING A DETERMINATION WHETHER
SUCH JUVENILE SHALL BE DETAINED. IF  THE  DEFENDANT  IS  ORDERED  TO  BE
DETAINED,  HE  OR  SHE  SHALL  BE BROUGHT BEFORE THE NEXT SESSION OF THE
YOUTH PART. IF THE DEFENDANT IS NOT DETAINED, HE OR SHE SHALL BE ORDERED
TO APPEAR AT THE NEXT SESSION OF THE YOUTH PART.
  2. IF THE DEFENDANT WAIVES A HEARING UPON THE  FELONY  COMPLAINT,  THE
COURT  MUST ORDER THAT THE DEFENDANT BE HELD FOR THE ACTION OF THE GRAND
JURY WITH RESPECT TO THE CHARGE  OR  CHARGES  CONTAINED  IN  THE  FELONY
COMPLAINT.
  3.  IF  THERE BE A HEARING, THEN AT THE CONCLUSION OF THE HEARING, THE
COURT MUST DISPOSE OF THE FELONY COMPLAINT AS FOLLOWS:
  (A) IF THERE IS A REASONABLE  CAUSE  TO  BELIEVE  THAT  THE  DEFENDANT
COMMITTED  A  CRIME  FOR  WHICH  A PERSON UNDER THE AGE OF SEVENTEEN, OR
COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON UNDER THE  AGE
OF  EIGHTEEN  IS  CRIMINALLY  RESPONSIBLE, THE COURT MUST ORDER THAT THE
DEFENDANT BE HELD FOR THE ACTION OF A GRAND JURY; OR

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  (B) IF THERE IS NOT REASONABLE CAUSE TO  BELIEVE  THAT  THE  DEFENDANT
COMMITTED  A  CRIME  FOR  WHICH  A PERSON UNDER THE AGE OF SEVENTEEN, OR
COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON UNDER THE  AGE
OF  EIGHTEEN  IS CRIMINALLY RESPONSIBLE BUT THERE IS REASONABLE CAUSE TO
BELIEVE  THAT  THE  DEFENDANT  IS  A "JUVENILE DELINQUENT" AS DEFINED IN
SUBDIVISION ONE OF SECTION 301.2 OF THE FAMILY COURT ACT, THE COURT MUST
SPECIFY THE ACT OR ACTS IT FOUND REASONABLE CAUSE TO BELIEVE THE DEFEND-
ANT DID AND DIRECT THAT THE ACTION BE REMOVED TO  THE  FAMILY  COURT  IN
ACCORDANCE  WITH  THE PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF
THIS TITLE; OR
  (C) IF THERE IS NOT REASONABLE CAUSE TO  BELIEVE  THAT  THE  DEFENDANT
COMMITTED  ANY CRIMINAL ACT, THE COURT MUST DISMISS THE FELONY COMPLAINT
AND DISCHARGE THE DEFENDANT FROM CUSTODY IF HE OR SHE IS IN CUSTODY,  OR
IF HE OR SHE IS AT LIBERTY ON BAIL, IT MUST EXONERATE THE BAIL.
  4.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
SECTION, A YOUTH PART SHALL, WITH THE CONSENT OF THE DISTRICT  ATTORNEY,
(A)  ORDER  REMOVAL  OF AN ACTION AGAINST A JUVENILE OFFENDER ACCUSED OF
ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION  TWO  OF  SECTION
160.10  OF THE PENAL LAW AND A JUVENILE OFFENDER ACCUSED OF COMMITTING A
VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL  LAW  AT
AGE  SIXTEEN,  OR  AFTER  JANUARY  FIRST,  TWO THOUSAND NINETEEN, AT AGE
SIXTEEN OR SEVENTEEN, FOR WHICH A YOUTH AGE FIFTEEN OR  YOUNGER  IS  NOT
CRIMINALLY  RESPONSIBLE,  TO THE FAMILY COURT PURSUANT TO THE PROVISIONS
OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS TITLE IF,  AFTER  CONSIDER-
ATION OF THE FACTORS SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION, THE
COURT  DETERMINES  THAT  TO  DO SO WOULD BE IN THE INTERESTS OF JUSTICE.
PROVIDED, HOWEVER, THAT THE COURT SHALL FIND THAT SUCH REMOVAL IS NOT IN
THE INTERESTS OF JUSTICE IF THE YOUTH PLAYED A PRIMARY ROLE  IN  COMMIS-
SION OF THE CRIME OR AGGRAVATING CIRCUMSTANCES, INCLUDING BUT NOT LIMIT-
ED TO THE YOUTH'S USE OF A WEAPON, ARE PRESENT.
  (B)  AT  THE  REQUEST  OF  THE  DISTRICT ATTORNEY, ORDER REMOVAL OF AN
ACTION AGAINST A JUVENILE OFFENDER, OTHER  THAN  AN  ACTION  SUBJECT  TO
PARAGRAPH  (A)  OF THIS SUBDIVISION, TO THE FAMILY COURT PURSUANT TO THE
PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS TITLE  IF,  UPON
CONSIDERATION  OF THE CRITERIA SET FORTH IN PARAGRAPH (C) OF THIS SUBDI-
VISION, IT IS DETERMINED THAT TO DO SO WOULD  BE  IN  THE  INTERESTS  OF
JUSTICE.  WHERE,  HOWEVER,  THE  FELONY  COMPLAINT  CHARGES THE JUVENILE
OFFENDER CHARGED WITH MURDER IN THE SECOND DEGREE AS DEFINED IN  SECTION
125.25  OF THE PENAL LAW; RAPE IN THE FIRST DEGREE, AS DEFINED IN SUBDI-
VISION ONE OF SECTION 130.35 OF THE PENAL LAW; CRIMINAL  SEXUAL  ACT  IN
THE FIRST DEGREE, AS DEFINED IN SUBDIVISION ONE OF SECTION 130.50 OF THE
PENAL  LAW; COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE
AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 130.75 OF  THE
PENAL  LAW; PREDATORY SEXUAL ASSAULT AS DEFINED IN SECTION 130.95 OF THE
PENAL LAW WHERE THE UNDERLYING CRIME IS RAPE IN  THE  FIRST  DEGREE,  AS
DEFINED  IN SUBDIVISION ONE OF SECTION 130.35 OF THE PENAL LAW OR CRIMI-
NAL SEXUAL ACT IN THE FIRST DEGREE, AS DEFINED  IN  SUBDIVISION  ONE  OF
SECTION  130.50 OF THE PENAL LAW; OR AN ARMED FELONY AS DEFINED IN PARA-
GRAPH (A) OF SUBDIVISION FORTY-ONE OF SECTION 1.20 OF  THIS  CHAPTER,  A
DETERMINATION  THAT SUCH ACTION BE REMOVED TO THE FAMILY COURT SHALL, IN
ADDITION, BE BASED UPON A FINDING  OF  ONE  OR  MORE  OF  THE  FOLLOWING
FACTORS: (I) MITIGATING CIRCUMSTANCES THAT BEAR DIRECTLY UPON THE MANNER
IN  WHICH  THE CRIME WAS COMMITTED; (II) WHERE THE DEFENDANT WAS NOT THE
SOLE PARTICIPANT IN THE CRIME, THE DEFENDANT'S PARTICIPATION  WAS  RELA-
TIVELY  MINOR  ALTHOUGH  NOT  SO MINOR AS TO CONSTITUTE A DEFENSE TO THE
PROSECUTION; OR (III) POSSIBLE DEFICIENCIES IN THE PROOF OF THE CRIME.

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  (C) IN MAKING ITS DETERMINATION PURSUANT  TO  PARAGRAPH  (A)  OF  THIS
SUBDIVISION  THE COURT SHALL, TO THE EXTENT APPLICABLE, EXAMINE INDIVID-
UALLY AND COLLECTIVELY, THE FOLLOWING:
  (I) THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE;
  (II) THE EXTENT OF HARM CAUSED BY THE OFFENSE;
  (III)  THE  EVIDENCE  OF  GUILT, WHETHER ADMISSIBLE OR INADMISSIBLE AT
TRIAL;
  (IV) THE HISTORY, CHARACTER AND CONDITION OF THE DEFENDANT;
  (V) THE PURPOSE AND EFFECT OF IMPOSING UPON THE DEFENDANT  A  SENTENCE
AUTHORIZED FOR THE OFFENSE;
  (VI)  THE  IMPACT  OF A REMOVAL OF THE CASE TO THE FAMILY COURT ON THE
SAFETY OR WELFARE OF THE COMMUNITY;
  (VII) THE IMPACT OF A REMOVAL OF THE CASE TO THE FAMILY COURT UPON THE
CONFIDENCE OF THE PUBLIC IN THE CRIMINAL JUSTICE SYSTEM;
  (VIII) WHERE THE COURT DEEMS  IT  APPROPRIATE,  THE  ATTITUDE  OF  THE
COMPLAINANT OR VICTIM WITH RESPECT TO THE MOTION; AND
  (IX)  ANY OTHER RELEVANT FACT INDICATING THAT A JUDGMENT OF CONVICTION
IN THE CRIMINAL COURT WOULD SERVE NO USEFUL PURPOSE.
  (D) FOR THE PURPOSE OF MAKING A DETERMINATION WHETHER  TO  REMOVE  THE
CASE TO FAMILY COURT PURSUANT TO THIS SUBDIVISION, ANY EVIDENCE WHICH IS
NOT  LEGALLY  PRIVILEGED  MAY BE INTRODUCED. IF THE DEFENDANT TESTIFIES,
HIS OR HER TESTIMONY MAY NOT BE INTRODUCED AGAINST HIM  OR  HER  IN  ANY
FUTURE PROCEEDING, EXCEPT TO IMPEACH HIS OR HER TESTIMONY AT SUCH FUTURE
PROCEEDING AS INCONSISTENT PRIOR TESTIMONY.
  (E)  THIS  SECTION  SHALL  NOT BE CONSTRUED TO LIMIT THE POWERS OF THE
GRAND JURY.
  5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO, THREE,  OR  FOUR
OF  THIS SECTION, IF A CURRENTLY UNDETERMINED FELONY COMPLAINT AGAINST A
JUVENILE OFFENDER IS PENDING IN THE YOUTH PART, AND  THE  DEFENDANT  HAS
NOT  WAIVED  A HEARING PURSUANT TO SUBDIVISION TWO OF THIS SECTION AND A
HEARING PURSUANT TO SUBDIVISION THREE HAS NOT COMMENCED,  THE  DEFENDANT
MAY  MOVE  IN  THE YOUTH PART, TO REMOVE THE ACTION TO FAMILY COURT. THE
PROCEDURAL RULES OF SUBDIVISIONS ONE AND TWO OF SECTION 210.45  OF  THIS
CHAPTER  ARE  APPLICABLE  TO A MOTION PURSUANT TO THIS SUBDIVISION. UPON
SUCH MOTION, THE SUPERIOR COURT SHALL PROCEED AND DETERMINE  THE  MOTION
AS  PROVIDED  IN SECTION 210.43 OF THIS CHAPTER; PROVIDED, HOWEVER, THAT
THE EXCEPTION PROVISIONS OF PARAGRAPH (B) OF  SUBDIVISION  ONE  OF  SUCH
SECTION  210.43  SHALL  NOT  APPLY WHEN THERE IS NOT REASONABLE CAUSE TO
BELIEVE THAT THE JUVENILE OFFENDER COMMITTED ONE OR MORE OF  THE  CRIMES
ENUMERATED  THEREIN,  AND  IN SUCH EVENT THE PROVISIONS OF PARAGRAPH (A)
THEREOF SHALL APPLY.
  S 2. The opening paragraph and subdivisions 2 and 3 of section  725.05
of  the  criminal  procedure law, as added by chapter 481 of the laws of
1978, are amended to read as follows:
  When a [court] YOUTH PART directs that an action or charge  is  to  be
removed  to  the family court the [court] YOUTH PART must issue an order
of removal in accordance with this section.    Such  order  must  be  as
follows:
  2.    Where  the  direction is authorized pursuant to paragraph (b) of
subdivision [three] TWO of section [180.75]  725.20  of  this  [chapter]
TITLE,  it  must  specify  the  act or acts it found reasonable cause to
believe the defendant did.
  3.  Where the direction is authorized pursuant to  subdivision  [four]
THREE of section [180.75] 725.20 of this [chapter] TITLE, it must speci-
fy the act or acts it found reasonable cause to allege.

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  S 3. Section 725.20 of the criminal procedure law, as added by chapter
481  of the laws of 1978, subdivisions 1 and 2 as amended by chapter 411
of the laws of 1979, is amended to read as follows:
S 725.20  Record of certain actions removed.
  1.    The  provisions of this section shall apply in any case where an
order of removal to the family court is entered pursuant to a  direction
authorized  by  subdivision  [four]  THREE of THIS section [180.75], [or
section 210.43,] or subparagraph (iii) of paragraph [(h)] (G) of  subdi-
vision five of section 220.10 of this chapter, or section 330.25 of this
chapter.
  2.  When such an action is removed the court that directed the removal
must  cause  the following additional records to be filed with the clerk
of the county court or in the city of New York with  the  clerk  of  the
supreme  court of the county wherein the action was pending and with the
division of criminal justice services:
  (a) A certified copy of the order of removal;
  (b) [Where the direction is one  authorized  by  subdivision  four  of
section  180.75 of this chapter, a copy of the statement of the district
attorney made pursuant to paragraph (b) of subdivision  six  of  section
180.75 of this chapter;
  (c)    Where  the direction is authorized by section 180.75, a copy of
the portion of the minutes containing the statement by the court  pursu-
ant to paragraph (a) of subdivision six of such section 180.75;
  (d)]  Where  the  direction is one authorized by subparagraph (iii) of
paragraph [(h)] (G) of subdivision five of  section  220.10  or  section
330.25  of  this  chapter,  a copy of the minutes of the plea of guilty,
including the minutes of the memorandum submitted by the district attor-
ney and the court;
  [(e)  Where the direction is one  authorized  by  subdivision  one  of
section  210.43  of  this chapter, a copy of that portion of the minutes
containing the statement by the  court  pursuant  to  paragraph  (a)  of
subdivision five of section 210.43;
  (f)   Where the direction is one authorized by paragraph (b) of subdi-
vision one of section 210.43 of this chapter, a copy of that portion  of
the  minutes  containing  the  statement  of  the district attorney made
pursuant to paragraph (b) of subdivision five of section 210.43;] and
  [(g)] (C) In addition to the records specified  in  this  subdivision,
such  further statement or submission of additional information pertain-
ing to the proceeding in criminal court  in  accordance  with  standards
established  by  the  commissioner  of  the division of criminal justice
services, subject  to  the  provisions  of  subdivision  three  of  this
section.
  3.  It shall be the duty of said clerk to maintain a separate file for
copies  of  orders  and  minutes filed pursuant to this section.    Upon
receipt of such orders and minutes the clerk must promptly  delete  such
portions  as would identify the defendant, but the clerk shall neverthe-
less maintain a separate confidential system to  enable  correlation  of
the  documents  so  filed  with identification of the defendant.   After
making such deletions the orders and minutes shall be placed within  the
file  and  must be available for public inspection.  Information permit-
ting correlation of any such record with the identity of  any  defendant
shall  not  be  divulged to any person except upon order of a justice of
the supreme court based upon a finding that the public interest  or  the
interests  of  justice  warrant  disclosure  in a particular cause for a
particular case or for a particular purpose or use.

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  S 4. The article heading of article 100 of the criminal procedure  law
is amended to read as follows:
                     COMMENCEMENT OF ACTION IN LOCAL
        CRIMINAL COURT OR YOUTH PART OF A SUPERIOR COURT--[LOCAL
                 CRIMINAL COURT] ACCUSATORY INSTRUMENTS
  S  5. The first undesignated paragraph of section 100.05 of the crimi-
nal procedure law is amended to read as follows:
  A criminal action is commenced by the filing of an accusatory  instru-
ment  with a criminal court, OR, IN THE CASE OF A JUVENILE OFFENDER, THE
YOUTH PART OF THE SUPERIOR COURT, and if more than one  such  instrument
is  filed  in  the  course  of  the  same  criminal  action, such action
commences when the first of such instruments is filed.  The only way  in
which a criminal action can be commenced in a superior court, OTHER THAN
A  CRIMINAL  ACTION AGAINST A JUVENILE OFFENDER, is by the filing there-
with by a grand jury of an indictment against a defendant who has  never
been  held  by  a local criminal court for the action of such grand jury
with respect to any charge contained in such indictment.   Otherwise,  a
criminal  action can be commenced only in a local criminal court, by the
filing therewith of a local criminal court accusatory instrument,  name-
ly:
  S  6.  The  section heading and subdivision 5 of section 100.10 of the
criminal procedure law are amended to read as follows:
  Local criminal court AND YOUTH PART OF THE SUPERIOR  COURT  accusatory
instruments; definitions thereof.
  5.  A "felony complaint" is a verified written accusation by a person,
filed  with a local criminal court, OR YOUTH PART OF THE SUPERIOR COURT,
charging one or more other persons with the commission of  one  or  more
felonies.    It  serves  as  a  basis for the commencement of a criminal
action, but not as a basis for prosecution thereof.
  S 7. The section heading of section 100.40 of the  criminal  procedure
law is amended to read as follows:
  Local  criminal  court AND YOUTH PART OF THE SUPERIOR COURT accusatory
instruments; sufficiency on face.
  S 8. The criminal procedure law is amended by  adding  a  new  section
100.60 to read as follows:
S  100.60  YOUTH  PART  OF THE SUPERIOR COURT ACCUSATORY INSTRUMENTS; IN
           WHAT COURTS FILED.
  ANY YOUTH PART OF THE SUPERIOR  COURT  ACCUSATORY  INSTRUMENT  MAY  BE
FILED  WITH  THE YOUTH PART OF THE SUPERIOR COURT OF A PARTICULAR COUNTY
WHEN AN OFFENSE CHARGED THEREIN WAS ALLEGEDLY COMMITTED IN  SUCH  COUNTY
OR THAT PART THEREOF OVER WHICH SUCH COURT HAS JURISDICTION.
  S  9. The article heading of article 110 of the criminal procedure law
is amended to read as follows:
                    REQUIRING DEFENDANT'S APPEARANCE
         IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT
                             FOR ARRAIGNMENT
  S 10. Section 110.10 of the criminal procedure law is amended to  read
as follows:
S  110.10  Methods of requiring defendant's appearance in local criminal
             court OR YOUTH PART OF THE SUPERIOR COURT for  arraignment;
             in general.
  1.  After  a  criminal  action  has been commenced in a local criminal
court OR YOUTH PART OF THE SUPERIOR COURT by the filing of an accusatory
instrument therewith, a defendant who has  not  been  arraigned  in  the
action and has not come under the control of the court may under certain

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circumstances  be  compelled  or required to appear for arraignment upon
such accusatory instrument by:
  (a)  The issuance and execution of a warrant of arrest, as provided in
article one hundred twenty; or
  (b)    The  issuance and service upon him of a summons, as provided in
article one hundred thirty; or
  (c)  Procedures provided in articles five hundred sixty, five  hundred
seventy,  five  hundred  eighty, five hundred ninety and six hundred for
securing attendance of defendants in criminal actions  who  are  not  at
liberty within the state.
  2.  Although no criminal action against a person has been commenced in
any  court,  he may under certain circumstances be compelled or required
to appear in a local criminal court OR YOUTH PART OF  A  SUPERIOR  COURT
for  arraignment  upon an accusatory instrument to be filed therewith at
or before the time of his appearance by:
  (a)  An arrest made without a warrant,  as  provided  in  article  one
hundred forty; or
  (b)    The  issuance  and service upon him of an appearance ticket, as
provided in article one hundred fifty.
  S 11. Section 110.20 of the criminal  procedure  law,  as  amended  by
chapter 843 of the laws of 1980, is amended to read as follows:
S 110.20  Local criminal court OR YOUTH PART OF THE SUPERIOR COURT accu-
             satory instruments; notice thereof to district attorney.
  When  a  criminal action in which a crime is charged is commenced in a
local criminal court, OR YOUTH PART OF THE SUPERIOR COURT other than the
criminal court of the city of New York, a copy of the accusatory instru-
ment shall be promptly transmitted to the appropriate district  attorney
upon  or  prior  to  the  arraignment of the defendant on the accusatory
instrument.  If a police officer or a peace officer is  the  complainant
or  the filer of a simplified information, or has arrested the defendant
or brought him before the local criminal court  OR  YOUTH  PART  OF  THE
SUPERIOR  COURT on behalf of an arresting person pursuant to subdivision
one of section 140.20, such officer or his  agency  shall  transmit  the
copy  of the accusatory instrument to the appropriate district attorney.
In all other cases, the clerk of the court in  which  the  defendant  is
arraigned shall so transmit it.
  S  12. The opening paragraph of subdivision 1 of section 120.20 of the
criminal procedure law, as amended by chapter 506 of the laws  of  2000,
is amended to read as follows:
  When a criminal action has been commenced in a local criminal court OR
YOUTH PART OF THE SUPERIOR COURT by the filing therewith of an accusato-
ry  instrument,  other  than a simplified traffic information, against a
defendant who has not been arraigned upon such accusatory instrument and
has not come under the control of the court with respect thereto:
  S 13. Section 120.30 of the criminal procedure law is amended to  read
as follows:
S  120.30  Warrant of arrest; by what courts issuable and in what courts
             returnable.
  1.  A warrant of arrest may be issued only by the local criminal court
OR YOUTH PART OF THE SUPERIOR COURT with which the underlying accusatory
instrument has been filed, and it may be made returnable in such issuing
court only.
  2.  The particular local criminal court or courts OR YOUTH PART OF THE
SUPERIOR COURT with which any particular local criminal court  OR  YOUTH
PART  OF  THE  SUPERIOR COURT accusatory instrument may be filed for the
purpose of obtaining a warrant of arrest are determined,  generally,  by

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the  provisions  of section 100.55 OR 100.60.  If, however, a particular
accusatory instrument may pursuant to said section 100.55 be filed  with
a particular town court and such town court is not available at the time
such instrument is sought to be filed and a warrant obtained, such accu-
satory instrument may be filed with the town court of any adjoining town
of  the  same county.   If such instrument may be filed pursuant to said
section 100.55 with a particular village court and such village court is
not available at the time, it may be filed with the town  court  of  the
town  embracing  such  village,  or  if such town court is not available
either, with the town court of any adjoining town of the same county.
  S 14. Section 120.55 of the criminal  procedure  law,  as  amended  by
section  71 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
S 120.55  Warrant of arrest; defendant under parole or probation  super-
             vision.
  If  the  defendant  named within a warrant of arrest issued by a local
criminal court OR YOUTH PART OF  THE  SUPERIOR  COURT  pursuant  to  the
provisions  of  this  article, or by a superior court issued pursuant to
subdivision three of section 210.10 of this chapter, is under the super-
vision of the state department of corrections and community  supervision
or  a local or state probation department, then a warrant for his or her
arrest may be executed by a parole officer or  probation  officer,  when
authorized by his or her probation director, within his or her geograph-
ical area of employment.  The execution of the warrant by a parole offi-
cer or probation officer shall be upon the same conditions and conducted
in  the  same  manner as provided for execution of a warrant by a police
officer.
  S 15. Subdivision 1 of section 120.70 of the criminal procedure law is
amended to read as follows:
  1.  A warrant of arrest issued by a district court, by  the  New  York
City criminal court, THE YOUTH PART OF A SUPERIOR COURT or by a superior
court  judge  sitting as a local criminal court may be executed anywhere
in the state.
  S 16. Subdivisions 1 and 6 of section 120.90 of the criminal procedure
law, as amended by chapter 424 of the laws of 1998, are  amended  and  a
new subdivision 5-a is added to read as follows:
  1.    Upon arresting a defendant for any offense pursuant to a warrant
of arrest in the county in which the warrant is  returnable  or  in  any
adjoining  county,  or  upon  so arresting him for a felony in any other
county, a police officer, if he be one to whom the warrant is addressed,
must without unnecessary delay bring  the  defendant  before  the  local
criminal court OR YOUTH PART OF THE SUPERIOR COURT in which such warrant
is returnable.
  5-A.  WHENEVER A POLICE OFFICER IS REQUIRED, PURSUANT TO THIS SECTION,
TO BRING AN ARRESTED DEFENDANT BEFORE A YOUTH PART OF A  SUPERIOR  COURT
IN  WHICH  A  WARRANT  OF ARREST IS RETURNABLE, AND IF SUCH COURT IS NOT
AVAILABLE AT THE TIME, SUCH OFFICER MUST BRING SUCH DEFENDANT BEFORE THE
MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION  OF  THE
SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
  6.   Before bringing a defendant arrested pursuant to a warrant before
the local criminal court OR YOUTH PART OF A SUPERIOR COURT in which such
warrant is returnable, a police officer must without  unnecessary  delay
perform  all fingerprinting and other preliminary police duties required
in the particular case. In any  case  in  which  the  defendant  is  not
brought  by a police officer before such court but, following his arrest
in another county for an offense specified in subdivision one of section

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160.10, is released by a local criminal court of such  other  county  on
his  own  recognizance or on bail for his appearance on a specified date
before the local criminal court before which the warrant is  returnable,
the  latter  court  must,  upon  arraignment of the defendant before it,
direct that he be fingerprinted by the appropriate  officer  or  agency,
and  that he appear at an appropriate designated time and place for such
purpose.
  S 17. Subdivision 1 of section 130.10 of the criminal  procedure  law,
as  amended  by  chapter  446 of the laws of 1993, is amended to read as
follows:
  1. A summons is a process issued by a local criminal court directing a
defendant designated in an information, a  prosecutor's  information,  a
felony  complaint or a misdemeanor complaint filed with such court, OR A
YOUTH PART OF A SUPERIOR COURT DIRECTING A  DEFENDANT  DESIGNATED  IN  A
FELONY  COMPLAINT,  or  by a superior court directing a defendant desig-
nated in an indictment filed with such court, to appear before it  at  a
designated  future  time  in connection with such accusatory instrument.
The sole function of a summons is to achieve a defendant's court appear-
ance in a criminal action for the purpose of arraignment upon the  accu-
satory instrument by which such action was commenced.
  S  18.  Section  130.30  of  the criminal procedure law, as amended by
chapter 506 of the laws of 2000, is amended to read as follows:
S 130.30 Summons; when issuable.
  A local criminal court OR YOUTH PART OF THE SUPERIOR COURT may issue a
summons in any case in which, pursuant to section 120.20, it is  author-
ized  to  issue  a  warrant  of  arrest  based  upon  an  information, a
prosecutor's information, a felony complaint or a misdemeanor complaint.
If such  information,  prosecutor's  information,  felony  complaint  or
misdemeanor  complaint  is  not  sufficient on its face as prescribed in
section 100.40, and if the court is satisfied that on the basis  of  the
available  facts  or evidence it would be impossible to draw and file an
authorized accusatory instrument that is sufficient  on  its  face,  the
court must dismiss the accusatory instrument. A superior court may issue
a  summons  in  any  case  in  which,  pursuant to section 210.10, it is
authorized to issue a warrant of arrest based upon an indictment.
  S 19. Subdivision 1 of section 140.20 of the criminal procedure law is
amended by adding a new paragraph (e) to read as follows:
  (E) IF THE ARREST IS FOR A PERSON  UNDER  THE  AGE  OF  SEVENTEEN  OR,
COMMENCING  JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON UNDER THE AGE
OF EIGHTEEN, SUCH PERSON SHALL BE BROUGHT BEFORE THE YOUTH PART  OF  THE
SUPERIOR  COURT.  IF THE YOUTH PART IS NOT IN SESSION, SUCH PERSON SHALL
BE BROUGHT BEFORE THE  MOST  ACCESSIBLE  MAGISTRATE  DESIGNATED  BY  THE
APPELLATE  DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO
ACT AS A YOUTH PART.
  S 20. Subdivision 6 of section 140.20 of the criminal  procedure  law,
as  added  by  chapter  411  of  the laws of 1979, is amended to read as
follows:
  6. Upon arresting a juvenile offender without a  warrant,  the  police
officer  shall  immediately  notify  the  parent or other person legally
responsible for his OR HER care or the person with whom  he  OR  SHE  is
domiciled,  that  the  juvenile  offender  has  been  arrested,  and the
location of the facility where he OR SHE is being detained. IF THE OFFI-
CER DETERMINES THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR A
CHILD UNDER EIGHTEEN YEARS OF AGE WHO FITS WITHIN THE  DEFINITION  OF  A
JUVENILE  OFFENDER  AS  DEFINED  IN  SECTION 30.00 OF THE PENAL LAW, THE
OFFICER MUST TAKE THE JUVENILE TO A FACILITY  DESIGNATED  BY  THE  CHIEF

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ADMINISTRATOR  OF  THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF
CHILDREN OR, UPON THE CONSENT  OF  A  PARENT  OR  OTHER  PERSON  LEGALLY
RESPONSIBLE  FOR  THE  CARE OF THE JUVENILE, TO THE JUVENILE'S RESIDENCE
AND  THERE  QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME. A JUVE-
NILE SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS  THE  JUVE-
NILE  AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS SUBDIVISION,
IF PRESENT, HAVE BEEN ADVISED:
  (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
  (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
LAW;
  (C) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH  QUES-
TIONING; AND
  (D)  OF  THE  JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED FOR HIM OR
HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
  IN DETERMINING THE SUITABILITY  OF  QUESTIONING  AND  DETERMINING  THE
REASONABLE  PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER, THE
JUVENILE'S AGE, THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS  OR  OTHER
PERSONS  LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION PURSU-
ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
  S 21. Subdivision 2 of section 140.27 of the criminal  procedure  law,
as  amended  by  chapter  843 of the laws of 1980, is amended to read as
follows:
  2.  Upon arresting a person without a warrant, a peace officer, except
as otherwise provided in subdivision  three  OR  THREE-A,  must  without
unnecessary  delay  bring  him or cause him to be brought before a local
criminal court, as provided in section 100.55  and  subdivision  one  of
section  140.20,  and must without unnecessary delay file or cause to be
filed therewith an appropriate accusatory instrument.   If  the  offense
which is the subject of the arrest is one of those specified in subdivi-
sion  one  of  section 160.10, the arrested person must be fingerprinted
and photographed as therein provided.  In order to execute the  required
post-arrest  functions,  such  arresting  peace officer may perform such
functions himself or he may enlist the aid of a police officer  for  the
performance thereof in the manner provided in subdivision one of section
140.20.
  S  22.  Section  140.27  of  the  criminal procedure law is amended by
adding a new subdivision 3-a to read as follows:
  3-A. IF THE ARREST IS FOR A PERSON UNDER  THE  AGE  OF  SEVENTEEN  OR,
COMMENCING  JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON UNDER THE AGE
OF EIGHTEEN, SUCH PERSON SHALL BE BROUGHT BEFORE THE YOUTH PART  OF  THE
SUPERIOR  COURT.  IF THE YOUTH PART IS NOT IN SESSION, SUCH PERSON SHALL
BE BROUGHT BEFORE THE  MOST  ACCESSIBLE  MAGISTRATE  DESIGNATED  BY  THE
APPELLATE  DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO
ACT AS A YOUTH PART.
  S 23. Subdivision 5 of section 140.27 of the criminal  procedure  law,
as  added  by  chapter  411  of  the laws of 1979, is amended to read as
follows:
  5.  Upon arresting a juvenile offender without a  warrant,  the  peace
officer  shall  immediately  notify  the  parent or other person legally
responsible for his care or the person with whom he OR SHE is domiciled,
that the juvenile offender has been arrested, and the  location  of  the
facility  where  he OR SHE is being detained.  IF THE OFFICER DETERMINES
THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR  A  CHILD  UNDER
EIGHTEEN  YEARS  OF  AGE  WHO  FITS  WITHIN THE DEFINITION OF A JUVENILE
OFFENDER AS DEFINED IN SECTION 30.00 OF THE PENAL LAW THE  OFFICER  MUST
TAKE THE JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF

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THE  COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF CHILDREN OR, UPON
THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE
OF THE JUVENILE, TO THE JUVENILE'S RESIDENCE AND THERE QUESTION  HIM  OR
HER  FOR A REASONABLE PERIOD OF TIME. A JUVENILE SHALL NOT BE QUESTIONED
PURSUANT TO THIS SECTION UNLESS THE JUVENILE AND A PERSON REQUIRED TO BE
NOTIFIED PURSUANT TO THIS SUBDIVISION, IF PRESENT, HAVE BEEN ADVISED:
  (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
  (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
LAW;
  (C) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH  QUES-
TIONING; AND
  (D)  OF  THE  JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED FOR HIM OR
HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
  IN DETERMINING THE SUITABILITY  OF  QUESTIONING  AND  DETERMINING  THE
REASONABLE  PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER, THE
JUVENILE'S AGE, THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS  OR  OTHER
PERSONS  LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION PURSU-
ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
  S 24. Subdivision 5 of section 140.40 of the criminal  procedure  law,
as  added  by  chapter  411  of  the laws of 1979, is amended to read as
follows:
  5.   If a police officer takes  an  arrested  juvenile  offender  into
custody, the police officer shall immediately notify the parent or other
person  legally  responsible for his OR HER care or the person with whom
he OR SHE is domiciled, that the juvenile offender  has  been  arrested,
and  the location of the facility where he OR SHE is being detained.  IF
THE OFFICER DETERMINES THAT IT  IS  NECESSARY  TO  QUESTION  A  JUVENILE
OFFENDER  OR  A  CHILD  UNDER  EIGHTEEN YEARS OF AGE WHO FITS WITHIN THE
DEFINITION OF A JUVENILE OFFENDER AS DEFINED IN  SECTION  30.00  OF  THE
PENAL LAW THE OFFICER MUST TAKE THE JUVENILE TO A FACILITY DESIGNATED BY
THE  CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE QUES-
TIONING OF CHILDREN OR, UPON THE CONSENT OF A  PARENT  OR  OTHER  PERSON
LEGALLY  RESPONSIBLE  FOR  THE  CARE  OF THE JUVENILE, TO THE JUVENILE'S
RESIDENCE AND THERE QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME.
A JUVENILE SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION  UNLESS  THE
JUVENILE  AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS SUBDIVI-
SION, IF PRESENT, HAVE BEEN ADVISED:
  (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
  (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
LAW;
  (C) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH  QUES-
TIONING; AND
  (D)  OF  THE  JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED FOR HIM OR
HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
  IN DETERMINING THE SUITABILITY  OF  QUESTIONING  AND  DETERMINING  THE
REASONABLE  PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER, THE
JUVENILE'S AGE, THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS  OR  OTHER
PERSONS  LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION PURSU-
ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
  S 25. Subdivisions 2, 3, 4, 5 and 6 of section 180.75 of the  criminal
procedure law are REPEALED.
  S  26.  Subdivision 1 of section 180.75 of the criminal procedure law,
as added by chapter 481 of the laws of  1978,  is  amended  to  read  as
follows:
  1.  When  a  juvenile  offender  is arraigned before [a local criminal
court] THE YOUTH PART OF A  SUPERIOR  COURT,  the  provisions  of  [this

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section] ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER shall apply in
lieu  of  the  provisions  of sections 180.30, 180.50 and 180.70 of this
article.
  S  27.  The opening paragraph of section 180.80 of the criminal proce-
dure law, as amended by chapter 556 of the laws of 1982, is  amended  to
read as follows:
  Upon  application  of  a defendant against whom a felony complaint has
been filed with a local criminal court OR THE YOUTH PART OF  A  SUPERIOR
COURT,  and who, since the time of his arrest or subsequent thereto, has
been held in custody pending disposition of such felony  complaint,  and
who  has  been  confined  in  such custody for a period of more than one
hundred twenty hours or, in the event that a Saturday, Sunday  or  legal
holiday  occurs during such custody, one hundred forty-four hours, with-
out either a disposition of the felony complaint or  commencement  of  a
hearing  thereon, the [local criminal] court must release him on his own
recognizance unless:
  S 28. Subdivisions (a) and (b)  of  section  190.71  of  the  criminal
procedure  law,  subdivision  (a) as amended by chapter 7 of the laws of
2007 and subdivision (b) as added by chapter 481 of the  laws  of  1978,
are amended to read as follows:
  (a)  Except  as  provided in subdivision six of section 200.20 of this
chapter, a grand jury may not indict (i) a person thirteen years of  age
for any conduct or crime other than conduct constituting a crime defined
in  subdivisions  one  and  two  of section 125.25 (murder in the second
degree) or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal  law;  (ii)  a  person  fourteen
[or],  fifteen,  SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND NINE-
TEEN, SEVENTEEN years of age for any conduct or crime other than conduct
constituting a crime defined in subdivisions  one  and  two  of  section
125.25  (murder  in  the second degree) and in subdivision three of such
section provided that the underlying crime for the murder charge is  one
for  which  such person is criminally responsible; 135.25 (kidnapping in
the first degree); 150.20 (arson in the first degree); subdivisions  one
and  two  of  section  120.10  (assault  in  the  first  degree); 125.20
(manslaughter in the first degree); subdivisions one and two of  section
130.35  (rape  in the first degree); subdivisions one and two of section
130.50 (criminal sexual act in the  first  degree);  130.70  (aggravated
sexual  abuse  in  the  first  degree);  140.30  (burglary  in the first
degree); subdivision one of  section  140.25  (burglary  in  the  second
degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
first degree); subdivision two of section 160.10 (robbery in the  second
degree)  of  the  penal  law;  subdivision four of section 265.02 of the
penal law, where such firearm is possessed on school  grounds,  as  that
phrase is defined in subdivision fourteen of section 220.00 of the penal
law;  or section 265.03 of the penal law, where such machine gun or such
firearm is possessed on school grounds, as that  phrase  is  defined  in
subdivision  fourteen  of section 220.00 of the penal law; or defined in
the penal law as an attempt to commit murder in  the  second  degree  or
kidnapping  in the first degree, or such conduct as a sexually motivated
felony, where authorized pursuant to section 130.91 of  the  penal  law;
(III)  A  PERSON SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND NINE-
TEEN, SEVENTEEN YEARS OF AGE FOR ANY CONDUCT OR CRIME OTHER THAN CONDUCT
CONSTITUTING AN OFFENSE SET FORTH IN THE  VEHICLE  AND  TRAFFIC  LAW;  A
VIOLENT  FELONY  DEFINED IN SECTION 70.02 OF THE PENAL LAW; A CRIME THAT
IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH
REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE  DEFENDANT  BE  EIGHTEEN

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YEARS  OF AGE OR OLDER; A CRIME DEFINED IN THE FOLLOWING SECTIONS OF THE
PENAL LAW: SECTION 120.03 (VEHICULAR  ASSAULT  IN  THE  SECOND  DEGREE);
120.04  (VEHICULAR  ASSAULT  IN  THE FIRST DEGREE); 120.04-A (AGGRAVATED
VEHICULAR  ASSAULT);  125.10  (CRIMINALLY  NEGLIGENT  HOMICIDE);  125.11
(AGGRAVATED   CRIMINALLY   NEGLIGENT   HOMICIDE);   125.12    (VEHICULAR
MANSLAUGHTER  IN  THE  SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN
THE  FIRST  DEGREE);  125.14  (AGGRAVATED  VEHICULAR  HOMICIDE);  125.15
(MANSLAUGHTER  IN  THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST
DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND  DEGREE);  125.22
(AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL
ABUSE  IN  THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A
CHILD IN THE FIRST DEGREE); 215.11 (TAMPERING  WITH  A  WITNESS  IN  THE
THIRD  DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON
IS TAMPERING IS ONE FOR WHICH SUCH  PERSON  IS  CRIMINALLY  RESPONSIBLE;
215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE
CRIMINAL  PROCEEDING  IN  WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH
SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.13 (TAMPERING WITH A  WITNESS
IN  THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE
PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
BLE; 215.52 (AGGRAVATED CRIMINAL  CONTEMPT);  130.95  (PREDATORY  SEXUAL
ASSAULT);  220.18  (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE
SECOND DEGREE); 220.21 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN
THE FIRST DEGREE); 220.41 (CRIMINAL SALE OF A  CONTROLLED  SUBSTANCE  IN
THE  SECOND  DEGREE); 220.43 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN
THE FIRST DEGREE); 220.77 (OPERATING  AS  A  MAJOR  TRAFFICKER);  460.22
(AGGRAVATED  ENTERPRISE  CORRUPTION);  490.45  (CRIMINAL POSSESSION OF A
CHEMICAL WEAPON OR A BIOLOGICAL WEAPON  IN  THE  FIRST  DEGREE);  490.50
(CRIMINAL  USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE SECOND
DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP-
ON IN THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED  OFFENSE  DEFINED
IN  SUBDIVISION TWO OF SECTION 130.91 OF THE PENAL LAW WHEN COMMITTED AS
A SEXUALLY MOTIVATED  FELONY;  ACTS  CONSTITUTING  A  SPECIFIED  OFFENSE
DEFINED  IN  SUBDIVISION  THREE  OF SECTION 490.05 OF THE PENAL LAW WHEN
COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED  IN
ARTICLE  FOUR  HUNDRED  NINETY OF THE PENAL LAW; AND ACTS CONSTITUTING A
CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION  105.15
OF  THE  PENAL LAW PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY
CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE.
  (b) A grand jury may vote to file a request to remove a charge to  the
family  court  if it finds that a person [thirteen, fourteen or fifteen]
SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND  NINETEEN,  SEVENTEEN
years  of  age OR YOUNGER did an act which, if done by a person over the
age of sixteen, OR COMMENCING  JANUARY  FIRST,  TWO  THOUSAND  NINETEEN,
SEVENTEEN,    would  constitute a crime provided (1) such act is one for
which it may not indict; (2) it does not indict such person for a crime;
and (3) the evidence before it is legally sufficient to  establish  that
such person did such act and competent and admissible evidence before it
provides reasonable cause to believe that such person did such act.
  S  29.  Subdivision 6 of section 200.20 of the criminal procedure law,
as added by chapter 136 of the laws of  1980,  is  amended  to  read  as
follows:
  6.  Where an indictment charges at least one offense against a defend-
ant who was under the age of [sixteen] SEVENTEEN, OR COMMENCING  JANUARY
FIRST,  TWO THOUSAND NINETEEN, EIGHTEEN at the time of the commission of
the crime and who did not lack criminal responsibility for such crime by
reason of infancy, the indictment may, in addition, charge  in  separate

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counts  one  or more other offenses for which such person would not have
been criminally responsible by reason of infancy, if:
  (a)  the offense for which the defendant is criminally responsible and
the one or more other offenses for which he OR SHE would not  have  been
criminally  responsible by reason of infancy are based upon the same act
or upon the same criminal transaction, as that term is defined in subdi-
vision two of section 40.10 of this chapter; or
  (b) the offenses are of such nature that either  proof  of  the  first
offense  would  be  material  and admissible as evidence in chief upon a
trial of the second, or proof of the second would be material and admis-
sible as evidence in chief upon a trial of the first.
  S 30. The opening paragraph of subdivision  1  and  subdivision  5  of
section 210.43 of the criminal procedure law, as added by chapter 411 of
the laws of 1979, are amended to read as follows:
  After  [a  motion by a juvenile offender, pursuant to subdivision five
of section 180.75 of this chapter, or after] arraignment of  a  juvenile
offender  upon  an  indictment, the superior court may, on motion of any
party or on its own motion:
  [5. a. If the court orders removal of the action to family  court,  it
shall  state on the record the factor or factors upon which its determi-
nation is based, and, the court shall give its reasons  for  removal  in
detail and not in conclusory terms.
  b.   The district attorney shall state upon the record the reasons for
his consent to removal of the action to the family court.   The  reasons
shall be stated in detail and not in conclusory terms.]
  S 31. Subparagraphs (i) and (iii) of paragraph (g) of subdivision 5 of
section  220.10  of  the  criminal  procedure  law,  subparagraph (i) as
amended by chapter 410 of the laws of 1979  and  subparagraph  (iii)  as
amended  by  chapter  264  of  the  laws of 2003, are amended to read as
follows:
  (i) If the indictment charges  a  person  fourteen  [or],  fifteen  OR
SIXTEEN,  OR  COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN
years old with the crime of murder in the  second  degree  any  plea  of
guilty  entered  pursuant to subdivision three or four must be a plea of
guilty of a crime for which the defendant is criminally responsible;
  (iii) Where the indictment  does  not  charge  a  crime  specified  in
subparagraph  (i) of this paragraph, the district attorney may recommend
removal of the action to the family court. Upon making such  recommenda-
tion  the district attorney shall submit a subscribed memorandum setting
forth: (1) a recommendation that the interests of justice would best  be
served  by  removal  of  the  action to the family court; and (2) if the
indictment charges a thirteen year old with the crime of murder  in  the
second  degree,  or  a  fourteen  [or],  fifteen OR SIXTEEN YEAR OLD, OR
COMMENCING JANUARY FIRST TWO THOUSAND NINETEEN, SEVENTEEN year old  with
the  crimes of rape in the first degree as defined in subdivision one of
section 130.35 of the penal law, or criminal sexual  act  in  the  first
degree as defined in subdivision one of section 130.50 of the penal law,
or  an armed felony as defined in paragraph (a) of subdivision forty-one
of section 1.20 of this chapter specific factors, one or more  of  which
reasonably  supports the recommendation, showing, (i) mitigating circum-
stances that bear directly upon  the  manner  in  which  the  crime  was
committed,  or  (ii) where the defendant was not the sole participant in
the crime, that  the  defendant's  participation  was  relatively  minor
although  not so minor as to constitute a defense to the prosecution, or
(iii) possible deficiencies in proof of the crime,  or  (iv)  where  the
juvenile  offender  has  no previous adjudications of having committed a

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designated felony act, as defined in subdivision eight of section  301.2
of  the  family  court act, regardless of the age of the offender at the
time of commission of the act, that the criminal act was not part  of  a
pattern  of  criminal behavior and, in view of the history of the offen-
der, is not likely to be repeated.
  S 32. Subdivision 2 of section 410.40 of the criminal  procedure  law,
as  amended  by  chapter  652 of the laws of 2008, is amended to read as
follows:
  2. Warrant. (A) Where the  probation  officer  has  requested  that  a
probation  warrant  be issued, the court shall, within seventy-two hours
of its receipt of the request, issue or deny the  warrant  or  take  any
other lawful action including issuance of a notice to appear pursuant to
subdivision  one  of this section. If at any time during the period of a
sentence of probation or of conditional discharge the court has  reason-
able  grounds  to believe that the defendant has violated a condition of
the sentence, the court may issue a warrant to a police officer or to an
appropriate peace officer directing him or her  to  take  the  defendant
into  custody  and bring the defendant before the court without unneces-
sary delay; provided, however, if the court  in  which  the  warrant  is
returnable is a superior court, and such court is not available, and the
warrant  is addressed to a police officer or appropriate probation offi-
cer certified as a peace officer,  such  executing  officer  may  UNLESS
OTHERWISE  SPECIFIED  UNDER  PARAGRAPH  (B)  OF  THIS SECTION, bring the
defendant to the local correctional facility of the county in which such
court sits, to be detained there until not later than  the  commencement
of the next session of such court occurring on the next business day; or
if  the  court  in  which  the warrant is returnable is a local criminal
court, and such court is not available, and the warrant is addressed  to
a  police  officer or appropriate probation officer certified as a peace
officer, such executing officer must without unnecessary delay bring the
defendant before an alternate  local  criminal  court,  as  provided  in
subdivision five of section 120.90 of this chapter. A court which issues
such  a  warrant  may  attach  thereto  a  summary  of the basis for the
warrant. In any case where a defendant  arrested  upon  the  warrant  is
brought  before a local criminal court other than the court in which the
warrant is returnable, such local criminal  court  shall  consider  such
summary before issuing a securing order with respect to the defendant.
  (B)  IF  THE  COURT  IN  WHICH THE WARRANT IS RETURNABLE IS A SUPERIOR
COURT, AND SUCH COURT IS NOT AVAILABLE, AND THE WARRANT IS ADDRESSED  TO
A  POLICE  OFFICER OR APPROPRIATE PROBATION OFFICER CERTIFIED AS A PEACE
OFFICER, SUCH EXECUTING OFFICER SHALL,  WHERE  A  DEFENDANT  IS  SIXTEEN
YEARS  OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS AN OFFENSE OR A VIOLATION
OF HIS OR HER PROBATION OR CONDITIONAL DISCHARGE IMPOSED FOR AN  OFFENSE
ON  OR  AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, OR WHERE A DEFENDANT
IS SEVENTEEN YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS AN OFFENSE OR
A VIOLATION OF HIS OR HER PROBATION OR CONDITIONAL DISCHARGE IMPOSED FOR
AN OFFENSE ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN,  BRING  THE
DEFENDANT  TO  A JUVENILE DETENTION FACILITY, TO BE DETAINED THERE UNTIL
NOT LATER THAN THE COMMENCEMENT OF THE NEXT SESSION OF SUCH COURT OCCUR-
RING ON THE NEXT BUSINESS DAY.
  S 33. Section 410.60 of the criminal  procedure  law,  as  amended  by
chapter 652 of the laws of 2008, is amended to read as follows:
S 410.60 Appearance before court.
  (A)  A  person  who  has  been  taken into custody pursuant to section
410.40 or section 410.50 of this article for violation of a condition of
a sentence of probation or a  sentence  of  conditional  discharge  must

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forthwith be brought before the court that imposed the sentence. Where a
violation of probation petition and report has been filed and the person
has  not  been  taken  into  custody  nor  has a warrant been issued, an
initial  court  appearance  shall  occur within ten business days of the
court's issuance of a notice to appear.  If  the  court  has  reasonable
cause  to  believe  that  such  person  has  violated a condition of the
sentence, it may commit him OR HER to the custody of the sheriff or  fix
bail  or  release  such person on his OR HER own recognizance for future
appearance at a hearing to be held in accordance with section 410.70  of
this  article.  If  the  court does not have reasonable cause to believe
that such person has violated a  condition  of  the  sentence,  it  must
direct that he OR SHE be released.
  (B)  A  JUVENILE  OFFENDER WHO HAS BEEN TAKEN INTO CUSTODY PURSUANT TO
SECTION 410.40 OR SECTION 410.50 OF THIS  ARTICLE  FOR  VIOLATION  OF  A
CONDITION  OF  A  SENTENCE  OF  PROBATION  OR  A SENTENCE OF CONDITIONAL
DISCHARGE MUST FORTHWITH BE BROUGHT BEFORE THE COURT  THAT  IMPOSED  THE
SENTENCE.    WHERE A VIOLATION OF PROBATION PETITION AND REPORT HAS BEEN
FILED AND THE PERSON HAS NOT BEEN TAKEN INTO CUSTODY NOR HAS  A  WARRANT
BEEN ISSUED, AN INITIAL COURT APPEARANCE SHALL OCCUR WITHIN TEN BUSINESS
DAYS  OF  THE  COURT'S  ISSUANCE OF A NOTICE TO APPEAR. IF THE COURT HAS
REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF
THE SENTENCE, IT MAY COMMIT HIM OR HER TO THE CUSTODY OF THE SHERIFF  OR
FIX  BAIL  OR  RELEASE  SUCH  PERSON  ON HIS OR HER OWN RECOGNIZANCE FOR
FUTURE APPEARANCE AT A HEARING TO BE HELD  IN  ACCORDANCE  WITH  SECTION
410.70  OF THIS ARTICLE. PROVIDED, HOWEVER, NOTHING HEREIN SHALL AUTHOR-
IZE A JUVENILE TO BE DETAINED FOR A VIOLATION OF A CONDITION THAT  WOULD
NOT  CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETER-
MINES (I) THAT THE JUVENILE POSES A SPECIFIC IMMINENT THREAT  TO  PUBLIC
SAFETY  AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE
JUVENILE IS ON PROBATION FOR AN ACT  THAT  WOULD  CONSTITUTE  A  VIOLENT
FELONY  AS  DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN
ADULT AND THE USE OF GRADUATED  SANCTIONS  HAS  BEEN  EXHAUSTED  WITHOUT
SUCCESS.  IF  THE  COURT  DOES NOT HAVE REASONABLE CAUSE TO BELIEVE THAT
SUCH PERSON HAS VIOLATED A CONDITION OF THE  SENTENCE,  IT  MUST  DIRECT
THAT THE JUVENILE BE RELEASED.
  S  34.  Subdivision 5 of section 410.70 of the criminal procedure law,
as amended by chapter 17 of the laws of 2014,  is  amended  to  read  as
follows:
  5.  Revocation;  modification;  continuation. (A) At the conclusion of
the hearing the court may revoke, continue or  modify  the  sentence  of
probation   or  conditional  discharge.  Where  the  court  revokes  the
sentence, it must impose sentence as specified in subdivisions three and
four of section 60.01 of the penal law. Where  the  court  continues  or
modifies the sentence, it must vacate the declaration of delinquency and
direct  that  the  defendant  be  released.  If the alleged violation is
sustained and the court continues  or  modifies  the  sentence,  it  may
extend the sentence up to the period of interruption specified in subdi-
vision  two  of  section  65.15  of the penal law, but any time spent in
custody in any correctional institution OR JUVENILE  DETENTION  FACILITY
pursuant  to  section 410.40 OR 410.60 of this article shall be credited
against the term of the sentence.  Provided further, where  the  alleged
violation is sustained and the court continues or modifies the sentence,
the  court  may  also extend the remaining period of probation up to the
maximum term authorized by section 65.00 of  the  penal  law.  Provided,
however,  a  defendant shall receive credit for the time during which he
or she was supervised under the original probation sentence prior to any

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declaration of delinquency and for any time spent in custody pursuant to
this article for an alleged violation of probation.
  (B)  NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, NOTHING HEREIN
SHALL AUTHORIZE THE PLACEMENT OF A JUVENILE FOR A VIOLATION OF A  CONDI-
TION  THAT  WOULD NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS
THE COURT DETERMINES (I) THAT THE JUVENILE  POSES  A  SPECIFIC  IMMINENT
THREAT  TO  PUBLIC  SAFETY AND STATES THE REASONS FOR THE FINDING ON THE
RECORD OR (II) THE JUVENILE IS  ON  PROBATION  FOR  AN  ACT  THAT  WOULD
CONSTITUTE A VIOLENT FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW
IF  COMMITTED  BY  AN  ADULT AND THE USE OF GRADUATED SANCTIONS HAS BEEN
EXHAUSTED WITHOUT SUCCESS.
  S 35. The criminal procedure law is amended by adding  a  new  section
410.90-a to read as follows:
S 410.90-A SUPERIOR COURT; YOUTH PART.
  NOTWITHSTANDING  ANY OTHER PROVISIONS OF THIS ARTICLE, ALL PROCEEDINGS
RELATING TO A JUVENILE OFFENDER SHALL BE HEARD IN THE YOUTH PART OF  THE
SUPERIOR  COURT  HAVING  JURISDICTION AND ANY INTRASTATE TRANSFERS UNDER
THIS ARTICLE SHALL BE BETWEEN COURTS DESIGNATED AS A YOUTH PART PURSUANT
TO ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER.
  S 36. Section 510.15 of the criminal  procedure  law,  as  amended  by
chapter  411 of the laws of 1979, subdivision 1 as designated and subdi-
vision 2 as added by chapter 359 of the laws of 1980, is amended to read
as follows:
S 510.15  Commitment of principal under [sixteen] SEVENTEEN OR EIGHTEEN.
  1. When a principal who is (A)  under  the  age  of  sixteen;  OR  (B)
COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN A PRINCIPAL WHO IS UNDER
THE AGE OF SEVENTEEN WHO COMMITTED AN OFFENSE ON OR AFTER JANUARY FIRST,
TWO  THOUSAND  EIGHTEEN;  OR  (C) COMMENCING JANUARY FIRST, TWO THOUSAND
NINETEEN, A PRINCIPAL WHO IS UNDER THE AGE OF EIGHTEEN WHO COMMITTED  AN
OFFENSE  ON  OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, is committed
to the custody of the sheriff the court must direct that  the  principal
be  taken  to and lodged in a place certified by the [state division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES as  a  juvenile  detention
facility  for the reception of children.  Where such a direction is made
the sheriff shall deliver the principal in accordance therewith and such
person shall although lodged and  cared  for  in  a  juvenile  detention
facility  continue to be deemed to be in the custody of the sheriff.  No
principal under the age [of sixteen] SPECIFIED to whom the provisions of
this section may apply shall be detained in any prison, jail, lockup, or
other place used for adults convicted of a crime  or  under  arrest  and
charged  with  the  commission  of  a  crime without the approval of the
[state division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES in the
case of each principal and the statement of its reasons therefor.    The
sheriff  shall  not  be liable for any acts done to or by such principal
resulting from negligence in the detention of and care for such  princi-
pal, when the principal is not in the actual custody of the sheriff.
  2.  Except  upon  consent of the defendant or for good cause shown, in
any case in which a new securing order is issued for a principal  previ-
ously  committed to the custody of the sheriff pursuant to this section,
such order shall further direct the sheriff  to  deliver  the  principal
from  a  juvenile detention facility to the person or place specified in
the order.
  S 37. Subdivision 1 of section 720.10 of the criminal  procedure  law,
as  amended  by  chapter  411 of the laws of 1979, is amended to read as
follows:

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  1. "Youth" means a person charged with a crime alleged  to  have  been
committed  when  he  OR SHE was at least sixteen years old and less than
[nineteen] TWENTY-ONE years old or a person charged with being  a  juve-
nile  offender  as  defined  in subdivision forty-two of section 1.20 of
this chapter.
  S 38. Section 30.00 of the penal law, as amended by chapter 481 of the
laws of 1978, subdivision 2 as amended by chapter 7 of the laws of 2007,
is amended to read as follows:
S 30.00 Infancy.
  1.  Except  as provided in [subdivision] SUBDIVISIONS two AND THREE of
this section, a person less than  [sixteen]  SEVENTEEN  years  old,  OR,
COMMENCING  JANUARY  FIRST,  TWO  THOUSAND  NINETEEN, A PERSON LESS THAN
EIGHTEEN YEARS OLD is not criminally responsible for conduct.
  2. A person thirteen, fourteen [or], fifteen, OR SIXTEEN YEARS OF  AGE
OR,  COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON SEVENTEEN
years of age is criminally responsible for acts constituting  murder  in
the  second  degree  as  defined  in subdivisions one and two of section
125.25 and in subdivision three of such section provided that the under-
lying crime for the murder charge is one for which such person is crimi-
nally responsible or for such conduct as a  sexually  motivated  felony,
where  authorized  pursuant  to  section  130.91 of [the penal law] THIS
CHAPTER; and a person fourteen [or], fifteen, OR SIXTEEN  YEARS  OF  AGE
OR,  COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years of
age is criminally responsible for acts constituting the  crimes  defined
in section 135.25 (kidnapping in the first degree); 150.20 (arson in the
first  degree);  subdivisions  one and two of section 120.10 (assault in
the first degree); 125.20 (manslaughter in the first  degree);  subdivi-
sions one and two of section 130.35 (rape in the first degree); subdivi-
sions  one  and  two of section 130.50 (criminal sexual act in the first
degree); 130.70 (aggravated sexual abuse in the  first  degree);  140.30
(burglary  in  the  first  degree);  subdivision  one  of section 140.25
(burglary in the second degree); 150.15 (arson in  the  second  degree);
160.15  (robbery in the first degree); subdivision two of section 160.10
(robbery in the second degree) of this chapter;  or  section  265.03  of
this  chapter,  where  such  machine gun or such firearm is possessed on
school grounds, as that phrase is defined  in  subdivision  fourteen  of
section 220.00 of this chapter; or defined in this chapter as an attempt
to commit murder in the second degree or kidnapping in the first degree,
or  for  such  conduct  as a sexually motivated felony, where authorized
pursuant to section 130.91 of [the penal law] THIS CHAPTER.
  3. A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST, TWO  THOUSAND  NINE-
TEEN,  SEVENTEEN YEARS OLD IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUT-
ING AN OFFENSE SET FORTH IN THE VEHICLE AND TRAFFIC LAW; ACTS CONSTITUT-
ING A VIOLENT FELONY DEFINED IN SECTION  70.02  OF  THIS  CHAPTER;  ACTS
CONSTITUTING  ANY  CRIME IN THIS CHAPTER THAT IS CLASSIFIED AS A CLASS A
FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT  OF
THE  OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; ACTS
CONSTITUTING THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT  IN
THE  SECOND  DEGREE);  120.04  (VEHICULAR  ASSAULT IN THE FIRST DEGREE);
120.04-A (AGGRAVATED VEHICULAR ASSAULT);  125.10  (CRIMINALLY  NEGLIGENT
HOMICIDE);  125.11  (AGGRAVATED  CRIMINALLY  NEGLIGENT HOMICIDE); 125.12
(VEHICULAR  MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.13   (VEHICULAR
MANSLAUGHTER   IN   THE  FIRST  DEGREE);  125.14  (AGGRAVATED  VEHICULAR
MANSLAUGHTER);  125.15  (MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.20
(MANSLAUGHTER  IN  THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN
THE  SECOND  DEGREE);  125.22  (AGGRAVATED  MANSLAUGHTER  IN  THE  FIRST

S. 6406--A                         104                        A. 9006--A

DEGREE);  130.70  (AGGRAVATED  SEXUAL ABUSE IN THE FIRST DEGREE); 130.75
(COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST  DEGREE);  215.11
(TAMPERING  WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMI-
NAL  PROCEEDING  IN  WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH
PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH  A  WITNESS  IN
THE  SECOND  DEGREE)  PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE
PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT
THE CRIMINAL PROCEEDING IN WHICH THE PERSON  IS  TAMPERING  IS  ONE  FOR
WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL
CONTEMPT);  ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION
TWO OF SECTION 130.91 OF THIS CHAPTER WHEN COMMITTED AS A SEXUALLY MOTI-
VATED  FELONY;  130.95  (PREDATORY  SEXUAL  ASSAULT);  220.18  (CRIMINAL
POSSESSION  OF  A  CONTROLLED  SUBSTANCE  IN  THE SECOND DEGREE); 220.21
(CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE  IN  THE  FIRST  DEGREE);
220.41  (CRIMINAL  SALE OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE);
220.43 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN  THE  FIRST  DEGREE);
220.77  (OPERATING AS A MAJOR TRAFFICKER); 460.22 (AGGRAVATED ENTERPRISE
CORRUPTION); 490.45 (CRIMINAL POSSESSION  OF  A  CHEMICAL  WEAPON  OR  A
BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMI-
CAL  WEAPON OR A BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.55 (CRIMI-
NAL USE OF A CHEMICAL  WEAPON  OR  A  BIOLOGICAL  WEAPON  IN  THE  FIRST
DEGREE);  ACTS  CONSTITUTING  A SPECIFIED OFFENSE DEFINED IN SUBDIVISION
THREE OF SECTION 490.05 OF THIS CHAPTER WHEN  COMMITTED  AS  AN  ACT  OF
TERRORISM;  ACTS  CONSTITUTING  A  FELONY DEFINED IN ARTICLE 490 OF THIS
CHAPTER; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION  ONE  OF
SECTION 105.10 AND SECTION 105.15 PROVIDED THAT THE UNDERLYING CRIME FOR
THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPON-
SIBLE.
  4.  In any prosecution for an offense, lack of criminal responsibility
by reason of infancy, as defined in this section, is a defense.
  S 39. Subdivision 2 of section 60.02 of the penal law, as  amended  by
chapter 471 of the laws of 1980, is amended to read as follows:
  (2)  If the sentence is to be imposed upon a youthful offender finding
which has been substituted for a conviction  for  any  felony,  AND  THE
PERSON  IS  EIGHTEEN  YEARS  OF  AGE OR YOUNGER, the court must impose a
sentence authorized to be imposed upon a person convicted of a  class  E
felony  provided, however, that (A) the court must not impose a sentence
of [conditional discharge or] unconditional discharge  if  the  youthful
offender finding was substituted for a conviction of a felony defined in
article  two  hundred  twenty  of  this chapter; AND (B) NOTWITHSTANDING
PARAGRAPH (E) OF SUBDIVISION TWO OF SECTION 70.00 OF THIS  TITLE,  IF  A
TERM  OF IMPRISONMENT IS IMPOSED, SUCH TERM SHALL BE A DEFINITE SENTENCE
OF ONE YEAR OR LESS, OR A DETERMINATE SENTENCE, THE TERM OF  WHICH  MUST
BE  AT LEAST ONE YEAR AND MUST NOT EXCEED THREE YEARS, AND MUST INCLUDE,
AS A PART THEREOF, A PERIOD OF POST RELEASE  SUPERVISION  IN  ACCORDANCE
WITH  SUBDIVISION  TWO-B  OF  SECTION  70.45 OF THIS TITLE. IN ANY CASE,
WHERE A COURT IMPOSES A SENTENCE OF IMPRISONMENT IN CONJUNCTION  WITH  A
SENTENCE  OF  PROBATION OR CONDITIONAL DISCHARGE, SUCH IMPRISONMENT TERM
SHALL NOT BE IN EXCESS OF SIX MONTHS, OR IN THE CASE OF AN  INTERMITTENT
TERM,  NOT  IN EXCESS OF FOUR MONTHS IN ACCORDANCE WITH PARAGRAPH (D) OF
SUBDIVISION TWO OF SECTION 60.01 OF THIS ARTICLE.  IF THE SENTENCE IS TO
BE IMPOSED UPON A YOUTHFUL OFFENDER FINDING WHICH HAS  BEEN  SUBSTITUTED
FOR  A  CONVICTION  OF  ANY FELONY, AND THE PERSON IS NINETEEN OR TWENTY
YEARS OF AGE, THE COURT  MUST  SENTENCE  SUCH  PERSON  PURSUANT  TO  THE

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PROVISIONS  OF  THIS  ARTICLE APPLICABLE TO A PERSON TWENTY-ONE YEARS OF
AGE OR OLDER CONVICTED OF THE SAME OFFENSE.
  S 40. Section 60.10 of the penal law, as amended by chapter 411 of the
laws of 1979, is amended to read as follows:
S 60.10 Authorized disposition; juvenile offender.
  1.    WHEN A JUVENILE OFFENDER IS CONVICTED OF A CLASS A FELONY, OTHER
THAN MURDER IN THE SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON  IN
THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST
DEGREE  AS  DEFINED  BY  SECTION 135.25 OF THIS CHAPTER, THE COURT SHALL
SENTENCE THE DEFENDANT TO IMPRISONMENT PURSUANT  TO  THE  PROVISIONS  OF
SECTION  70.00, 70.06, 70.07, 70.08, OR 70.71 OF THIS CHAPTER, AS APPLI-
CABLE. When a juvenile offender is convicted of [a] ANY OTHER crime, the
court shall sentence the defendant to imprisonment  in  accordance  with
section  70.05  or sentence [him] THE DEFENDANT upon a youthful offender
finding in accordance with section 60.02 of this [chapter] ARTICLE.
  2. Subdivision one of this section shall apply when sentencing a juve-
nile offender notwithstanding the provisions of any other law that deals
with the authorized sentence for persons who are not juvenile offenders.
Provided, however, that the limitation prescribed by this section  shall
not  be  deemed  or  construed  to bar use of a conviction of a juvenile
offender, other than a juvenile offender  who  has  been  adjudicated  a
youthful  offender  pursuant to section 720.20 of the criminal procedure
law, as a previous or predicate felony  offender  under  section  70.04,
70.06,  70.07, 70.08 [or], 70.10, 70.70, 70.71, 70.80, OR 485.10 OF THIS
CHAPTER, when sentencing a person who commits a felony after  [he]  SUCH
PERSON  has  reached the age of [sixteen] SEVENTEEN AS OF JANUARY FIRST,
TWO THOUSAND EIGHTEEN, AND EIGHTEEN AS OF JANUARY  FIRST,  TWO  THOUSAND
NINETEEN.
  S 40-a. Subdivision 5 of section 70.00 of the penal law, as amended by
chapter 482 of the laws of 2009, is amended to read as follows:
  5.   Life  imprisonment  without  parole.  Notwithstanding  any  other
provision of law, a defendant sentenced  to  life  imprisonment  without
parole  shall  not  be  or  become  eligible  for  parole or conditional
release. For purposes of commitment and custody, other than  parole  and
conditional  release,  such sentence shall be deemed to be an indetermi-
nate sentence. A defendant may be sentenced to life imprisonment without
parole upon conviction for the crime of murder in the  first  degree  as
defined  in  section  125.27  of this chapter and in accordance with the
procedures provided by law for imposing a sentence  for  such  crime.  A
defendant  WHO  WAS  EIGHTEEN  YEARS  OF AGE OR OLDER AT THE TIME OF THE
COMMISSION OF THE CRIME must be sentenced to life  imprisonment  without
parole  upon conviction for the crime of terrorism as defined in section
490.25 of this  chapter,  where  the  specified  offense  the  defendant
committed  is  a class A-I felony; the crime of criminal possession of a
chemical weapon or biological weapon in the first degree as  defined  in
section 490.45 of this chapter; or the crime of criminal use of a chemi-
cal  weapon  or  biological  weapon  in  the  first degree as defined in
section 490.55 of this chapter; provided, however, that nothing in  this
subdivision  shall  preclude  or  prevent  a  sentence of death when the
defendant is also convicted of the crime of murder in the  first  degree
as  defined  in  section  125.27  of this chapter.   A DEFENDANT WHO WAS
SEVENTEEN YEARS OF AGE OR YOUNGER AT THE TIME OF THE COMMISSION  OF  THE
CRIME  MAY  BE  SENTENCED  TO  LIFE  IMPRISONMENT  WITHOUT  PAROLE  UPON
CONVICTION FOR A CRIME OF TERRORISM AS DEFINED IN SECTION 490.25 OF THIS
CHAPTER, WHERE THE SPECIFIED OFFENSE IS A CLASS A-I FELONY; THE CRIME OF
CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR  BIOLOGICAL  WEAPON  IN  THE

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FIRST  DEGREE AS DEFINED IN SECTION 490.45 OF THIS CHAPTER; OR THE CRIME
OF CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN  THE  FIRST
DEGREE AS DEFINED IN SECTION 490.55 OF THIS CHAPTER. A defendant must be
sentenced  to  life  imprisonment without parole upon conviction for the
crime of murder in the second degree as defined in subdivision  five  of
section  125.25 of this chapter or for the crime of aggravated murder as
defined in subdivision one of section 125.26 of this chapter. A  defend-
ant may be sentenced to life imprisonment without parole upon conviction
for  the  crime  of  aggravated  murder as defined in subdivision two of
section 125.26 of this chapter.
  S 41. Section 70.05 of the penal law, as added by chapter 481  of  the
laws  of  1978,  subdivision  1 as amended by chapter 615 of the laws of
1984, paragraph (e) of subdivision 2  as  added  and  paragraph  (c)  of
subdivision  3  as amended by chapter 435 of the laws of 1998, paragraph
(a) of subdivision 3 as amended by chapter 174 of the laws of  2003,  is
amended to read as follows:
S 70.05 Sentence of imprisonment for juvenile offender.
  1. [Indeterminate sentence] SENTENCE. A sentence of imprisonment for a
JUVENILE OFFENDER CONVICTED OF A CLASS A felony OTHER THAN MURDER IN THE
SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON IN THE FIRST DEGREE AS
DEFINED  BY  SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED
BY SECTION 135.25 OF THIS CHAPTER, SHALL BE IMPOSED BY THE COURT  PURSU-
ANT TO THE PROVISIONS OF SECTION 70.00, 70.06, 70.07, 70.08, OR 70.71 OF
THIS  CHAPTER,  AS  APPLICABLE. A SENTENCE OF IMPRISONMENT FOR THE CLASS
A-1 FELONY OF MURDER IN THE SECOND DEGREE committed by a juvenile offen-
der shall be an indeterminate sentence. When such a sentence is imposed,
the court shall impose [a] THE MINIMUM PERIOD OF IMPRISONMENT AND  maxi-
mum  term  in  accordance with the provisions of subdivision two of this
section [and the minimum period of imprisonment shall be as provided  in
subdivision  three  of  this  section].  EXCEPT  AS  PROVIDED  HEREIN, A
SENTENCE OF IMPRISONMENT FOR ANY OTHER FELONY COMMITTED  BY  A  JUVENILE
OFFENDER  SHALL  BE  A  DETERMINATE  SENTENCE.  WHEN  SUCH A SENTENCE IS
IMPOSED, THE COURT SHALL IMPOSE A TERM OF IMPRISONMENT IN WHOLE OR  HALF
YEARS  IN  ACCORDANCE  WITH  THE PROVISIONS OF SUBDIVISION THREE OF THIS
SECTION AND A PERIOD OF POST-RELEASE SUPERVISION IN ACCORDANCE WITH  THE
PROVISIONS  OF  SUBDIVISION TWO-B OF SECTION 70.45 OF THIS ARTICLE.  The
court shall further provide that where  a  juvenile  offender  is  under
placement  pursuant  to  article  three  of  the  family  court act, any
sentence imposed pursuant to this section which is to be served  consec-
utively  with  such  placement  shall be served in a facility designated
pursuant to subdivision four of section 70.20 of this article  prior  to
service of the placement in any previously designated facility.
  2.  [Maximum  term of] INDETERMINATE sentence. [The maximum term of an
indeterminate sentence for a juvenile offender shall be at  least  three
years and the term shall be fixed as follows:
  (a)]  For the class A felony of murder in the second degree, the MAXI-
MUM term shall be life imprisonment[;], AND THE MINIMUM PERIOD OF IMPRI-
SONMENT SHALL BE SPECIFIED IN THE SENTENCE AS FOLLOWS:
  (A) WHERE THE DEFENDANT WAS THIRTEEN YEARS OLD AT  THE  TIME  OF  SUCH
OFFENSE,  OR WAS FOURTEEN OR FIFTEEN AT THE TIME OF SUCH OFFENSE AND THE
SENTENCE IS FOR AN OFFENSE SPECIFIED IN  SUBDIVISION  THREE  OF  SECTION
125.25  OF  THIS CHAPTER, THE MINIMUM PERIOD OF IMPRISONMENT SHALL BE AT
LEAST FIVE YEARS BUT SHALL NOT EXCEED NINE YEARS;
  (B) EXCEPT AS SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION WHERE THE
DEFENDANT WAS AT LEAST FOURTEEN YEARS OLD BUT LESS THAN SEVENTEEN  YEARS
OLD,  AND,  COMMENCING  JANUARY  FIRST, TWO THOUSAND NINETEEN, WHERE THE

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DEFENDANT WAS AT LEAST FOURTEEN YEARS OLD BUT LESS THAN  EIGHTEEN  YEARS
OLD  AT  THE  TIME  OF  SUCH OFFENSE, THE MINIMUM PERIOD OF IMPRISONMENT
SHALL BE AT LEAST SEVEN AND ONE HALF YEARS BUT SHALL NOT EXCEED  FIFTEEN
YEARS.
  [(b)]  3. DETERMINATE SENTENCE. (A) For the class A felony of arson in
the first degree, or for the class A felony of kidnapping in  the  first
degree the DETERMINATE term shall be fixed by the court, and shall be at
least [twelve] FOUR years but shall not exceed fifteen years;
  [(c)] (B)(I) EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (II) OF THIS PARA-
GRAPH,  for a class B felony, the DETERMINATE term shall be fixed by the
court, and shall BE AT LEAST ONE YEAR BUT SHALL not exceed  [ten]  SEVEN
years;
  (II)  FOR A CLASS B VIOLENT FELONY AS DEFINED BY SECTION 70.02 OF THIS
ARTICLE, WHERE THE DEFENDANT WAS SIXTEEN YEARS OLD, AND COMMENCING JANU-
ARY FIRST, TWO THOUSAND NINETEEN, WHERE THE  DEFENDANT  WAS  SIXTEEN  OR
SEVENTEEN  YEARS  OLD  AT THE TIME OF SUCH OFFENSE, THE DETERMINATE TERM
SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST FIVE YEARS BUT  SHALL
NOT EXCEED TWENTY YEARS; PROVIDED, HOWEVER, THAT WHERE THE COURT, HAVING
REGARD  TO  THE NATURE AND CIRCUMSTANCES OF THE CRIME AND TO THE HISTORY
AND CHARACTER OF THE DEFENDANT, IS OF THE OPINION THAT IT WOULD BE UNDU-
LY HARSH TO IMPOSE A DETERMINATE SENTENCE OF NO LESS THAN FIVE YEARS AND
NO MORE THAN TWENTY-FIVE YEARS,  THE  COURT  MAY  IMPOSE  A  DETERMINATE
SENTENCE OF NO LESS THAN ONE YEAR AND NO MORE THAN SEVEN YEARS;
  (III) FOR A CLASS B VIOLENT FELONY AS DEFINED BY SECTION 70.02 OF THIS
ARTICLE,  WHERE  THE  DEFENDANT WAS FOURTEEN OR FIFTEEN YEARS OLD AT THE
TIME OF SUCH OFFENSE THE DETERMINATE TERM SHALL BE FIXED BY  THE  COURT,
AND SHALL BE AT LEAST ONE YEAR BUT SHALL NOT EXCEED SEVEN YEARS;
  [(d)] (C) For a class C felony, the DETERMINATE term shall be fixed by
the  court,  and shall BE AT LEAST ONE YEAR BUT SHALL not exceed [seven]
FIVE years; and
  [(e)] (D) For a class D felony, the DETERMINATE term shall be fixed by
the court, and shall BE AT LEAST ONE YEAR BUT SHALL  not  exceed  [four]
THREE years; AND
  (E)  FOR  A CLASS E FELONY, WHERE THE DEFENDANT WAS SIXTEEN YEARS OLD,
AND COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, WHERE THE DEFENDANT
WAS SIXTEEN OR SEVENTEEN YEARS OLD AT THE  TIME  OF  SUCH  OFFENSE,  THE
DETERMINATE  TERM SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST ONE
YEAR BUT SHALL NOT EXCEED TWO YEARS.
  [3. Minimum period of imprisonment. The minimum period of imprisonment
under an indeterminate sentence for a juvenile offender shall be  speci-
fied in the sentence as follows:
  (a) For the class A felony of murder in the second degree, the minimum
period of imprisonment shall be fixed by the court and shall be not less
than  five years but shall not exceed nine years provided, however, that
where the sentence is for an offense specified in subdivision one or two
of section 125.25 of this chapter and  the  defendant  was  fourteen  or
fifteen  years  old  at  the time of such offense, the minimum period of
imprisonment shall be not less than seven and one-half years  but  shall
not exceed fifteen years;
  (b)  For  the  class A felony of arson in the first degree, or for the
class A felony of kidnapping in the first degree, the minimum period  of
imprisonment shall be fixed by the court and shall be not less than four
years but shall not exceed six years; and
  (c)  For  a class B, C or D felony, the minimum period of imprisonment
shall be fixed by the court at one-third of the maximum term imposed.]

S. 6406--A                         108                        A. 9006--A

  4. A SENTENCE IMPOSED FOR A MISDEMEANOR OR VIOLATION  COMMITTED  BY  A
JUVENILE  OFFENDER  SHALL  BE  IN  ACCORDANCE WITH SECTION 70.15 OF THIS
CHAPTER.
  S  42.  Subdivision 1 of section 70.20 of the penal law, as amended by
section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
  1. [(a)] Indeterminate or determinate sentence. Except as provided  in
subdivision  four  of this section, when an indeterminate or determinate
sentence of imprisonment is imposed, the court shall commit the  defend-
ant  to the custody of the state department of corrections and community
supervision for the term of his or her sentence and  until  released  in
accordance  with  the law; provided, however, that a defendant sentenced
pursuant to subdivision seven of section 70.06 shall be committed to the
custody of the state department of corrections and community supervision
for immediate delivery to a reception center operated by the department.
  [(b) The court in committing a defendant who is not yet eighteen years
of age to the department of corrections and community supervision  shall
inquire as to whether the parents or legal guardian of the defendant, if
present,  will  grant  to  the  minor the capacity to consent to routine
medical, dental and mental health services and treatment.
  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits a defendant who is not yet eighteen years of age to the  custody
of the department of corrections and community supervision in accordance
with this section and no medical consent has been obtained prior to said
commitment,  the  commitment order shall be deemed to grant the capacity
to consent to routine medical, dental and  mental  health  services  and
treatment to the person so committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian  of  an  inmate  who is not yet eighteen years of age from making a
motion on notice to the department of corrections and  community  super-
vision  pursuant  to  article  twenty-two  of the civil practice law and
rules and section one hundred forty of the correction law, objecting  to
routine  medical,  dental  or mental health services and treatment being
provided to such inmate under the provisions of paragraph  (b)  of  this
subdivision.
  (e)  Nothing  in  this  section shall require that consent be obtained
from the parent or legal guardian, where  no  consent  is  necessary  or
where  the  defendant  is authorized by law to consent on his or her own
behalf to any medical, dental, and mental health service or treatment.]
  S 43. Subdivision 2 of section 70.20 of the penal law, as  amended  by
chapter 437 of the laws of 2013, is amended to read as follows:
  2.  [(a)] Definite sentence. Except as provided in subdivision four of
this section, when a definite sentence of imprisonment is  imposed,  the
court  shall commit the defendant to the county or regional correctional
institution for the term of his sentence and until released  in  accord-
ance with the law.
  [(b) The court in committing a defendant who is not yet eighteen years
of  age  to  the local correctional facility shall inquire as to whether
the parents or legal guardian of the defendant, if present,  will  grant
to  the  minor  the  capacity  to consent to routine medical, dental and
mental health services and treatment.
  (c) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an inmate who is not yet eighteen years of  age  from  making  a
motion  on  notice  to the local correction facility pursuant to article
twenty-two of the civil practice law and rules and section  one  hundred
forty  of  the  correction  law, objecting to routine medical, dental or

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mental health services and treatment being provided to such inmate under
the provisions of paragraph (b) of this subdivision.]
  S  44.  Paragraph  (a)  of subdivision 4 of section 70.20 of the penal
law, as amended by section 124 of subpart B of part C of chapter  62  of
the  laws of 2011, is amended and two new paragraphs (a-1) and (a-2) are
added to read as follows:
  (a) Notwithstanding any other provision of  law  to  the  contrary,  a
juvenile  offender[,] or a juvenile offender who is adjudicated a youth-
ful offender  [and],  WHO  IS  given  an  indeterminate  or  a  definite
sentence, AND WHO IS UNDER THE AGE OF TWENTY-ONE AT THE TIME OF SENTENC-
ING, shall be committed to the custody of the commissioner of the office
of children and family services who shall arrange for the confinement of
such  offender  in  [secure]  facilities  of  the office. The release or
transfer of such offenders  from  the  office  of  children  and  family
services  shall  be governed by section five hundred eight of the execu-
tive law. IF THE JUVENILE OFFENDER IS  CONVICTED  OR,  IF  THE  JUVENILE
OFFENDER  WHO  IS  ADJUDICATED  A  YOUTHFUL OFFENDER IS CONVICTED AND IS
TWENTY-ONE YEARS OF AGE OR OLDER AT THE TIME OF SENTENCING,  HE  OR  SHE
SHALL BE DELIVERED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION.
  (A-1)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, A
PERSON SIXTEEN YEARS OF AGE  WHO  COMMITS  A  VEHICLE  AND  TRAFFIC  LAW
OFFENSE THAT DOES NOT CONSTITUTE A JUVENILE OFFENDER OFFENSE ON OR AFTER
JANUARY FIRST, TWO THOUSAND EIGHTEEN AND A PERSON SEVENTEEN YEARS OF AGE
WHO  COMMITS  SUCH  AN  OFFENSE  ON OR AFTER JANUARY FIRST, TWO THOUSAND
NINETEEN WHO IS SENTENCED TO A TERM OF IMPRISONMENT WHO IS UNDER THE AGE
OF TWENTY-ONE AT THE TIME HE OR SHE IS SENTENCED SHALL BE  COMMITTED  TO
THE  CUSTODY  OF  THE  COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES WHO SHALL ARRANGE CONFINEMENT OF SUCH OFFENDER IN FACILITIES OF
THE OFFICE.
  (A-2) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY,
COMMENCING  JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON WHO IS IN THE
CUSTODY OF, OR IS COMMITTED TO, THE DEPARTMENT OF CORRECTIONS AND COMMU-
NITY SUPERVISION WHO IS UNDER THE AGE  OF  EIGHTEEN  SHALL,  WITHIN  THE
DISCRETION  OF  THE  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
AND THE OFFICE OF CHILDREN AND FAMILY  SERVICES,  SUBJECT  TO  AVAILABLE
CAPACITY, AND WHEN CONSISTENT WITH THE PERSON'S CIRCUMSTANCES, BE TRANS-
FERRED  TO THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES WHO SHALL ARRANGE FOR THE CONFINEMENT OF  SUCH  OFFENDER
IN  FACILITIES  OF  THE  OFFICE.  THE  PLACEMENT FACILITY AND RELEASE OR
TRANSFER OF SUCH OFFENDERS  FROM  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  SHALL  BE GOVERNED BY SECTION FIVE HUNDRED EIGHT OF THE EXECU-
TIVE LAW.
  S 44-a. Paragraph (f) of subdivision 1 of section 70.30 of  the  penal
law, as added by chapter 481 of the laws of 1978 and relettered by chap-
ter 3 of the laws of 1995, is amended to read as follows:
  (f)  [The aggregate maximum term of consecutive sentences imposed upon
a juvenile offender for two or more crimes,  not  including  a  class  A
felony, committed before he has reached the age of sixteen, shall, if it
exceeds  ten years, be deemed to be ten years. If consecutive indetermi-
nate sentences imposed upon a juvenile offender include a  sentence  for
the class A felony of arson in the first degree or for the class A felo-
ny of kidnapping in the first degree, then the aggregate maximum term of
such  sentences  shall,  if  it  exceeds  fifteen years, be deemed to be
fifteen years. Where the aggregate maximum term of two or  more  consec-
utive  sentences is reduced by a calculation made pursuant to this para-

S. 6406--A                         110                        A. 9006--A

graph, the aggregate minimum period of imprisonment, if it exceeds  one-
half  of the aggregate maximum term as so reduced, shall be deemed to be
one-half of the aggregate maximum term as so reduced.] (I) THE AGGREGATE
TERM  OR  MAXIMUM  TERM OF CONSECUTIVE SENTENCES IMPOSED UPON A JUVENILE
OFFENDER FOR TWO OR MORE CRIMES COMMITTED PRIOR TO THE TIME  THE  PERSON
WAS  IMPRISONED  UNDER  ANY  OF  SUCH  SENTENCES, OTHER THAN TWO OR MORE
SENTENCES THAT INCLUDE A SENTENCE FOR A CLASS A FELONY,  OR  A  SENTENCE
FOR  A CLASS B VIOLENT FELONY, SHALL, IF IT EXCEEDS TEN YEARS, BE DEEMED
TO BE TEN YEARS, PROVIDED:
  (A) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE  DETERMINATE  AND  THE
AGGREGATE  TERM EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED
TO BE SERVING A DETERMINATE TERM OF TEN YEARS; AND
  (B) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE INDETERMINATE AND  THE
AGGREGATE MAXIMUM TERM EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE
DEEMED  TO  BE  SERVING  AN  INDETERMINATE SENTENCE, THE MAXIMUM TERM OF
WHICH SHALL BE DEEMED TO BE TEN YEARS AND THE AGGREGATE  MINIMUM  PERIOD
OF  WHICH,  IF  IT EXCEEDS FIVE YEARS, SHALL BE DEEMED TO BE FIVE YEARS;
AND
  (C) WHERE ONE OR MORE OF SUCH CONSECUTIVE SENTENCES IS  A  DETERMINATE
SENTENCE AND ONE OR MORE OF WHICH IS AN INDETERMINATE SENTENCE:
  (1)  IF THE AGGREGATE TERM OF THE DETERMINATE SENTENCES IS EQUAL TO OR
EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING A
DETERMINATE TERM OF TEN YEARS; AND
  (2) IF THE TERM OR AGGREGATE  TERM  OF  THE  DETERMINATE  SENTENCE  OR
SENTENCES  IS LESS THAN TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED
TO BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH SHALL
BE DEEMED TO BE TEN YEARS, AND THE MINIMUM  PERIOD  OF  WHICH  SHALL  BE
DEEMED TO BE FIVE YEARS OR SIX-SEVENTHS OF THE TERM OR AGGREGATE TERM OF
THE DETERMINATE SENTENCE OR SENTENCES, WHICHEVER IS GREATER.
  (II)  THE AGGREGATE MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED UPON
A JUVENILE OFFENDER FOR TWO OR MORE CRIMES COMMITTED PRIOR TO  THE  TIME
THE  PERSON  WAS IMPRISONED UNDER ANY OF SUCH SENTENCES, AT LEAST ONE OF
WHICH IS THE CLASS A FELONY OF ARSON IN THE FIRST DEGREE AS  DEFINED  BY
SECTION  150.20  OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION
135.25 OF THIS CHAPTER BUT NO OTHER CLASS A FELONY, AND DOES NOT INCLUDE
A SENTENCE IMPOSED FOR A CLASS B VIOLENT FELONY, SHALL,  IF  IT  EXCEEDS
FIFTEEN YEARS, BE DEEMED TO BE FIFTEEN YEARS, PROVIDED:
  (A)  WHERE  ALL  OF SUCH CONSECUTIVE SENTENCES ARE DETERMINATE AND THE
AGGREGATE TERM EXCEEDS FIFTEEN YEARS, THE  JUVENILE  OFFENDER  SHALL  BE
DEEMED TO BE SERVING A DETERMINATE TERM OF FIFTEEN YEARS; AND
  (B)  WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE INDETERMINATE AND THE
AGGREGATE MAXIMUM TERM EXCEEDS  FIFTEEN  YEARS,  THE  JUVENILE  OFFENDER
SHALL  BE  DEEMED  TO  BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM
TERM OF WHICH SHALL BE DEEMED TO BE  FIFTEEN  YEARS  AND  THE  AGGREGATE
MINIMUM  PERIOD  OF WHICH, IF IT EXCEEDS SEVEN AND ONE-HALF YEARS, SHALL
BE DEEMED TO BE SEVEN AND ONE-HALF YEARS; AND
  (C) WHERE ONE OR MORE OF SUCH CONSECUTIVE SENTENCES IS  A  DETERMINATE
SENTENCE AND ONE OR MORE OF WHICH IS AN INDETERMINATE SENTENCE:
  (1)  IF THE AGGREGATE TERM OF THE DETERMINATE SENTENCES IS EQUAL TO OR
EXCEEDS FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERV-
ING A DETERMINATE TERM OF FIFTEEN YEARS; AND
  (2) IF THE TERM OR AGGREGATE  TERM  OF  THE  DETERMINATE  SENTENCE  OR
SENTENCES  IS  LESS  THAN  FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE
DEEMED TO BE SERVING AN INDETERMINATE  SENTENCE,  THE  MAXIMUM  TERM  OF
WHICH  SHALL  BE  DEEMED  TO BE FIFTEEN YEARS, AND THE MINIMUM PERIOD OF
WHICH SHALL BE DEEMED TO BE SEVEN AND ONE-HALF YEARS OR SIX-SEVENTHS  OF

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THE  TERM  OR  AGGREGATE  TERM OF THE DETERMINATE SENTENCE OR SENTENCES,
WHICHEVER IS GREATER.
  S  44-b.  Section  70.45  of  the penal law is amended by adding a new
subdivision 2-b to read as follows:
  2-B. PERIODS OF POST-RELEASE SUPERVISION FOR  JUVENILE  OFFENDERS  AND
YOUTHFUL  OFFENDERS.  (A)  THE  PERIOD OF POST-RELEASE SUPERVISION FOR A
DETERMINATE SENTENCE IMPOSED UPON A  YOUTHFUL  OFFENDER  OR  A  JUVENILE
OFFENDER  ADJUDICATED  A YOUTHFUL OFFENDER MUST BE FIXED BY THE COURT AT
ONE YEAR.
  (B) THE PERIOD OF POST-RELEASE SUPERVISION FOR A DETERMINATE  SENTENCE
IMPOSED  UPON  A  JUVENILE  OFFENDER NOT ADJUDICATED A YOUTHFUL OFFENDER
MUST BE FIXED BY THE COURT IN WHOLE OR HALF YEARS AS FOLLOWS:
  (I) SUCH PERIOD SHALL BE ONE YEAR WHENEVER A DETERMINATE  SENTENCE  OF
IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS D OR CLASS E FELONY
OFFENSE;
  (II)  SUCH  PERIOD  SHALL  BE NOT LESS THAN ONE YEAR NOR MORE THAN TWO
YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON  A
CONVICTION OF A CLASS C FELONY OFFENSE;
  (III)  SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN THREE
YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON  A
CONVICTION  OF  A  CLASS  B FELONY OFFENSE; PROVIDED, HOWEVER, THAT SUCH
PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN FOUR YEARS WHENEVER
A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A
CLASS B VIOLENT FELONY OFFENSE WHERE  THE  DEFENDANT  WAS  SIXTEEN,  AND
COMMENCING  JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN YEARS OLD AT
THE TIME OF THE OFFENSE; AND
  (IV) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR  MORE  THAN  FIVE
YEARS  WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A
CONVICTION OF THE CLASS A FELONY OFFENSE OF ARSON IN THE FIRST DEGREE AS
DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE  AS  DEFINED
BY  SECTION  135.25  OF  THIS  CHAPTER,  AND A FIVE-YEAR PERIOD SHALL BE
IMPOSED PURSUANT TO SUBDIVISION TWO OF THIS SECTION WHENEVER A  DETERMI-
NATE  SENTENCE  IMPOSED  UPON  A JUVENILE OFFENDER FOR ANY OTHER CLASS A
FELONY.
  S 45. Subdivision 18 of section 10.00 of the penal law, as amended  by
chapter 7 of the laws of 2007, is amended to read as follows:
  18.  "Juvenile  offender" means (1) a person thirteen years old who is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25 of this chapter
or such conduct as a sexually motivated felony, where authorized  pursu-
ant to section 130.91 of [the penal law; and] THIS CHAPTER;
  (2) a person fourteen [or], fifteen OR SIXTEEN YEARS OLD OR COMMENCING
JANUARY  FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years old who is crimi-
nally responsible for acts constituting the crimes defined  in  subdivi-
sions one and two of section 125.25 (murder in the second degree) and in
subdivision three of such section provided that the underlying crime for
the  murder  charge is one for which such person is criminally responsi-
ble; section 135.25 (kidnapping in the first degree); 150.20  (arson  in
the  first  degree); subdivisions one and two of section 120.10 (assault
in the first degree); 125.20 (manslaughter in the first degree);  subdi-
visions one and two of section 130.35 (rape in the first degree); subdi-
visions  one and two of section 130.50 (criminal sexual act in the first
degree); 130.70 (aggravated sexual abuse in the  first  degree);  140.30
(burglary  in  the  first  degree);  subdivision  one  of section 140.25
(burglary in the second degree); 150.15 (arson in  the  second  degree);
160.15  (robbery in the first degree); subdivision two of section 160.10

S. 6406--A                         112                        A. 9006--A

(robbery in the second degree) of this chapter;  or  section  265.03  of
this  chapter,  where  such  machine gun or such firearm is possessed on
school grounds, as that phrase is defined  in  subdivision  fourteen  of
section 220.00 of this chapter; or defined in this chapter as an attempt
to commit murder in the second degree or kidnapping in the first degree,
or  such conduct as a sexually motivated felony, where authorized pursu-
ant to section 130.91 of [the penal law] THIS CHAPTER; AND
  (3) A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND  NINE-
TEEN, SEVENTEEN YEARS OLD WHO IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTI-
TUTING AN OFFENSE SET FORTH IN THE VEHICLE AND TRAFFIC LAW; ACTS CONSTI-
TUTING  A  VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS CHAPTER; ACTS
CONSTITUTING ANY CRIME IN THIS CHAPTER THAT IS CLASSIFIED AS A  CLASS  A
FELONY  EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT OF
THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER;  ACTS
CONSTITUTING  THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT IN
THE SECOND DEGREE); 120.04 (VEHICULAR  ASSAULT  IN  THE  FIRST  DEGREE);
120.04-A  (AGGRAVATED  VEHICULAR  ASSAULT); 125.10 (CRIMINALLY NEGLIGENT
HOMICIDE); 125.11 (AGGRAVATED  CRIMINALLY  NEGLIGENT  HOMICIDE);  125.12
(VEHICULAR   MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.13  (VEHICULAR
MANSLAUGHTER  IN  THE  FIRST  DEGREE);  125.14   (AGGRAVATED   VEHICULAR
MANSLAUGHTER);  125.15  (MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.20
(MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED  MANSLAUGHTER  IN
THE  SECOND  DEGREE);  125.22  (AGGRAVATED  MANSLAUGHTER  IN  THE  FIRST
DEGREE); 130.70 (AGGRAVATED SEXUAL ABUSE IN THE  FIRST  DEGREE);  130.75
(COURSE  OF  SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); 215.11
(TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE  CRIMI-
NAL  PROCEEDING  IN  WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH
PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH  A  WITNESS  IN
THE  SECOND  DEGREE)  PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE
PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT
THE CRIMINAL PROCEEDING IN WHICH THE PERSON  IS  TAMPERING  IS  ONE  FOR
WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL
CONTEMPT); 130.95 (PREDATORY SEXUAL ASSAULT); 220.41 (CRIMINAL SALE OF A
CONTROLLED  SUBSTANCE  IN THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A
CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.77 (OPERATING AS A  MAJOR
TRAFFICKER); 460.22 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45 (CRIMINAL
POSSESSION  OF  A  CHEMICAL  WEAPON  OR A BIOLOGICAL WEAPON IN THE FIRST
DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP-
ON IN THE SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A
BIOLOGICAL WEAPON IN THE FIRST DEGREE); ACTS  CONSTITUTING  A  SPECIFIED
OFFENSE  DEFINED  IN  SUBDIVISION  TWO OF SECTION 130.91 OF THIS CHAPTER
WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPEC-
IFIED OFFENSE DEFINED IN SUBDIVISION THREE OF  SECTION  490.05  OF  THIS
CHAPTER WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELO-
NY  DEFINED  IN  ARTICLE  FOUR  HUNDRED NINETY OF THIS CHAPTER; AND ACTS
CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10  AND
SECTION  105.15  PROVIDED  THAT  THE UNDERLYING CRIME FOR THE CONSPIRACY
CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE.
  S 46. Subdivision 42 of section 1.20 of the criminal procedure law, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
  42. "Juvenile offender" means (1) a person, thirteen years old who  is
criminally responsible for acts constituting murder in the second degree
as  defined  in  subdivisions one and two of section 125.25 of the penal
law, or such conduct as a sexually motivated  felony,  where  authorized
pursuant to section 130.91 of the penal law; [and] (2) a person fourteen

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[or],  fifteen  OR  SIXTEEN  YEARS OLD, OR COMMENCING JANUARY FIRST, TWO
THOUSAND NINETEEN, SEVENTEEN years old who is criminally responsible for
acts constituting the crimes defined in  subdivisions  one  and  two  of
section 125.25 (murder in the second degree) and in subdivision three of
such section provided that the underlying crime for the murder charge is
one  for  which  such  person  is criminally responsible; section 135.25
(kidnapping in the first degree); 150.20 (arson in  the  first  degree);
subdivisions  one  and  two  of  section  120.10  (assault  in the first
degree); 125.20 (manslaughter in the first degree); subdivisions one and
two of section 130.35 (rape in the first degree); subdivisions  one  and
two  of section 130.50 (criminal sexual act in the first degree); 130.70
(aggravated sexual abuse in the first degree); 140.30 (burglary  in  the
first degree); subdivision one of section 140.25 (burglary in the second
degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
first degree); subdivision two of section 160.10 (robbery in the  second
degree) of the penal law; or section 265.03 of the penal law, where such
machine  gun  or  such  firearm  is possessed on school grounds, as that
phrase is defined in subdivision fourteen of section 220.00 of the penal
law; or defined in the penal law as an attempt to commit murder  in  the
second  degree  or  kidnapping in the first degree, or such conduct as a
sexually motivated felony, where authorized pursuant to  section  130.91
of the penal law; AND (3) A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST,
TWO  THOUSAND  NINETEEN,  A PERSON SIXTEEN OR SEVENTEEN YEARS OLD WHO IS
CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING AN OFFENSE SET FORTH IN THE
VEHICLE AND TRAFFIC LAW; A VIOLENT FELONY DEFINED IN  SECTION  70.02  OF
THE  PENAL  LAW;  ACTS  CONSTITUTING  ANY CRIME IN THE PENAL LAW THAT IS
CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS  A  FELONIES  WHICH
REQUIRE,  AS  AN  ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN
YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED  IN  SECTION
120.03  (VEHICULAR  ASSAULT  IN  THE  SECOND  DEGREE); 120.04 (VEHICULAR
ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED  VEHICULAR  ASSAULT);
125.10  (CRIMINALLY  NEGLIGENT  HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY
NEGLIGENT  HOMICIDE);  125.12  (VEHICULAR  MANSLAUGHTER  IN  THE  SECOND
DEGREE);  125.13  (VEHICULAR  MANSLAUGHTER  IN THE FIRST DEGREE); 125.14
(AGGRAVATED VEHICULAR HOMICIDE);  125.15  (MANSLAUGHTER  IN  THE  SECOND
DEGREE);  125.20  (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED
MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED  MANSLAUGHTER  IN
THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE);
130.75  (COURSE  OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE);
215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT  THE
CRIMINAL  PROCEEDING  IN  WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH
SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH A  WITNESS
IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE
PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT
THE  CRIMINAL  PROCEEDING  IN  WHICH  THE PERSON IS TAMPERING IS ONE FOR
WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL
CONTEMPT);  130.95  (PREDATORY   SEXUAL   ASSAULT);   220.18   (CRIMINAL
POSSESSION  OF  A  CONTROLLED  SUBSTANCE  IN  THE SECOND DEGREE); 220.21
(CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE  IN  THE  FIRST  DEGREE);
220.41  (CRIMINAL  SALE OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE);
220.43 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN  THE  FIRST  DEGREE);
220.77  (OPERATING AS A MAJOR TRAFFICKER); 460.22 (AGGRAVATED ENTERPRISE
CORRUPTION); 490.45 (CRIMINAL POSSESSION  OF  A  CHEMICAL  WEAPON  OR  A
BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMI-
CAL  WEAPON OR A BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.55 (CRIMI-

S. 6406--A                         114                        A. 9006--A

NAL USE OF A CHEMICAL  WEAPON  OR  A  BIOLOGICAL  WEAPON  IN  THE  FIRST
DEGREE);  ACTS  CONSTITUTING  A SPECIFIED OFFENSE DEFINED IN SUBDIVISION
TWO OF SECTION 130.91 OF THE PENAL LAW  WHEN  COMMITTED  AS  A  SEXUALLY
MOTIVATED  FELONY;  ACTS  CONSTITUTING  A  SPECIFIED  OFFENSE DEFINED IN
SUBDIVISION THREE OF SECTION 490.05 OF THE PENAL LAW WHEN  COMMITTED  AS
AN  ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN ARTICLE FOUR
HUNDRED NINETY OF THE PENAL LAW; AND ACTS CONSTITUTING A CRIME SET FORTH
IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 OF THE PENAL LAW
PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS ONE  FOR
WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE.
  S  47. Subdivision 1 of section 500-a of the correction law is amended
by adding a new paragraph (h) to read as follows:
  (H) NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW  COMMENCING  JANUARY
FIRST,  TWO  THOUSAND  EIGHTEEN,  NO  COUNTY  JAIL SHALL BE USED FOR THE
CONFINEMENT OF ANY PERSON UNDER THE AGE OF SEVENTEEN  WHO  IS  SENTENCED
FOR  AN  OFFENSE COMMITTED ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGH-
TEEN, AND, COMMENCING JANUARY FIRST, TWO THOUSAND  NINETEEN,  NO  COUNTY
JAIL  SHALL  BE  USED FOR THE CONFINEMENT OF ANY PERSON UNDER THE AGE OF
EIGHTEEN WHO IS SENTENCED FOR AN OFFENSE COMMITTED ON OR  AFTER  JANUARY
FIRST,  TWO  THOUSAND NINETEEN.   PLACEMENT OF ANY PERSON WHO MAY NOT BE
CONFINED TO A COUNTY JAIL PURSUANT TO THIS SUBDIVISION SHALL  BE  DETER-
MINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  S  48.  The  criminal procedure law is amended by adding a new section
160.59 to read as follows:
S 160.59 SEALING OF CERTAIN CONVICTIONS.
  1. DEFINITIONS: AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
HAVE THE FOLLOWING MEANINGS;
  (A)  "ELIGIBLE  CONVICTION" SHALL MEAN ANY OFFENSE DEFINED IN THE LAWS
OF THIS STATE OTHER THAN A SEX OFFENSE DEFINED IN  ARTICLE  ONE  HUNDRED
THIRTY  OF  THE  PENAL  LAW,  AN  OFFENSE DEFINED IN ARTICLE TWO HUNDRED
SIXTY-THREE OF THE PENAL LAW, A FELONY OFFENSE DEFINED  IN  ARTICLE  ONE
HUNDRED  TWENTY-FIVE  OF THE PENAL LAW, A VIOLENT FELONY OFFENSE DEFINED
IN SECTION 70.02 OF THE PENAL LAW, A CLASS A FELONY OFFENSE  DEFINED  IN
THE PENAL LAW OTHER THAN A CLASS A FELONY OFFENSE DEFINED IN ARTICLE TWO
HUNDRED TWENTY OF THE PENAL LAW, OR AN OFFENSE FOR WHICH REGISTRATION AS
A  SEX  OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION
LAW.
  (B) "SENTENCING JUDGE" SHALL MEAN THE JUDGE  WHO  PRONOUNCED  SENTENCE
UPON  THE  CONVICTION UNDER CONSIDERATION, OR IF THAT JUDGE IS NO LONGER
SITTING IN A COURT IN THE  JURISDICTION  IN  WHICH  THE  CONVICTION  WAS
OBTAINED, ANY OTHER JUDGE WHO IS SITTING IN THE CRIMINAL COURT WHERE THE
JUDGMENT OF CONVICTION WAS ENTERED.
  2.  (A)  A  DEFENDANT  WHO  HAS  BEEN  CONVICTED OF UP TO TWO ELIGIBLE
OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE MAY APPLY TO THE COURT  IN
WHICH  HE  OR SHE WAS CONVICTED OF THE MOST SERIOUS OFFENSE TO HAVE SUCH
CONVICTION SEALED. IF ALL OFFENSES ARE OFFENSES WITH  THE  SAME  CLASSI-
FICATION,  THE  APPLICATION  SHALL  BE  MADE  TO  THE COURT IN WHICH THE
DEFENDANT WAS LAST CONVICTED.
  (B) AN APPLICATION SHALL CONTAIN (I) A COPY OF A CERTIFICATE OF DISPO-
SITION OR OTHER SIMILAR DOCUMENTATION FOR  ANY  OFFENSE  FOR  WHICH  THE
DEFENDANT  HAS BEEN CONVICTED, OR AN EXPLANATION OF WHY SUCH CERTIFICATE
OR OTHER DOCUMENTATION IS NOT AVAILABLE; (II) A SWORN STATEMENT  OF  THE
DEFENDANT  AS  TO  WHETHER HE OR SHE HAS FILED, OR THEN INTENDS TO FILE,
ANY APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE; (III) A  COPY
OF  ANY OTHER SUCH APPLICATION THAT HAS BEEN FILED; AND (IV) A STATEMENT
AS TO THE CONVICTION OR CONVICTIONS FOR WHICH RELIEF IS BEING SOUGHT.

S. 6406--A                         115                        A. 9006--A

  (C) A COPY OF ANY APPLICATION FOR SUCH SEALING SHALL  BE  SERVED  UPON
THE  DISTRICT  ATTORNEY  OF  THE  COUNTY  IN  WHICH  THE  CONVICTION WAS
OBTAINED.
  (D)  WHEN  SUCH  APPLICATION  IS  FILED  WITH  THE  COURT, IT SHALL BE
ASSIGNED TO THE SENTENCING JUDGE UNLESS MORE  THAN  ONE  APPLICATION  IS
FILED  IN  WHICH  CASE  THE  APPLICATION SHALL BE ASSIGNED TO THE COUNTY
COURT OR THE SUPREME COURT OF THE COUNTY IN WHICH THE CRIMINAL COURT  IS
LOCATED,  WHO  SHALL  REQUEST  AND RECEIVE FROM THE DIVISION OF CRIMINAL
JUSTICE SERVICES A FINGERPRINT BASED  CRIMINAL  HISTORY  RECORD  OF  THE
DEFENDANT,  INCLUDING  ANY SEALED OR SUPPRESSED RECORDS. THE DIVISION OF
CRIMINAL JUSTICE SERVICES ALSO SHALL INCLUDE A CRIMINAL HISTORY  REPORT,
IF  ANY, FROM THE FEDERAL BUREAU OF INVESTIGATION REGARDING ANY CRIMINAL
HISTORY INFORMATION THAT OCCURRED IN OTHER JURISDICTIONS.  THE  DIVISION
IS HEREBY AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU
OF  INVESTIGATION  FOR THIS PURPOSE, AND TO MAKE SUCH INFORMATION AVAIL-
ABLE TO THE COURT, WHICH MAY MAKE  THIS  INFORMATION  AVAILABLE  TO  THE
DISTRICT ATTORNEY AND THE DEFENDANT.
  3.  THE  SENTENCING  JUDGE, OR COUNTY OR SUPREME COURT SHALL SUMMARILY
DENY THE DEFENDANT'S APPLICATION WHEN:
  (A) THE DEFENDANT IS REQUIRED TO REGISTER AS A SEX  OFFENDER  PURSUANT
TO ARTICLE SIX-C OF THE CORRECTION LAW; OR
  (B)  THE  DEFENDANT  HAS  PREVIOUSLY  OBTAINED  SEALING OF THE MAXIMUM
NUMBER OF CONVICTIONS ALLOWABLE UNDER SECTION  160.58  OF  THE  CRIMINAL
PROCEDURE LAW; OR
  (C)  THE  DEFENDANT  HAS  PREVIOUSLY  OBTAINED  SEALING OF THE MAXIMUM
NUMBER OF CONVICTIONS ALLOWABLE UNDER SUBDIVISION FOUR OF THIS  SECTION;
OR
  (D)  THE TIME PERIOD SPECIFIED IN SUBDIVISION FIVE OF THIS SECTION HAS
NOT YET BEEN SATISFIED; OR
  (E) THE DEFENDANT HAS AN UNDISPOSED ARREST OR CHARGE PENDING; OR
  (F) THE DEFENDANT WAS CONVICTED OF ANY OFFENSE AFTER THE DATE  OF  THE
ENTRY OF JUDGEMENT OF THE LAST CONVICTION FOR WHICH SEALING IS SOUGHT.
  4.  PROVIDED  THAT  THE  APPLICATION  IS  NOT SUMMARILY DENIED FOR THE
REASONS SET FORTH IN SUBDIVISION THREE OF THIS SECTION, A DEFENDANT  WHO
STANDS  CONVICTED  OF UP TO TWO ELIGIBLE OFFENSES, MAY OBTAIN SEALING OF
NO MORE THAN TWO ELIGIBLE OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE.
  5. ANY ELIGIBLE OFFENSE MAY BE SEALED ONLY AFTER AT  LEAST  TEN  YEARS
HAVE  PASSED  SINCE  THE ENTRY OF THE JUDGMENT OF THE DEFENDANT'S LATEST
CONVICTION OR, IF THE DEFENDANT WAS SENTENCED TO INCARCERATION,  INCLUD-
ING  A PERIOD OF INCARCERATION IMPOSED IN CONJUNCTION WITH A SENTENCE OF
PROBATION, THE DEFENDANT'S RELEASE FROM INCARCERATION IMPOSED ON HIS  OR
HER LATEST CONVICTION.
  6.  UPON  DETERMINING THAT THE APPLICATION IS NOT SUBJECT TO MANDATORY
DENIAL PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND THAT THE APPLI-
CATION IS OPPOSED BY THE DISTRICT  ATTORNEY,  THE  SENTENCING  JUDGE  OR
COUNTY  OR  SUPREME  COURT SHALL CONDUCT A HEARING ON THE APPLICATION IN
ORDER TO CONSIDER ANY EVIDENCE OFFERED BY EITHER PARTY  THAT  WOULD  AID
THE  SENTENCING JUDGE IN HIS OR HER DECISION WHETHER TO SEAL THE RECORDS
OF THE DEFENDANT'S CONVICTIONS. NO HEARING IS REQUIRED IF  THE  DISTRICT
ATTORNEY DOES NOT OPPOSE THE APPLICATION.
  7. IN CONSIDERING ANY SUCH APPLICATION, THE SENTENCING JUDGE OR COUNTY
OR  SUPREME COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT NOT
LIMITED TO:
  (A) THE AMOUNT OF TIME THAT HAS ELAPSED  SINCE  THE  DEFENDANT'S  LAST
CONVICTION;

S. 6406--A                         116                        A. 9006--A

  (B)  THE  CIRCUMSTANCES  AND  SERIOUSNESS OF THE OFFENSE FOR WHICH THE
DEFENDANT IS SEEKING RELIEF;
  (C)  THE CIRCUMSTANCES AND SERIOUSNESS OF ANY OTHER OFFENSES FOR WHICH
THE DEFENDANT STANDS CONVICTED;
  (D) THE CHARACTER OF THE DEFENDANT, INCLUDING ANY  MEASURES  THAT  THE
DEFENDANT  HAS  TAKEN  TOWARD  REHABILITATION,  SUCH AS PARTICIPATING IN
TREATMENT PROGRAMS, WORK, OR SCHOOLING, AND PARTICIPATING  IN  COMMUNITY
SERVICE OR OTHER VOLUNTEER PROGRAMS;
  (E)  ANY  STATEMENTS  MADE  BY THE VICTIM OF THE OFFENSE FOR WHICH THE
DEFENDANT IS SEEKING RELIEF;
  (F) THE IMPACT OF SEALING THE DEFENDANT'S RECORD UPON HIS OR HER REHA-
BILITATION AND UPON HIS OR HER SUCCESSFUL  AND  PRODUCTIVE  REENTRY  AND
REINTEGRATION INTO SOCIETY; AND
  (G)  THE IMPACT OF SEALING THE DEFENDANT'S RECORD ON PUBLIC SAFETY AND
UPON THE PUBLIC'S CONFIDENCE IN AND RESPECT FOR THE LAW.
  8. WHEN A SENTENCING JUDGE OR COUNTY OR SUPREME COURT  ORDERS  SEALING
PURSUANT  TO  THIS  SECTION, ALL OFFICIAL RECORDS AND PAPERS RELATING TO
THE ARRESTS, PROSECUTIONS, AND CONVICTIONS, INCLUDING ALL DUPLICATES AND
COPIES THEREOF, ON FILE WITH THE DIVISION OF CRIMINAL  JUSTICE  SERVICES
OR  ANY  COURT  SHALL  BE SEALED AND NOT MADE AVAILABLE TO ANY PERSON OR
PUBLIC OR PRIVATE AGENCY EXCEPT AS PROVIDED FOR IN SUBDIVISION  NINE  OF
THIS  SECTION;  PROVIDED, HOWEVER, THE DIVISION SHALL RETAIN ANY FINGER-
PRINTS, PALMPRINTS AND PHOTOGRAPHS, OR DIGITAL IMAGES OF THE  SAME.  THE
CLERK  OF  SUCH  COURT  SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES REGARDING THE RECORDS  THAT  SHALL
BE  SEALED  PURSUANT  TO  THIS  SECTION. THE CLERK ALSO SHALL NOTIFY ANY
COURT IN WHICH THE DEFENDANT HAS STATED, PURSUANT TO  PARAGRAPH  (B)  OF
SUBDIVISION  TWO OF THIS SECTION, THAT HE OR SHE HAS FILED OR INTENDS TO
FILE AN APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE.
  9. RECORDS SEALED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO:
  (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT;
  (B) QUALIFIED AGENCIES, AS DEFINED  IN  SUBDIVISION  NINE  OF  SECTION
EIGHT  HUNDRED  THIRTY-FIVE  OF THE EXECUTIVE LAW, AND FEDERAL AND STATE
LAW ENFORCEMENT AGENCIES, WHEN ACTING WITHIN  THE  SCOPE  OF  THEIR  LAW
ENFORCEMENT DUTIES; OR
  (C)  ANY  STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE  APPLICA-
TION FOR SUCH A LICENSE; OR
  (D)  ANY  PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR  OF
SECTION  1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR EMPLOY-
MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
PERSON WHO IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER  OR  PEACE
OFFICER  SHALL  BE  FURNISHED  WITH A COPY OF ALL RECORDS OBTAINED UNDER
THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
TO; OR
  (E) THE CRIMINAL JUSTICE INFORMATION SERVICES DIVISION OF THE  FEDERAL
BUREAU  OF  INVESTIGATION,  FOR THE PURPOSES OF RESPONDING TO QUERIES TO
THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM REGARDING ATTEMPTS
TO PURCHASE OR OTHERWISE TAKE POSSESSION OF FIREARMS, AS DEFINED  IN  18
USC 921 (A) (3).
  S  48-a.  Subdivision 16 of section 296 of the executive law, as sepa-
rately amended by section 3 of part N and section  14  of  part  AAA  of
chapter 56 of the laws of 2009, is amended to read as follows:
  16.  It  shall  be an unlawful discriminatory practice, unless specif-
ically required or permitted by statute, for any person, agency, bureau,

S. 6406--A                         117                        A. 9006--A

corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
involved,  any arrest or criminal accusation of such individual not then
pending against that individual which was followed by a  termination  of
that  criminal  action  or  proceeding  in  favor of such individual, as
defined in subdivision two of section 160.50 of the  criminal  procedure
law,  or  by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law, or by a  conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure  law  or by a conviction which is sealed pursuant to section 160.59
OR 160.58 of the criminal procedure law, in connection with the  licens-
ing,  employment or providing of credit or insurance to such individual;
provided, further, that no person shall be required to divulge  informa-
tion  pertaining to any arrest or criminal accusation of such individual
not then pending against that individual which was followed by a  termi-
nation  of  that criminal action or proceeding in favor of such individ-
ual, as defined in subdivision two of section  160.50  of  the  criminal
procedure  law,  or  by  a youthful offender adjudication, as defined in
subdivision one of section 720.35 of the criminal procedure law, or by a
conviction for a violation sealed pursuant  to  section  160.55  of  the
criminal  procedure  law, or by a conviction which is sealed pursuant to
section 160.58 OR 160.59 of the criminal procedure law.  The  provisions
of  this  subdivision  shall  not  apply  to the licensing activities of
governmental bodies in relation to the regulation of guns, firearms  and
other  deadly weapons or in relation to an application for employment as
a police officer or peace officer as those terms are defined in subdivi-
sions thirty-three and thirty-four  of  section  1.20  of  the  criminal
procedure  law; provided further that the provisions of this subdivision
shall not apply to an application for employment or  membership  in  any
law enforcement agency with respect to any arrest or criminal accusation
which  was  followed  by a youthful offender adjudication, as defined in
subdivision one of section 720.35 of the criminal procedure law, or by a
conviction for a violation sealed pursuant  to  section  160.55  of  the
criminal  procedure  law, or by a conviction which is sealed pursuant to
section 160.58 OR 160.59 of the criminal procedure law.
  S 49. Subdivision 3 of section 720.15 of the criminal  procedure  law,
as  amended  by  chapter  774 of the laws of 1985, is amended to read as
follows:
  3. The provisions of subdivisions one and two of this section  requir-
ing or authorizing the accusatory instrument filed against a youth to be
sealed,  and  the  arraignment  and  all proceedings in the action to be
conducted in private shall not apply in connection with a pending charge
of committing any [felony] offense [as] defined in ARTICLE  ONE  HUNDRED
THIRTY  OR  ARTICLE  TWO  HUNDRED  SIXTY-THREE  OF  the  penal law. [The
provisions of subdivision one requiring the accusatory instrument  filed
against a youth to be sealed shall not apply where such youth has previ-
ously been adjudicated a youthful offender or convicted of a crime.]
  S  50.  Subdivision 1 of section 720.20 of the criminal procedure law,
as amended by chapter 652 of the laws of 1974, is  amended  to  read  as
follows:
  1.   Upon conviction of an eligible youth, the court must order a pre-
sentence investigation of the defendant.   After receipt  of  a  written
report  of the investigation and at the time of pronouncing sentence the
court must determine whether or not the eligible  youth  is  a  youthful

S. 6406--A                         118                        A. 9006--A

offender.   Such determination shall be in accordance with the following
criteria:
  (a)    If in the opinion of the court the interest of justice would be
served by relieving the eligible youth  from  the  onus  of  a  criminal
record and by not imposing an indeterminate term of imprisonment of more
than  four  years,  the  court may, in its discretion, find the eligible
youth is a youthful offender; [and]
  (b)  Where the conviction is had in a local  criminal  court  and  the
eligible youth had not prior to commencement of trial or entry of a plea
of  guilty  been  convicted of a crime or found a youthful offender, the
court must find he is a youthful offender[.]; AND
  (C) THERE SHALL BE A PRESUMPTION TO GRANT YOUTHFUL OFFENDER STATUS  TO
AN  ELIGIBLE  YOUTH  WHO HAS NOT PREVIOUSLY BEEN CONVICTED AND SENTENCED
FOR A FELONY, UNLESS THE DISTRICT ATTORNEY UPON  MOTION  WITH  NOT  LESS
THAN  SEVEN  DAYS'  NOTICE  TO SUCH PERSON OR HIS OR HER ATTORNEY DEMON-
STRATES TO THE SATISFACTION OF THE COURT THAT THE INTERESTS  OF  JUSTICE
REQUIRES OTHERWISE.
  S 51. Intentionally omitted.
  S 52. Intentionally omitted.
  S 53. Intentionally omitted.
  S 54. Paragraph (vi) of subdivision (a) and subdivision (e) of section
115  of  the  family  court  act,  paragraph  (vi) of subdivision (a) as
amended and subdivision (e) as added by chapter 222 of the laws of 1994,
are amended to read as follows:
  (vi) proceedings concerning juvenile delinquency as set forth in arti-
cle three THAT ARE COMMENCED IN FAMILY COURT.
  (e) The family court has concurrent  jurisdiction  with  the  criminal
court  over  all family offenses as defined in article eight of this act
AND HAS CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR  COURT
OVER  ANY  JUVENILE DELINQUENCY PROCEEDING RESULTING FROM THE REMOVAL OF
THE  CASE  TO  THE  FAMILY  COURT  PURSUANT  TO  ARTICLE  SEVEN  HUNDRED
TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
  S  55.  Subdivision  (b)  of  section  117  of the family court act is
REPEALED and a new subdivision (b) is added to read as follows:
  (B) THERE IS HEREBY ESTABLISHED IN THE FAMILY COURT IN THE CITY OF NEW
YORK AT LEAST ONE "DESIGNATED FELONY ACT PART" WHICH SHALL BE HELD SEPA-
RATE FROM ALL OTHER PROCEEDINGS OF THE COURT, AND SHALL  HAVE  JURISDIC-
TION  OVER  ALL JUVENILE DELINQUENCY PROCEEDINGS INVOLVING AN ALLEGATION
THAT A PERSON COMMITTED AN ACT THAT WOULD CONSTITUTE A DESIGNATED FELONY
ACT AS DEFINED IN SUBDIVISION EIGHT OF SECTION  301.2  OF  THIS  CHAPTER
THAT  ARE  NOT  REFERRED TO THE YOUTH PART OF A SUPERIOR COURT. ALL SUCH
PROCEEDINGS SHALL BE ORIGINATED IN OR BE TRANSFERRED TO SUCH  PART  FROM
OTHER  PARTS  AS  THEY ARE MADE KNOWN TO THE COURT.  OUTSIDE THE CITY OF
NEW YORK, ALL PROCEEDINGS INVOLVING SUCH  AN  ALLEGATION  SHALL  HAVE  A
HEARING  PREFERENCE  OVER  EVERY  OTHER  PROCEEDING IN THE COURT, EXCEPT
PROCEEDINGS UNDER ARTICLE TEN OF THIS CHAPTER.
  S 56. Subdivision 1 of section 301.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  1. "Juvenile delinquent" means a person  [over  seven  and  less  than
sixteen years of age, who, having committed an act that would constitute
a  crime if committed by an adult, (a) is not criminally responsible for
such conduct by reason of infancy, or (b) is the defendant in an  action
ordered  removed  from  a criminal court to the family court pursuant to
article seven hundred twenty-five of the criminal procedure law]:
  (A) WHO IS:

S. 6406--A                         119                        A. 9006--A

  (I) TEN OR ELEVEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTI-
TUTE A CRIME AS DEFINED IN SECTION 125.27 (MURDER IN THE  FIRST  DEGREE)
OR 125.25 (MURDER IN THE SECOND DEGREE) OF THE PENAL LAW IF COMMITTED BY
AN ADULT; OR
  (II)  AT  LEAST TWELVE YEARS OF AGE AND LESS THAN SIXTEEN YEARS OF AGE
WHO COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME IF  COMMITTED  BY  AN
ADULT; OR
  (III)  SIXTEEN  YEARS OF AGE OR COMMENCING JANUARY FIRST, TWO THOUSAND
NINETEEN, SIXTEEN OR SEVENTEEN YEARS OF AGE WHO COMMITTED  AN  ACT  THAT
WOULD  CONSTITUTE  A  CRIME, OR DISORDERLY CONDUCT AS DEFINED IN SECTION
240.20 OF THE PENAL LAW, OR HARASSMENT IN THE SECOND DEGREE  AS  DEFINED
IN SECTION 240.26 OF THE PENAL LAW IF COMMITTED BY AN ADULT; AND
  (B) WHO IS EITHER:
  (I)  NOT CRIMINALLY RESPONSIBLE FOR SUCH CONDUCT BY REASON OF INFANCY;
OR
  (II) THE DEFENDANT IN AN ACTION  BASED  ON  SUCH  ACT  THAT  HAS  BEEN
ORDERED  REMOVED  TO  THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED
TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
  S 57. Subdivisions 8 and 9 of section 301.2 of the family  court  act,
subdivision  8  as amended by chapter 7 of the laws of 2007 and subdivi-
sion 9 as added by chapter 920 of the laws of 1982, are amended to  read
as follows:
  8.  "Designated  felony  act" means an act which, if done by an adult,
would be a crime: (i) defined in sections 125.27 (murder  in  the  first
degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
first  degree);  or  150.20 (arson in the first degree) of the penal law
committed by a person thirteen, fourteen [or], fifteen, OR  SIXTEEN,  OR
COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years of age;
or  such conduct committed as a sexually motivated felony, where author-
ized pursuant to section 130.91  of  the  penal  law;  (ii)  defined  in
sections  120.10  (assault in the first degree); 125.20 (manslaughter in
the first degree); 130.35 (rape in the first degree);  130.50  (criminal
sexual  act in the first degree); 130.70 (aggravated sexual abuse in the
first degree); 135.20 (kidnapping in the second degree) but  only  where
the  abduction  involved  the  use  or  threat of use of deadly physical
force; 150.15 (arson in the second degree) or  160.15  (robbery  in  the
first  degree) of the penal law committed by a person thirteen, fourteen
[or], fifteen, OR SIXTEEN, OR, COMMENCING JANUARY  FIRST,  TWO  THOUSAND
NINETEEN, SEVENTEEN years of age; or such conduct committed as a sexual-
ly  motivated felony, where authorized pursuant to section 130.91 of the
penal law; (iii) defined in the penal law as an attempt to commit murder
in the first or second degree or kidnapping in the first degree  commit-
ted  by  a  person  thirteen,  fourteen  [or],  fifteen,  OR SIXTEEN, OR
COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years of age;
or such conduct committed as a sexually motivated felony, where  author-
ized  pursuant  to  section  130.91  of  the  penal law; (iv) defined in
section 140.30 (burglary  in  the  first  degree);  subdivision  one  of
section  140.25  (burglary  in  the  second  degree); subdivision two of
section 160.10 (robbery in the second  degree)  of  the  penal  law;  or
section  265.03 of the penal law, where such machine gun or such firearm
is possessed on school grounds, as that phrase is defined in subdivision
fourteen of section 220.00 of the penal law committed by a person  four-
teen  or  fifteen  years of age; or such conduct committed as a sexually
motivated felony, where authorized pursuant to  section  130.91  of  the
penal  law; (v) defined in section 120.05 (assault in the second degree)
or 160.10 (robbery in the second degree) of the penal law committed by a

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person fourteen [or], fifteen, OR SIXTEEN OR, COMMENCING JANUARY  FIRST,
TWO  THOUSAND  NINETEEN, SEVENTEEN years of age but only where there has
been a prior finding by a court that such person has previously  commit-
ted  an  act  which,  if  committed  by  an adult, would be the crime of
assault in the second degree, robbery in the second degree or any desig-
nated felony act specified in paragraph (i),  (ii),  or  (iii)  of  this
subdivision  regardless  of  the  age  of such person at the time of the
commission of the prior act; [or] (vi) other than a misdemeanor  commit-
ted  by  a person at least [seven] TWELVE but less than [sixteen] SEVEN-
TEEN years of age, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN  A
PERSON  AT  LEAST  TWELVE  BUT LESS THAN EIGHTEEN YEARS OF AGE, but only
where there has been two prior findings by the court  that  such  person
has committed a prior felony; OR (VII) DEFINED IN SECTION 125.10 (CRIMI-
NAL  NEGLIGENT HOMICIDE) OF THE PENAL LAW; 125.11 (AGGRAVATED CRIMINALLY
NEGLIGENT HOMICIDE) OF THE PENAL LAW; 125.15 (MANSLAUGHTER IN THE SECOND
DEGREE) OF THE PENAL LAW; 125.21 (AGGRAVATED MANSLAUGHTER IN THE  SECOND
DEGREE)  OF  THE PENAL LAW; 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST
DEGREE) OF THE PENAL LAW; 130.75 (COURSE OF  SEXUAL  CONDUCT  AGAINST  A
CHILD)  OF THE PENAL LAW; 130.95 (PREDATORY SEXUAL ASSAULT) OF THE PENAL
LAW; 220.77 (OPERATING AS A MAJOR TRAFFICKER) OF THE PENAL  LAW;  490.45
(CRIMINAL  POSSESSION OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE
FIRST DEGREE) OF THE PENAL LAW; 490.55 (CRIMINAL USE OF A CHEMICAL WEAP-
ON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE) OF THE  PENAL  LAW;  ACTS
CONSTITUTING A SPECIFIED OFFENSE DEFINED IN 130.91 OF THE PENAL LAW WHEN
COMMITTED  AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPECIFIED
OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THE PENAL  LAW
WHEN  COMMITTED  AS  AN  ACT OF TERRORISM; OR ACTS CONSTITUTING A FELONY
DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW, COMMITTED BY  A
PERSON  AT  LEAST  SIXTEEN  BUT  LESS  THAN  SEVENTEEN  YEARS OF AGE, OR
COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, AT  LEAST  SIXTEEN  BUT
LESS THAN EIGHTEEN YEARS OF AGE.
  9.  "Designated  class  A  felony  act"  means a designated felony act
[defined in paragraph (i) of subdivision eight] THAT WOULD CONSTITUTE  A
CLASS A FELONY IF COMMITTED BY AN ADULT.
  S 58. Subdivision 1 of section 302.1 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  1.  The  family  court  has  exclusive  original jurisdiction over any
proceeding to determine  whether  a  person  is  a  juvenile  delinquent
COMMENCED  IN  FAMILY  COURT  AND CONCURRENT JURISDICTION WITH THE YOUTH
PART OF A SUPERIOR COURT OVER ANY SUCH PROCEEDING REMOVED TO THE  FAMILY
COURT  PURSUANT  TO  ARTICLE  SEVEN  HUNDRED TWENTY-FIVE OF THE CRIMINAL
PROCEDURE LAW.
  S 59. Section 304.1 of the family court act, as added by  chapter  920
of the laws of 1982, subdivision 2 as amended by chapter 419 of the laws
of 1987, is amended to read as follows:
  S 304.1. Detention. 1. A facility certified by the [state division for
youth]  OFFICE  OF  CHILDREN AND FAMILY SERVICES as a juvenile DETENTION
facility must be operated in conformity  with  the  regulations  of  the
[state  division  for  youth  and shall be subject to the visitation and
inspection of the state board of social welfare] OFFICE OF CHILDREN  AND
FAMILY SERVICES.
  2.  No child to whom the provisions of this article may apply shall be
detained in any prison, jail, lockup, or other  place  used  for  adults
convicted  of  crime  or under arrest and charged with crime without the
approval of the [state division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES in the case of each child and  the  statement  of  its  reasons

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therefor.   The [state division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES shall promulgate and publish the rules which it shall apply  in
determining whether approval should be granted pursuant to this subdivi-
sion.
  3.  [The  detention  of  a  child  under  ten years of age in a secure
detention facility shall not be directed under any of the provisions  of
this article.
  4.] A detention facility which receives a child under subdivision four
of  section  305.2  OF  THIS  PART  shall immediately notify the child's
parent or other person legally responsible for his OR HER  care  or,  if
such  legally responsible person is unavailable the person with whom the
child resides, that he OR SHE has been placed in detention.
  S 60. Subdivision 1 of section 304.2 of the family court act, as added
by chapter 683 of the laws of 1984, is amended to read as follows:
  (1) Upon application by the presentment agency, OR UPON APPLICATION BY
THE PROBATION SERVICE AS PART OF THE ADJUSTMENT OF A CASE, the court may
issue a temporary order of protection  against  a  respondent  for  good
cause  shown,  ex  parte or upon notice, at any time after a juvenile is
taken into custody, pursuant to section 305.1 or 305.2 or upon the issu-
ance of an appearance ticket pursuant  to  section  307.1  or  upon  the
filing of a petition pursuant to section 310.1 OF THIS PART.
  S 61. Subdivision 1 of section 305.1 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  1.  A  private  person may take a child [under the age of sixteen] WHO
MAY BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR COMMITTING  AN  ACT
THAT  WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody in cases in
which [he] SUCH PRIVATE PERSON may arrest an adult  for  a  crime  under
section 140.30 of the criminal procedure law.
  S 62. Subdivision 2 of section 305.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  2.  An  officer may take a child [under the age of sixteen] WHO MAY BE
SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR  COMMITTING  AN  ACT  THAT
WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody without a warrant
in cases in which [he] THE OFFICER may arrest a person for a crime under
article one hundred forty of the criminal procedure law.
  S  63.  Paragraph  (b) of subdivision 4 of section 305.2 of the family
court act, as amended by chapter 492 of the laws of 1987, is amended  to
read as follows:
  (b)  forthwith  and with all reasonable speed take the child directly,
and without his first being taken to the police station  house,  to  the
family  court  located  in  the  county in which the act occasioning the
taking into custody allegedly was committed, OR, WHEN THE  FAMILY  COURT
IS NOT IN SESSION, TO THE MOST ACCESSIBLE MAGISTRATE, IF ANY, DESIGNATED
BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPART-
MENT  TO  CONDUCT A HEARING UNDER SECTION 307.4 OF THIS PART, unless the
officer determines that it is necessary to question the child, in  which
case  he OR SHE may take the child to a facility designated by the chief
administrator of the courts as a suitable place for the  questioning  of
children  or,  upon  the  consent  of  a  parent or other person legally
responsible for the care of the child,  to  the  child's  residence  and
there question him OR HER for a reasonable period of time; or
  S  64.  Subdivision  1  of  section  306.1 of the family court act, as
amended by chapter 645 of the laws  of  1996,  is  amended  to  read  as
follows:
  1.  Following  the  arrest  of a child alleged to be a juvenile delin-
quent, or the filing of a delinquency petition involving a child who has

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not been arrested, the arresting officer  or  other  appropriate  police
officer  or  agency shall take or cause to be taken fingerprints of such
child if:
  (a)  the  child is eleven years of age or older and the crime which is
the subject of the arrest or which is charged in  the  petition  consti-
tutes a class [A or B] A-I felony; [or] (b) THE CHILD IS TWELVE YEARS OF
AGE  OR  OLDER AND THE CRIME WHICH IS THE SUBJECT OF THE ARREST OR WHICH
IS CHARGED IN THE PETITION CONSTITUTES A CLASS A OR B FELONY; OR
  (C) the child is thirteen years of age or older and the crime which is
the subject of the arrest or which is charged in  the  petition  consti-
tutes a class C, D or E felony.
  S  65.  Subdivisions 2 and 4 of section 307.3 of the family court act,
subdivision 2 as amended by chapter 419 of the laws of 1987 and subdivi-
sion 4 as added by chapter 920 of the laws of 1982, are amended to  read
as follows:
  2.  When practicable such agency may release a child before the filing
of a petition to the custody of his  OR  HER  parents  or  other  person
legally  responsible for his OR HER care, or if such legally responsible
person is unavailable, to a person with whom he OR SHE resides, when the
events occasioning the taking into custody appear to involve allegations
that the child committed a  delinquent act; PROVIDED, HOWEVER, THAT SUCH
AGENCY MUST RELEASE THE CHILD IF:
  (A) SUCH EVENTS APPEAR TO INVOLVE  ONLY  ALLEGATIONS  THAT  THE  CHILD
COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE THAN A VIOLATION IF COMMIT-
TED BY AN ADULT; OR
  (B)  SUCH  EVENTS  APPEAR  TO  INVOLVE ONLY ALLEGATIONS THAT THE CHILD
COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT  NO  MORE
THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
  (I)  THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY TO ANOTHER
PERSON;
  (II) THE CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN  ACT  THAT
WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
  (III)  THE  CHILD  HAS  NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT
THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN  ADULT  AND  THAT
ACT ALSO DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED IN SUBDIVISION
NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON; AND
  (IV)  THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
  4.  If  the  agency for any reason does not release a child under this
section, such child shall be brought    before  the  appropriate  family
court, OR WHEN SUCH FAMILY COURT IS NOT IN SESSION, TO THE MOST ACCESSI-
BLE  MAGISTRATE,  IF  ANY,  DESIGNATED  BY THE APPELLATE DIVISION OF THE
SUPREME COURT IN THE APPLICABLE DEPARTMENT; PROVIDED, HOWEVER,  THAT  IF
SUCH  FAMILY  COURT  IS NOT IN SESSION AND IF A MAGISTRATE IS NOT AVAIL-
ABLE, SUCH YOUTH SHALL BE BROUGHT BEFORE SUCH FAMILY COURT within seven-
ty-two hours or the next day the court is in session, whichever is soon-
er. Such agency  shall  thereupon  file  an  application  for  an  order
pursuant to section 307.4 and shall forthwith serve a copy of the appli-
cation upon the appropriate presentment agency. Nothing in this subdivi-
sion shall preclude the adjustment of suitable cases pursuant to section
308.1.
  S  66.  The  section heading and subdivisions 1, 2, 3, 9, 12 and 13 of
section 308.1 of the family court act, the section heading and  subdivi-

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sions 1, 3, 9, 12 and 13 as added by chapter 920 of the laws of 1982 and
subdivision  2  as  amended  by section 3 of part V of chapter 55 of the
laws of 2012, are amended to read as follows:
  [Rules  of court for preliminary] PRELIMINARY procedure; ADJUSTMENT OF
CASES. 1. [Rules of court shall  authorize  and  determine  the  circum-
stances  under  which  the]  THE  probation  service may confer with any
person seeking to have a juvenile delinquency petition filed, the poten-
tial respondent and other interested persons concerning the advisability
of requesting that a petition be filed IN ACCORDANCE WITH THIS SECTION.
  2. (A) Except as provided in subdivisions three [and], four, AND THIR-
TEEN of this section, the probation service  may[,  in  accordance  with
rules  of  court,]  ATTEMPT  TO  adjust [suitable cases] A CASE before a
petition is filed IF THE PROBATION SERVICE DETERMINES THAT THE  CASE  IS
SUITABLE  FOR  ADJUSTMENT  BASED  ON THE ASSESSED LEVEL OF RISK THAT THE
CHILD WILL COMMIT ANOTHER ACT THAT WOULD CONSTITUTE A  CRIME  AS  DETER-
MINED  BY  A  VALIDATED RISK ASSESSMENT INSTRUMENT AND THE EXTENT OF ANY
PHYSICAL INJURY TO THE VICTIM.
  (B) IF A CHILD IS ASSESSED AT A LOW LEVEL OF RISK AND  THE  EVENTS  IN
THE  CASE  APPEAR  TO  INVOLVE ONLY ALLEGATIONS THAT THE CHILD COMMITTED
ACTS THAT WOULD CONSTITUTE A VIOLATION OR A MISDEMEANOR IF COMMITTED  BY
AN  ADULT,  THE  PROBATION SERVICE MUST DILIGENTLY ATTEMPT TO ADJUST THE
CASE.  SUCH ATTEMPTS MAY INCLUDE THE USE  OF  A  JUVENILE  REVIEW  BOARD
COMPRISED  OF  APPROPRIATE  COMMUNITY MEMBERS TO WORK WITH THE CHILD AND
HIS OR HER FAMILY ON DEVELOPING RECOMMENDED ADJUSTMENT ACTIVITIES.   THE
PROBATION SERVICE MAY STOP ATTEMPTING TO ADJUST SUCH A CASE IF IT DETER-
MINES  THAT THERE IS NO SUBSTANTIAL LIKELIHOOD THAT THE CHILD WILL BENE-
FIT FROM ATTEMPTS AT ADJUSTMENT IN THE TIME REMAINING FOR ADJUSTMENT  OR
THE TIME FOR ADJUSTMENT HAS EXPIRED.
  (C)  The  inability  of  the  respondent  or his or her family to make
restitution shall not be a factor in a decision to adjust a case or in a
recommendation to the presentment agency pursuant to subdivision six  of
this section.
  (D)  THE  PROBATION SERVICE MAY MAKE AN APPLICATION TO THE COURT FOR A
TEMPORARY ORDER OF PROTECTION AS PART OF THE ADJUSTMENT  OF  A  CASE  IN
ACCORDANCE WITH SECTION 304.2 OF THIS PART.
  (E)  Nothing  in  this section shall prohibit the probation service or
the court from directing a respondent to obtain employment and  to  make
restitution  from  the  earnings  from  such employment. Nothing in this
section shall prohibit the probation service or the court from directing
an eligible person to complete an education reform program in accordance
with section four hundred fifty-eight-l of the social services law.
  3. The probation service shall not  ATTEMPT  TO  adjust  a  case  THAT
COMMENCED  IN  FAMILY COURT in which the child has allegedly committed a
designated felony act THAT INVOLVES ALLEGATIONS THAT  THE  CHILD  CAUSED
PHYSICAL  INJURY  TO  A  PERSON  unless  [it]  THE PROBATION SERVICE has
received the written approval of the court.
  9. Efforts at adjustment [pursuant  to  rules  of  court]  under  this
section  may  not extend for a period of more than two months [without],
OR, FOR A PERIOD OF MORE THAN  FOUR  MONTHS  IF  THE  PROBATION  SERVICE
DETERMINES  THAT  ADJUSTMENT  BEYOND  THE  FIRST TWO MONTHS IS WARRANTED
BECAUSE DOCUMENTED BARRIERS TO ADJUSTMENT EXIST OR CHANGES  NEED  TO  BE
MADE TO THE CHILD'S SERVICES PLAN, EXCEPT UPON leave of the court, which
may extend the ADJUSTMENT period for an additional two months.
  12.  The  probation  service shall certify to the division of criminal
justice services  and  to  the  appropriate  police  department  or  law
enforcement  agency  whenever  it  adjusts a case in which the potential

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respondent's fingerprints were taken pursuant to section  306.1  in  any
manner  other than the filing of a petition for juvenile delinquency for
an act which, if committed by  an  adult,  would  constitute  a  felony,
provided,  however,  in  the case of a child [eleven or] twelve years of
age, such certification shall be made only if the act would constitute a
class A or B felony, OR, IN THE CASE OF A CHILD  ELEVEN  YEARS  OF  AGE,
SUCH  CERTIFICATION  SHALL  BE  MADE  ONLY IF THE ACT WOULD CONSTITUTE A
CLASS A-1 FELONY.
  13. The [provisions of  this  section]  PROBATION  SERVICE  shall  not
[apply]  ATTEMPT  TO  ADJUST  A  CASE  where the petition is an order of
removal to the family court pursuant to article  seven  hundred  twenty-
five  of  the  criminal procedure law UNLESS IT HAS RECEIVED THE WRITTEN
APPROVAL OF THE COURT.
  S 67. Paragraph (c) of subdivision 3 of section 311.1  of  the  family
court  act,  as  added by chapter 920 of the laws of 1982, is amended to
read as follows:
  (c) the fact that the respondent is a person [under sixteen years  of]
OF  THE  NECESSARY  age  TO  BE A JUVENILE DELINQUENT at the time of the
alleged act or acts;
  S 68. Subdivision 3 of section  320.5  of  the  family  court  act  is
amended by adding a new paragraph (a-1) to read as follows:
  (A-1)  NOTWITHSTANDING  PARAGRAPH  (A)  OF THIS SUBDIVISION, THE COURT
SHALL NOT DIRECT DETENTION IF:
  (I) THE EVENTS UNDERLYING THE INITIAL  APPEARANCE  APPEAR  TO  INVOLVE
ONLY  ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE NO
MORE THAN A VIOLATION IF COMMITTED BY AN ADULT; OR
  (II) SUCH EVENTS APPEAR TO INVOLVE ONLY  ALLEGATIONS  THAT  THE  CHILD
COMMITTED  ACTS  THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
  (1) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
  (2)  THE  RESPONDENT  DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT
THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
  (3) THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN  ACT
THAT  WOULD  CONSTITUTE  A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT
ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND
  (4) THE RESPONDENT WAS ASSESSED  AT  A  LOW  RISK  ON  THE  APPLICABLE
DETENTION  RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN
AND FAMILY SERVICES UNLESS THE COURT DETERMINES THAT DETENTION IS NECES-
SARY BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK  TO  PUBLIC
SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION IN THE COURT ORDER.
  S  69. Paragraphs (a) and (b) of subdivision 5 of section 322.2 of the
family court act, paragraph (a) as amended by chapter 41 of the laws  of
2010  and paragraph (b) as added by chapter 920 of the laws of 1982, are
amended to read as follows:
  5. (a) If the court finds that there is probable cause to believe that
the respondent committed a felony, it shall order the respondent commit-
ted to the custody of the commissioner of mental health or  the  commis-
sioner  of [mental retardation and] PERSONS WITH developmental disabili-
ties for an initial period not to exceed one year from the date of  such
order.  Such period may be extended annually upon further application to
the court by the commissioner having custody or  his  or  her  designee.
Such  application  must  be  made  not more than sixty days prior to the
expiration of such period on forms that  have  been  prescribed  by  the
chief  administrator  of the courts. At that time, the commissioner must
give written notice of the application to the  respondent,  the  counsel

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representing  the respondent and the mental hygiene legal service if the
respondent is at a residential facility. Upon receipt of  such  applica-
tion, the court must conduct a hearing to determine the issue of capaci-
ty. If, at the conclusion of a hearing conducted pursuant to this subdi-
vision,  the court finds that the respondent is no longer incapacitated,
he or she shall be returned to the family court for further  proceedings
pursuant  to this article. If the court is satisfied that the respondent
continues to be  incapacitated,  the  court  shall  authorize  continued
custody of the respondent by the commissioner for a period not to exceed
one  year. Such extensions shall not continue beyond a reasonable period
of time necessary to determine whether the respondent  will  attain  the
capacity  to proceed to a fact finding hearing in the foreseeable future
but in no event shall continue beyond the respondent's eighteenth birth-
day OR, IF THE RESPONDENT WAS AT LEAST SIXTEEN YEARS OF AGE WHEN THE ACT
WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST BIRTHDAY.
  (b) If a respondent is in the custody of  the  commissioner  upon  the
respondent's  eighteenth  birthday,  OR  IF  THE RESPONDENT WAS AT LEAST
SIXTEEN YEARS OF AGE WHEN THE ACT RESULTING IN THE  RESPONDENT'S  PLACE-
MENT  WAS  COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST BIRTHDAY, the
commissioner shall notify the clerk of the court that the respondent was
in his custody on such date and the court shall dismiss the petition.
  S 70. Subdivisions 1 and 5 of section 325.1 of the family  court  act,
subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
5  as  added  by chapter 920 of the laws of 1982, are amended to read as
follows:
  1. At the initial  appearance,  if  the  respondent  denies  a  charge
contained  in  the  petition and the court determines IN ACCORDANCE WITH
THE REQUIREMENTS OF SECTION 320.5 OF THIS PART that [he] THE  RESPONDENT
shall  be detained for more than three days pending a fact-finding hear-
ing, the court shall schedule a probable-cause hearing to determine  the
issues specified in section 325.3 OF THIS PART.
  5.  Where  the  petition  consists  of an order of removal pursuant to
article seven hundred twenty-five of the criminal procedure law,  unless
the  removal was pursuant to subdivision three of section 725.05 of such
law and the respondent was not afforded a probable cause hearing  pursu-
ant  to  subdivision  [three] TWO of section [180.75] 725.20 of such law
[for a reason other than his waiver thereof pursuant to subdivision  two
of section 180.75 of such law], the petition shall be deemed to be based
upon  a determination that probable cause exists to believe the respond-
ent is a juvenile delinquent and the respondent shall not be entitled to
any further inquiry on the subject of  whether  probable  cause  exists.
After  the filing of any such petition the court must, however, exercise
independent, de novo discretion with respect to release or detention  as
set forth in section 320.5 OF THIS PART.
  S  71.  Paragraph  (a) of subdivision 2 of section 352.2 of the family
court act, as amended by chapter 880 of the laws of 1985, is amended  to
read as follows:
  (a)  In  determining an appropriate order the court shall consider the
needs and best interests of the respondent  as  well  as  the  need  for
protection  of  the  community. If the respondent has committed a desig-
nated felony act the court shall determine the  appropriate  disposition
in  [accord]  ACCORDANCE  with  section 353.5 OF THIS PART. In all other
cases the court shall order the least restrictive available  alternative
enumerated  in  subdivision one OF THIS SECTION which is consistent with
the needs and  best  interests  of  the  respondent  and  the  need  for
protection of the community; PROVIDED, HOWEVER, THAT THE COURT SHALL NOT

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DIRECT  THE  PLACEMENT  OF  A  RESPONDENT  WITH A COMMISSIONER OF SOCIAL
SERVICES OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IF:
  (I)  THE  RESPONDENT ONLY COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE
THAN A VIOLATION IF COMMITTED BY AN ADULT; OR
  (II) THE RESPONDENT ONLY COMMITTED ACTS  THAT  WOULD  CONSTITUTE  MORE
THAN A VIOLATION BUT NO MORE THAN A MISDEMEANOR IF COMMITTED BY AN ADULT
IF:
  (1)  THE  ACTS  DID  NOT  RESULT  IN ANY PHYSICAL INJURY AS DEFINED IN
SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
  (2) THE RESPONDENT DOES NOT HAVE ANY PRIOR ADJUDICATIONS  FOR  AN  ACT
THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
  (3)  THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT
THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN  ADULT  AND  THAT
ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND
  (4)  THE  RESPONDENT  WAS  ASSESSED  AT  A  LOW RISK ON THE APPLICABLE
PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT APPROVED BY THE  OFFICE  OF
CHILDREN  AND  FAMILY  SERVICES  UNLESS THE COURT DETERMINES THAT SUCH A
PLACEMENT IS NECESSARY BECAUSE THE RESPONDENT OTHERWISE POSES  AN  IMMI-
NENT RISK TO PUBLIC SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION
IN THE COURT ORDER.
  S 72. The opening paragraph of subparagraph (iii) of paragraph (a) and
paragraph (d) of subdivision 4 of section 353.5 of the family court act,
as amended by section 6 of subpart A of part G of chapter 57 of the laws
of 2012, are amended to read as follows:
  after  the  period  set under subparagraph (ii) of this paragraph, the
respondent shall be placed in a residential facility  for  a  period  of
twelve months; provided, however, that if the respondent has been placed
from  a family court in a social services district operating an approved
juvenile justice services close to home initiative pursuant  to  section
four  hundred  four of the social services law FOR AN ACT COMMITTED WHEN
THE RESPONDENT WAS UNDER SIXTEEN YEARS OF AGE, once the time  frames  in
subparagraph (ii) of this paragraph are met:
  (d)  Upon  the  expiration  of the initial period of placement, or any
extension thereof, the placement may  be  extended  in  accordance  with
section  355.3  on a petition of any party or the office of children and
family services, or, if applicable, a social services district operating
an approved juvenile justice services close to home initiative  pursuant
to  section four hundred four of the social services law, after a dispo-
sitional hearing, for an additional period not to exceed twelve  months,
but  no  initial  placement or extension of placement under this section
may continue beyond the respondent's twenty-first birthday, OR,  FOR  AN
ACT  THAT  WAS COMMITTED WHEN THE RESPONDENT WAS SIXTEEN YEARS OF AGE OR
OLDER, THE RESPONDENT'S TWENTY-THIRD BIRTHDAY.
  S 73. Paragraph (d) of subdivision 4 of section 353.5  of  the  family
court  act, as amended by chapter 398 of the laws of 1983, is amended to
read as follows:
  (d) Upon the expiration of the initial period  of  placement,  or  any
extension  thereof,  the  placement  may  be extended in accordance with
section 355.3 on a petition of any party or  the  [division  for  youth]
OFFICE  OF  CHILDREN  AND FAMILY SERVICES after a dispositional hearing,
for an additional period not to exceed twelve  months,  but  no  initial
placement  or  extension  of  placement  under this section may continue
beyond the respondent's twenty-first birthday, OR, FOR AN ACT  THAT  WAS
COMMITTED  WHEN  THE  RESPONDENT  WAS SIXTEEN YEARS OF AGE OR OLDER, THE
RESPONDENT'S TWENTY-THIRD BIRTHDAY.

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  S 74. Subdivision 1, 2, 6 and 7 of section 354.1 of the  family  court
act, subdivision 1 as added by chapter 920 of the laws of 1982, subdivi-
sions  2,  6  and  7  as amended by chapter 645 of the laws of 1996, are
amended to read as follows:
  1.  If  a  person  whose  fingerprints, palmprints or photographs were
taken pursuant to section 306.1 or  was  initially  fingerprinted  as  a
juvenile  offender  and  the  action is subsequently removed to a family
court pursuant to article seven  hundred  twenty-five  of  the  criminal
procedure  law  is adjudicated to be a juvenile delinquent for a felony,
the family court shall forward or cause to be forwarded to the  division
of  criminal justice services notification of such adjudication and such
related information as may  be  required  by  such  division,  provided,
however,  in  the  case of a person eleven [or twelve] years of age such
notification shall be provided only if the act upon  which  the  adjudi-
cation  is based would constitute a class [A or B] A-1 felony OR, IN THE
CASE OF A PERSON  TWELVE  YEARS  OF  AGE,  SUCH  NOTIFICATION  SHALL  BE
PROVIDED  ONLY  IF  THE  ACT  UPON WHICH THE ADJUDICATION IS BASED WOULD
CONSTITUTE A CLASS A OR B FELONY.
  2. If a person whose  fingerprints,  palmprints  or  photographs  were
taken  pursuant  to  section  306.1  or was initially fingerprinted as a
juvenile offender and the action is subsequently removed to family court
pursuant to article seven hundred twenty-five of the criminal  procedure
law  has had all petitions disposed of by the family court in any manner
other than an adjudication of juvenile delinquency for a felony, but  in
the case of acts committed when such person was eleven [or twelve] years
of  age  which would constitute a class [A or B] A-1 felony only, OR, IN
THE CASE OF ACTS COMMITTED WHEN SUCH PERSON  WAS  TWELVE  YEARS  OF  AGE
WHICH  WOULD  CONSTITUTE  A  CLASS  A OR B FELONY ONLY, all such finger-
prints, palmprints, photographs, and copies thereof, and all information
relating to such  allegations  obtained  by  the  division  of  criminal
justice services pursuant to section 306.1 shall be destroyed forthwith.
The  clerk of the court shall notify the commissioner of the division of
criminal justice services and the heads of all  police  departments  and
law  enforcement  agencies  having  copies  of  such  records, who shall
destroy such records without unnecessary delay.
  6. If a person fingerprinted pursuant to section 306.1 and subsequent-
ly adjudicated a juvenile delinquent for a felony, but in  the  case  of
acts  committed  when  such a person was eleven [or twelve] years of age
which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
CONSTITUTE A CLASS A OR B FELONY ONLY, is subsequently  convicted  of  a
crime, all fingerprints and related information obtained by the division
of  criminal justice services pursuant to such section and not destroyed
pursuant to subdivisions two, five and seven or  subdivision  twelve  of
section 308.1 shall become part of such division's permanent adult crim-
inal record for that person, notwithstanding section 381.2 or 381.3.
  7.  When  a  person fingerprinted pursuant to section 306.1 and subse-
quently adjudicated a juvenile delinquent for a felony, but in the  case
of  acts  committed when such person was eleven [or twelve] years of age
which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
CONSTITUTE A CLASS A OR B FELONY ONLY, reaches the age of twenty-one, or
has been discharged from placement under this act  for  at  least  three
years,  whichever occurs later, and has no criminal convictions or pend-
ing  criminal  actions  which  ultimately  terminate   in   a   criminal
conviction,  all  fingerprints,  palmprints,  photographs,  and  related

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information and copies thereof obtained pursuant to section 306.1 in the
possession of the division of  criminal  justice  services,  any  police
department,  law  enforcement  agency  or  any  other  agency  shall  be
destroyed  forthwith.  The  division  of criminal justice services shall
notify the agency or agencies which forwarded fingerprints to such divi-
sion pursuant to section 306.1 of  their  obligation  to  destroy  those
records  in  their  possession. In the case of a pending criminal action
which does not terminate in a criminal conviction, such records shall be
destroyed forthwith upon such determination.
  S 75. Subdivision 6 of section 355.3  of  the  family  court  act,  as
amended  by  chapter  663  of  the  laws  of 1985, is amended to read as
follows:
  6. Successive extensions of placement under this section may be grant-
ed, but no placement may be made or continued  beyond  the  respondent's
eighteenth  birthday  without  the  child's  consent  FOR ACTS COMMITTED
BEFORE THE RESPONDENT'S SIXTEENTH BIRTHDAY and  in  no  event  past  the
child's twenty-first birthday EXCEPT AS PROVIDED FOR IN SUBDIVISION FOUR
OF SECTION 353.5.
  S  76.  Paragraph  (b) of subdivision 3 of section 355.5 of the family
court act, as amended by chapter 145 of the laws of 2000, is amended  to
read as follows:
  (b)  subsequent  permanency hearings shall be held no later than every
twelve months following the respondent's initial twelve months in place-
ment BUT IN  NO  EVENT  PAST  THE  RESPONDENT'S  TWENTY-FIRST  BIRTHDAY;
provided, however, that they shall be held in conjunction with an exten-
sion  of placement hearing held pursuant to section 355.3 of this [arti-
cle] PART.
  S 77. Section 360.3 of the family court act is amended by adding a new
subdivision 7 to read as follows:
  7.  NOTHING HEREIN SHALL AUTHORIZE A RESPONDENT TO BE  DETAINED  UNDER
SUBDIVISION  TWO OF THIS SECTION OR PLACED UNDER SUBDIVISION SIX OF THIS
SECTION FOR A VIOLATION OF A CONDITION THAT WOULD NOT CONSTITUTE A CRIME
IF COMMITTED BY AN ADULT  UNLESS  THE  COURT  DETERMINES  (A)  THAT  THE
RESPONDENT  POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFETY AND STATES
THE REASONS FOR THE FINDING ON THE RECORD OR (B) THE  RESPONDENT  IS  ON
PROBATION  FOR  AN ACT THAT WOULD CONSTITUTE A VIOLENT FELONY AS DEFINED
IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN ADULT AND  THE  USE
OF GRADUATED SANCTIONS HAS BEEN EXHAUSTED WITHOUT SUCCESS.
  S  78. Subdivisions 5 and 6 of section 371 of the social services law,
subdivision 5 as added by chapter 690 of the laws of 1962, and  subdivi-
sion  6  as  amended  by chapter 596 of the laws of 2000, are amended to
read as follows:
  5. "Juvenile delinquent" means a person  [over  seven  and  less  than
sixteen  years of age who does any act which, if done by an adult, would
constitute a crime] AS DEFINED IN SECTION 301.2 OF THE FAMILY COURT ACT.
  6. "Person in need of supervision" means a person [less than  eighteen
years of age who is habitually truant or who is incorrigible, ungoverna-
ble  or habitually disobedient and beyond the lawful control of a parent
or other person legally responsible for  such  child's  care,  or  other
lawful  authority]  AS  DEFINED  IN  SECTION SEVEN HUNDRED TWELVE OF THE
FAMILY COURT ACT.
  S 79. Subdivisions 3 and 4 of section 502 of the executive law, subdi-
vision 3 as amended by section 1 of subpart B of part Q of chapter 58 of
the laws of 2011 and subdivision 4 as added by chapter 465 of  the  laws
of 1992, are amended to read as follows:

S. 6406--A                         129                        A. 9006--A

  3.  "Detention" means the temporary care and maintenance of youth held
away from their homes pursuant to article three [or seven] of the family
court act, or held pending a hearing for alleged violation of the condi-
tions of release from an office of children and family services facility
or authorized agency, or held pending a hearing for alleged violation of
the  condition  of parole as a juvenile offender, or held pending return
to a jurisdiction other than the one in which the youth is held, or held
pursuant to a securing order of a criminal  court  if  the  youth  named
therein as principal is charged as a juvenile offender or held pending a
hearing  on  an  extension  of  placement  or held pending transfer to a
facility upon commitment or placement by a court OR PURSUANT TO  ARTICLE
SEVEN  OF  THE FAMILY COURT ACT IF THE PETITION PURSUANT TO SUCH ARTICLE
WAS FILED PRIOR TO JANUARY FIRST, TWO THOUSAND NINETEEN. Only alleged or
convicted juvenile offenders who have not attained their eighteenth  OR,
COMMENCING  JANUARY  FIRST,  TWO  THOUSAND  EIGHTEEN, THEIR TWENTY-FIRST
birthday shall be subject to detention in a detention facility.
  4. For purposes of this article, the term "youth" shall [be synonymous
with the term "child" and means] MEAN a person not less than seven years
of age and not more than twenty OR COMMENCING JANUARY FIRST,  TWO  THOU-
SAND EIGHTEEN, NOT MORE THAN TWENTY-TWO years of age.
  S  80.  Paragraph  (a)  of  subdivision 2 and subdivision 5 of section
507-a of the executive law, as amended by chapter 465  of  the  laws  of
1992, are amended to read as follows:
  (a) Consistent with other provisions of law, only those youth who have
reached the age of [seven] TEN but who have not reached the age of twen-
ty-one  may  be  placed in[, committed to or remain in] the [division's]
custody OF THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES.  EXCEPT  AS
PROVIDED  FOR  IN  PARAGRAPH (A-1) OF THIS SUBDIVISION, NO YOUTH WHO HAS
REACHED THE AGE OF TWENTY-ONE MAY REMAIN IN CUSTODY  OF  THE  OFFICE  OF
CHILDREN AND FAMILY SERVICES.
  (A-1) (I) A YOUTH WHO IS COMMITTED TO THE OFFICE OF CHILDREN AND FAMI-
LY  SERVICES  AS  A JUVENILE OFFENDER OR YOUTHFUL OFFENDER MAY REMAIN IN
THE CUSTODY OF THE OFFICE DURING THE  PERIOD  OF  HIS  OR  HER  SENTENCE
BEYOND THE AGE OF TWENTY-ONE IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
VISION  FIVE OF SECTION FIVE HUNDRED EIGHT OF THIS TITLE BUT IN NO EVENT
MAY SUCH A YOUTH REMAIN IN THE CUSTODY OF THE OFFICE BEYOND HIS  OR  HER
TWENTY-THIRD BIRTHDAY; AND (II) A YOUTH FOUND TO HAVE COMMITTED A DESIG-
NATED  CLASS  A  FELONY  ACT WHO IS RESTRICTIVELY PLACED WITH THE OFFICE
UNDER SUBDIVISION FOUR OF SECTION 353.5 OF  THE  FAMILY  COURT  ACT  FOR
COMMITTING  AN ACT ON OR AFTER THE YOUTH'S SIXTEENTH BIRTHDAY MAY REMAIN
IN THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES UP  TO  THE
AGE OF TWENTY-THREE IN ACCORDANCE WITH HIS OR HER PLACEMENT ORDER.
  (A-2)  Whenever  it shall appear to the satisfaction of the [division]
OFFICE OF CHILDREN AND FAMILY SERVICES that any youth  placed  therewith
is  not  of  proper age to be so placed or is not properly placed, or is
mentally or physically incapable of being materially  benefited  by  the
program  of the [division] OFFICE, the [division] OFFICE shall cause the
return of such youth to the county from which placement was made.
  5. Consistent with other provisions of law, in the discretion  of  the
[director,  youth]  COMMISSIONER  OF  THE  OFFICE OF CHILDREN AND FAMILY
SERVICES, YOUTH PLACED WITHIN THE OFFICE UNDER THE FAMILY COURT ACT  who
attain the age of eighteen while in [division] custody OF THE OFFICE AND
WHO  ARE  NOT  REQUIRED  TO REMAIN IN THE PLACEMENT WITH THE OFFICE AS A
RESULT OF A DISPOSITIONAL ORDER OF THE FAMILY  COURT  may  reside  in  a
non-secure  facility  until  the  age  of twenty-one, provided that such

S. 6406--A                         130                        A. 9006--A

youth attend a full-time vocational or educational program and are like-
ly to benefit from such program.
  S  81.    Paragraphs  (a),  (b), (c), (d) and (e) of subdivision 2 and
subdivision 4 of section 508 of the executive law are REPEALED.
  S 82. Subdivisions 1, 2, 3, 5, 6, 7, 8 and 9 of  section  508  of  the
executive  law,  subdivision  1 as amended by chapter 738 of the laws of
2004, subdivision 2 as amended by chapter  572  of  the  laws  of  1985,
subdivision 3 as added by chapter 481 of the laws of 1978 and renumbered
by  chapter  465 of the laws of 1992, subdivisions 5, 6 and 7 as amended
by section 97 of subpart B of part C of chapter 62 of the laws of  2011,
subdivision  8  as added by chapter 560 of the laws of 1984 and subdivi-
sion 9 as added by chapter 7 of the laws of 2007, are amended and a  new
subdivision 1-a is added to read as follows:
  1.  The office of children and family services shall maintain [secure]
facilities for the care and confinement of juvenile offenders  committed
[for  an  indeterminate, determinate or definite sentence] TO THE OFFICE
pursuant to the sentencing provisions of the penal law. Such  facilities
shall  provide  appropriate services to juvenile offenders including but
not limited to residential care, educational  and  vocational  training,
physical and mental health services, and employment counseling.
  1-A.    (A)  (I) THE STATE SHALL ESTABLISH ONE OR MORE FACILITIES WITH
ENHANCED SECURITY FEATURES AND SPECIALLY TRAINED STAFF  TO  SERVE  THOSE
YOUTH  SENTENCED  FOR  COMMITTING  OFFENSES  ON OR AFTER THEIR SIXTEENTH
BIRTHDAY WHO ARE  DETERMINED,  BASED  ON  THE  PLACEMENT  CLASSIFICATION
PROTOCOL  ESTABLISHED  PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, TO
NEED AN ENHANCED LEVEL OF SECURE CARE WHICH SHALL BE ADMINISTERED BY THE
OFFICE OF CHILDREN AND FAMILY SERVICES.
  (II) A COUNCIL COMPRISED OF THE COMMISSIONER OF THE OFFICE OF CHILDREN
AND FAMILY SERVICES, THE COMMISSIONER OF THE DEPARTMENT  OF  CORRECTIONS
AND  COMMUNITY  SUPERVISION, THE COMMISSIONER OF THE STATE COMMISSION OF
CORRECTION, AND THE COMMISSIONER OF THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  SHALL BE ESTABLISHED TO OVERSEE THE OPERATION OF THE FACILITY.
THE GOVERNOR SHALL DESIGNATE THE CHAIR OF THE COUNCIL. THE COUNCIL SHALL
HAVE THE POWER TO PERFORM ALL ACTS NECESSARY TO  CARRY  OUT  ITS  DUTIES
INCLUDING  MAKING  UNANNOUNCED VISITS AND INSPECTIONS OF THE FACILITY AT
ANY TIME. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  STATE  LAW  TO  THE
CONTRARY,  THE  COUNCIL  MAY  REQUEST AND THE OFFICE SHALL SUBMIT TO THE
COUNCIL, TO THE EXTENT PERMITTED BY FEDERAL LAW, ALL INFORMATION IN  THE
FORM  AND  MANNER  AND  AT SUCH TIMES AS THE COUNCIL MAY REQUIRE THAT IS
APPROPRIATE TO THE PURPOSES AND OPERATION OF THE  COUNCIL.  THE  COUNCIL
SHALL  BE  SUBJECT TO THE SAME LAWS AS APPLY TO THE OFFICE REGARDING THE
PROTECTION AND CONFIDENTIALITY OF THE INFORMATION MADE AVAILABLE TO  THE
COUNCIL AND SHALL PREVENT ACCESS THERETO BY, OR THE DISTRIBUTION THEREOF
TO, PERSONS NOT AUTHORIZED BY LAW.
  (III)  YOUTH DIVISION AIDES AND OTHER APPROPRIATE STAFF WORKING IN THE
FACILITY SHALL RECEIVE SPECIALIZED TRAINING TO ADDRESS WORKING WITH  THE
TYPES  OF  YOUTH  PLACED IN THE FACILITY, WHICH SHALL INCLUDE BUT NOT BE
LIMITED TO, TRAINING ON TACTICAL RESPONSES AND DE-ESCALATION TECHNIQUES.
ANY APPLICANT FOR EMPLOYMENT IN THE FACILITY AS A  YOUTH  DIVISION  AIDE
SHALL  BE  SUBJECT TO THE SAME REQUIREMENTS AND PROCESSES FOR PSYCHOLOG-
ICAL SCREENING AS APPLICANTS FOR  EMPLOYMENT  AS  CORRECTIONAL  OFFICERS
WITH THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION PURSUANT TO
SECTION EIGHT OF THE CORRECTION LAW INCLUDING THE RIGHT TO REVIEW BY THE
INDEPENDENT   ADVISORY  BOARD  ESTABLISHED  PURSUANT  TO  SUCH  SECTION,
PROVIDED, HOWEVER, THAT WHEN REFERRED TO IN  SUCH  SECTION  "DEPARTMENT"
SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES AND "COMMISSIONER"

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SHALL  MEAN  THE  COMMISSIONER  OF  THE  OFFICE  OF  CHILDREN AND FAMILY
SERVICES. ALL STAFF OF THE FACILITY SHALL  BE  SUBJECT  TO  RANDOM  DRUG
TESTS.
  (B)  THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION OR THE
STATE COMMISSION OF CORRECTION SHALL ASSIGN AN ASSISTANT COMMISSIONER TO
ASSIST THE OFFICE OF CHILDREN AND FAMILY SERVICES, ON A PERMANENT BASIS,
WITH THE SECURITY ISSUES RELATING TO OPERATING  FACILITIES  SERVING  THE
ADDITIONAL YOUTH SENTENCED TO THE OFFICE.
  (C)  THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION OR THE
STATE COMMISSION OF CORRECTION AND THE OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  SHALL JOINTLY ESTABLISH A PLACEMENT CLASSIFICATION PROTOCOL TO
BE USED BY THE ASSISTANT COMMISSIONER ASSIGNED TO THE OFFICE PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION AND AN OFFICE OF CHILDREN  AND  FAMILY
SERVICES OFFICIAL DESIGNATED BY THE COMMISSIONER OF THE OFFICE TO DETER-
MINE  THE  APPROPRIATE  LEVEL  OF  CARE  FOR EACH YOUTH SENTENCED TO THE
OFFICE.  THE PROTOCOL SHALL INCLUDE, BUT NOT NECESSARILY BE LIMITED  TO,
CONSIDERATION  OF  THE  NATURE  OF  THE  YOUTH'S OFFENSE AND THE YOUTH'S
HISTORY AND SERVICE NEEDS.
  (D) ANY NEW FACILITIES DEVELOPED BY THE OFFICE OF CHILDREN AND  FAMILY
SERVICES  TO  SERVE  THE  ADDITIONAL  YOUTH  PLACED WITH THE OFFICE AS A
RESULT OF RAISING THE AGE OF JUVENILE JURISDICTION SHALL, TO THE  EXTENT
PRACTICABLE,  CONSIST OF SMALLER, MORE HOME-LIKE FACILITIES LOCATED NEAR
THE YOUTHS' HOMES AND FAMILIES THAT PROVIDE  GENDER-RESPONSIVE  PROGRAM-
MING,  SERVICES  AND  TREATMENT IN SMALL, CLOSELY SUPERVISED GROUPS THAT
OFFER EXTENSIVE AND ON-GOING INDIVIDUAL ATTENTION AND ENCOURAGE SUPPORT-
IVE PEER RELATIONSHIPS.
  2. Juvenile offenders COMMITTED TO THE OFFICE  FOR  COMMITTING  CRIMES
PRIOR  TO  THE AGE OF SIXTEEN shall be confined in such facilities until
the age of twenty-one IN ACCORDANCE WITH THEIR SENTENCES, and shall  not
be  released, discharged or permitted home visits except pursuant to the
provisions of this section.
  3. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall  report
in  writing to the sentencing court and district attorney, not less than
once every six months during the period of confinement, on  the  status,
adjustment, programs and progress of the offender.
  [5.]  4.  The  office  of children and family services may transfer an
offender not less than eighteen [nor more than twenty-one] years of  age
to  the  department  of  corrections  and  community  supervision if the
commissioner of the office certifies to the commissioner of  corrections
and  community  supervision that there is no substantial likelihood that
the youth will benefit from the programs offered by office facilities.
  [6. At age twenty-one, all] 5. (A) ALL juvenile offenders COMMITTED TO
THE OFFICE FOR COMMITTING A CRIME PRIOR TO THE YOUTH'S SIXTEENTH  BIRTH-
DAY WHO STILL HAVE TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT shall be
transferred  AT  AGE  TWENTY-ONE  to  the  custody  of the department of
corrections and community supervision for confinement  pursuant  to  the
correction law.
  [7.]  (B)  ALL  OFFENDERS  COMMITTED  OR TRANSFERRED TO THE OFFICE FOR
COMMITTING A CRIME ON OR AFTER THEIR SIXTEENTH BIRTHDAY WHO  STILL  HAVE
TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT SHALL BE TRANSFERRED TO THE
CUSTODY  OF  THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION FOR
CONFINEMENT PURSUANT TO THE CORRECTION LAW AFTER COMPLETING TWO YEARS OF
CARE IN OFFICE OF CHILDREN AND FAMILY SERVICES  FACILITIES  UNLESS  THEY
ARE  WITHIN  FOUR MONTHS OF COMPLETING THE IMPRISONMENT PORTION OF THEIR
SENTENCE AND THE OFFICE DETERMINES, IN ITS DISCRETION, ON A CASE-BY-CASE
BASIS THAT THE YOUTH SHOULD BE PERMITTED TO REMAIN WITH THE  OFFICE  FOR

S. 6406--A                         132                        A. 9006--A

THE ADDITIONAL SHORT PERIOD OF TIME NECESSARY TO ENABLE THEM TO COMPLETE
THEIR  SENTENCE.  IN MAKING SUCH A DETERMINATION, THE FACTORS THE OFFICE
MAY CONSIDER INCLUDE, BUT ARE NOT LIMITED TO, THE AGE OF THE YOUTH,  THE
AMOUNT  OF  TIME  REMAINING ON THE YOUTH'S SENTENCE OF IMPRISONMENT, THE
LEVEL OF THE YOUTH'S PARTICIPATION IN THE PROGRAM,  THE  YOUTH'S  EDUCA-
TIONAL AND VOCATIONAL PROGRESS, THE OPPORTUNITIES AVAILABLE TO THE YOUTH
THROUGH  THE  OFFICE  AND  THROUGH THE DEPARTMENT, AND THE LENGTH OF THE
YOUTH'S POST-RELEASE SUPERVISION SENTENCE.  NOTHING  IN  THIS  PARAGRAPH
SHALL  AUTHORIZE  A  YOUTH TO REMAIN IN AN OFFICE FACILITY BEYOND HIS OR
HER TWENTY-THIRD BIRTHDAY.
  (C) COMMENCING JANUARY FIRST,  TWO  THOUSAND  EIGHTEEN,  ALL  JUVENILE
OFFENDERS WHO ARE ELIGIBLE TO BE RELEASED FROM AN OFFICE OF CHILDREN AND
FAMILY  SERVICES  FACILITY BEFORE THEY ARE REQUIRED TO BE TRANSFERRED TO
THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND WHO ARE ABLE
TO COMPLETE THE FULL-TERM OF THEIR  POST-RELEASE  SUPERVISION  SENTENCES
BEFORE  THEY TURN TWENTY-THREE YEARS OF AGE SHALL REMAIN WITH THE OFFICE
OF CHILDREN AND FAMILY SERVICES FOR POST-RELEASE SUPERVISION.
  (D) COMMENCING JANUARY FIRST,  TWO  THOUSAND  EIGHTEEN,  ALL  JUVENILE
OFFENDERS RELEASED FROM AN OFFICE OF CHILDREN AND FAMILY SERVICES FACIL-
ITY  BEFORE  THEY  ARE  TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION WHO ARE UNABLE TO COMPLETE THE FULL-TERM OF  THEIR
POST-RELEASE  SUPERVISION  SENTENCES BEFORE THEY TURN TWENTY-THREE YEARS
OF AGE SHALL BE UNDER THE SUPERVISION OF THE DEPARTMENT  OF  CORRECTIONS
AND COMMUNITY SUPERVISION UNTIL EXPIRATION OF THE MAXIMUM TERM OR PERIOD
OF  SENTENCE,  OR  EXPIRATION OF SUPERVISION, INCLUDING ANY POST-RELEASE
SUPERVISION AS THE CASE MAY BE PROVIDED, HOWEVER, THAT THE OFFICE  SHALL
ASSIST  SUCH  DEPARTMENT IN PLANNING FOR THE YOUTH'S POST-RELEASE SUPER-
VISION.
  6. While in the custody of the office of children and family services,
an offender shall be subject to the rules and regulations of the office,
except that his  OR  HER  parole,  POST-RELEASE  SUPERVISION,  temporary
release  and  discharge  shall  be  governed  by  the laws applicable to
inmates of state correctional facilities and  his  OR  HER  transfer  to
state  hospitals  in  the  office  of mental health shall be governed by
section five hundred nine of this chapter; PROVIDED,  HOWEVER,  THAT  AN
OTHERWISE  ELIGIBLE  JUVENILE OFFENDER MAY RECEIVE THE SIX-MONTH LIMITED
CREDIT TIME ALLOWANCE  FOR  SUCCESSFUL  PARTICIPATION  IN  ONE  OR  MORE
PROGRAMS  DEVELOPED  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES THAT
ARE COMPARABLE TO THE  PROGRAMS  SET  FORTH  IN  SECTION  EIGHT  HUNDRED
THREE-B  OF  THE  CORRECTION  LAW,  TAKING INTO CONSIDERATION THE AGE OF
JUVENILE OFFENDERS.   The commissioner of the  office  of  children  and
family  services shall, however, establish and operate temporary release
programs at office  of  children  and  family  services  facilities  AND
PROVIDE  POST-RELEASE  SUPERVISION  for  eligible juvenile offenders and
[contract with the department of corrections and  community  supervision
for  the  provision of parole] PROVIDE supervision [services] for tempo-
rary releasees AND JUVENILES ON POST-RELEASE SUPERVISION.  The rules and
regulations for these programs shall not be inconsistent with  the  laws
for temporary release AND POST-RELEASE SUPERVISION applicable to inmates
of  state correctional facilities. For the purposes of temporary release
programs for juvenile offenders only, when referred  to  or  defined  in
article  twenty-six  of the correction law, "institution" shall mean any
facility designated by the commissioner of the office  of  children  and
family  services,  "department"  shall  mean  the office of children and
family services, "inmate" shall mean a juvenile offender residing in  an
office  of  children  and  family  services facility, and "commissioner"

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shall mean the [director] COMMISSIONER of the  office  of  children  and
family  services.  FOR THE PURPOSES OF SUCH POST-RELEASE SUPERVISION FOR
JUVENILE OFFENDERS UNDER PARAGRAPH  (C)  OF  SUBDIVISION  FIVE  OF  THIS
SECTION  ONLY,  WHEN  REFERRED  TO  IN SECTION 70.45 OF THE PENAL LAW OR
ARTICLE  TWELVE-B  OF  THE  EXECUTIVE  LAW,  THE  TERM  "DEPARTMENT   OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION",  "DEPARTMENT",  "DIVISION  OF
PAROLE", "DIVISION", "BOARD OF PAROLE" AND "BOARD" SHALL MEAN THE OFFICE
OF CHILDREN AND FAMILY SERVICES, AND THE TERM "COMMISSIONER" SHALL  MEAN
THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES. Time spent in office of
children and family services facilities and in juvenile detention facil-
ities shall be credited towards the sentence imposed in the same  manner
and  to  the  same  extent  applicable  to inmates of state correctional
facilities.
  [8] 7.  Whenever a juvenile offender or a  juvenile  offender  adjudi-
cated a youthful offender shall be delivered to the director of [a divi-
sion  for  youth]  AN  OFFICE  OF  CHILDREN AND FAMILY SERVICES facility
pursuant to a commitment to the [director of  the  division  for  youth]
OFFICE  OF  CHILDREN AND FAMILY SERVICES, the officer so delivering such
person shall deliver to such facility director a certified copy  of  the
sentence  received  by such officer from the clerk of the court by which
such person shall have been sentenced, a  copy  of  the  report  of  the
probation  officer's  investigation  and  report, any other pre-sentence
memoranda filed with the court,  a  copy  of  the  person's  fingerprint
records,  a  detailed  summary of available medical records, psychiatric
records and  reports  relating  to  assaults,  or  other  violent  acts,
attempts  at  suicide  or escape by the person while in the custody of a
local detention facility.
  [9] 8.  Notwithstanding any provision of law, including  section  five
hundred  one-c  of  this  article,  the  office  of  children and family
services shall make records pertaining to a person convicted  of  a  sex
offense  as  defined  in  subdivision (p) of section 10.03 of the mental
hygiene law available upon request to the commissioner of mental  health
or  the  commissioner of [mental retardation and] THE OFFICE FOR PERSONS
WITH developmental disabilities, as appropriate; a  case  review  panel;
and  the  attorney general; in accordance with the provisions of article
ten of the mental hygiene law.
  S 83. Section 712 of the family court act, as amended by  chapter  920
of  the  laws of 1982, subdivision (a) as amended by section 7 of part G
of chapter 58 of the laws of 2010, subdivision (b) as amended by chapter
465 of the laws of 1992, subdivision (g) as amended by section 2 of part
B of chapter 3 of the laws of 2005, subdivision (h) as added by  chapter
7  of the laws of 1999, subdivision (i) as amended and subdivisions (j),
(k), (l) and (m) as added by chapter 38 of the laws of 2014, is  amended
to read as follows:
  S 712. Definitions. As used in this article, the following terms shall
have the following meanings:
  (a) "Person in need of supervision". A person less than eighteen years
of  age  who does not attend school in accordance with the provisions of
part one of article sixty-five of the education law or who is incorrigi-
ble, ungovernable  or  habitually  disobedient  and  beyond  the  lawful
control of a parent or other person legally responsible for such child's
care,  or  other  lawful  authority,  or  who violates the provisions of
section 221.05 or 230.00 of the penal law, or who appears to be a  sexu-
ally exploited child as defined in paragraph (a), (c) or (d) of subdivi-
sion  one  of  section four hundred forty-seven-a of the social services

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law, but only if the child consents to the filing of  a  petition  under
this article.
  (b)  ["Detention". The temporary care and maintenance of children away
from their own homes as defined in section five hundred two of the exec-
utive law.
  (c) "Secure detention facility". A  facility  characterized  by  phys-
ically restricting construction, hardware and procedures.
  (d)  "Non-secure  detention facility". A facility characterized by the
absence of physically restricting construction, hardware and procedures.
  (e)] "Fact-finding  hearing".  A  hearing  to  determine  whether  the
respondent did the acts alleged to show that he OR SHE violated a law or
is  incorrigible,  ungovernable or habitually disobedient and beyond the
control of his OR HER parents, guardian or legal custodian.
  [(f)] (C) "Dispositional hearing". A hearing to determine whether  the
respondent requires supervision or treatment.
  [(g)]  (D)  "Aggravated circumstances". Aggravated circumstances shall
have the same meaning as the definition of such term in subdivision  (j)
of section one thousand twelve of this act.
  [(h)]  (E)  "Permanency  hearing".  A  hearing held in accordance with
paragraph (b) of subdivision two of section seven hundred fifty-four  or
section  seven  hundred  fifty-six-a  of this article for the purpose of
reviewing the foster care status of the respondent and the  appropriate-
ness of the permanency plan developed by the social services official on
behalf of such respondent.
  [(i)]  (F)  "Diversion  services".   Services provided to children and
families pursuant to section seven hundred thirty-five of  this  article
for  the  purpose of avoiding the need to file a petition [or direct the
detention of the child]. Diversion services shall  include:  efforts  to
adjust  cases pursuant to this article before a petition is filed, or by
order of the court, after the petition is filed but before  fact-finding
is  commenced;  and  preventive  services  provided  in  accordance with
section four hundred nine-a of the social  services  law  to  avert  the
placement of the child [into foster care], including crisis intervention
and  respite  services.    Diversion services may also include, in cases
where any person is seeking to file a petition  that  alleges  that  the
child  has a substance use disorder or is in need of immediate detoxifi-
cation or substance use disorder services, an assessment  for  substance
use   disorder;   provided,  however,  that  notwithstanding  any  other
provision of law to the contrary, the designated lead agency  shall  not
be  required  to pay for all or any portion of the costs of such assess-
ment or substance use disorder or  detoxification  services,  except  in
cases  where medical assistance for needy persons may be used to pay for
all or any portion of the costs of such assessment or services.
  [(j)] (G) "Substance use disorder". The misuse of, dependence  on,  or
addiction  to  alcohol  and/or legal or illegal drugs leading to effects
that are detrimental to the person's physical and mental health  or  the
welfare of others.
  [(k)]  (H)  "Assessment  for  substance use disorder". Assessment by a
provider that has  been  certified  by  the  office  of  alcoholism  and
substance  abuse  services  of  a person less than eighteen years of age
where it is alleged that the youth is suffering  from  a  substance  use
disorder  which  could  make  a  youth a danger to himself or herself or
others.
  [(l)] (I) "A substance use disorder which could make a youth a  danger
to  himself  or  herself  or  others".  A substance use disorder that is
accompanied by the dependence on, or the repeated use or abuse of, drugs

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or alcohol to the point of intoxication such that the person is in  need
of immediate detoxification or other substance use disorder services.
  [(m)]  (J)  "Substance  use disorder services". Substance use disorder
services shall have the same meaning as provided for in section 1.03  of
the mental hygiene law.
  S  84. The part heading of part 2 of article 7 of the family court act
is amended to read as follows:
                         CUSTODY [AND DETENTION]
  S 85. Section 720 of the family court act, as amended by  chapter  419
of  the laws of 1987, subdivision 3 as amended by section 9 of subpart B
of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by
section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c)
of subdivision 5 as added by section 8 of part G of chapter  58  of  the
laws of 2010, is amended to read as follows:
  S 720. Detention PRECLUDED. [1.] THE DETENTION OF A CHILD SHALL NOT BE
DIRECTED  UNDER  ANY OF THE PROVISIONS OF THIS ARTICLE, EXCEPT AS OTHER-
WISE AUTHORIZED BY THE INTERSTATE COMPACT ON JUVENILES. No child to whom
the provisions of this article may apply, shall be detained in any pris-
on, jail, lockup, or other place used for adults convicted of  crime  or
under arrest and charged with a crime.
  [2.  The detention of a child in a secure detention facility shall not
be directed under any of the provisions of this article.
  3. Detention of a person alleged to be or adjudicated as a  person  in
need  of  supervision  shall,  except as provided in subdivision four of
this section, be authorized only in a foster care program  certified  by
the  office  of children and family services, or a certified or approved
family boarding home, or a non-secure detention  facility  certified  by
the  office  and in accordance with section seven hundred thirty-nine of
this article. The setting of the detention shall take into  account  (a)
the  proximity  to  the  community  in which the person alleged to be or
adjudicated as a person in need of supervision lives with such  person's
parents or to which such person will be discharged, and (b) the existing
educational  setting of such person and the proximity of such setting to
the location of the detention setting.
  4. Whenever detention is authorized and ordered pursuant to this arti-
cle, for a person alleged to be or adjudicated as a person  in  need  of
supervision, a family court in a city having a population of one million
or  more  shall,  notwithstanding  any  other  provision  of law, direct
detention in a foster care facility established and maintained  pursuant
to the social services law. In all other respects, the detention of such
a  person  in  a  foster care facility shall be subject to the identical
terms and conditions for detention as are set forth in this article  and
in section two hundred thirty-five of this act.
  5.  (a) The court shall not order or direct detention under this arti-
cle, unless the court determines that there is no substantial likelihood
that the youth and his or her  family  will  continue  to  benefit  from
diversion services and that all available alternatives to detention have
been exhausted; and
  (b)  Where the youth is sixteen years of age or older, the court shall
not order or direct detention  under  this  article,  unless  the  court
determines  and  states in its order that special circumstances exist to
warrant such detention.
  (c) If the respondent may be a sexually exploited child as defined  in
subdivision  one  of  section  four  hundred forty-seven-a of the social
services law, the court may direct the respondent to an available short-
term safe house as defined in subdivision two of  section  four  hundred

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forty-seven-a   of   the  social  services  law  as  an  alternative  to
detention.]
  S 86. Section 727 of the family court act is REPEALED.
  S  87. The section heading and subdivisions (c) and (d) of section 728
of the family court act, subdivision (d) as added by chapter 145 of  the
laws  of  2000, paragraph (i) as added and paragraph (ii) of subdivision
(d) as renumbered by section 5 of part E of chapter 57 of  the  laws  of
2005,  and  paragraph (iii) as amended and paragraph (iv) of subdivision
(d) as added by section 10 of subpart B of part Q of chapter 58  of  the
laws of 2011, are amended to read as follows:
  Discharge[,]  OR  release  [or  detention]  by judge after hearing and
before filing of petition in custody cases.
  (c) An order of release under this  section  may,  but  need  not,  be
conditioned  upon the giving of a recognizance in accord with [sections]
SECTION seven hundred twenty-four (b) (i).
  [(d) Upon a finding of facts and reasons  which  support  a  detention
order pursuant to this section, the court shall also determine and state
in any order directing detention:
  (i)  that there is no substantial likelihood that the youth and his or
her family will continue to benefit from diversion services and that all
available alternatives to detention have been exhausted; and
  (ii) whether continuation of the child in the child's  home  would  be
contrary  to the best interests of the child based upon, and limited to,
the facts and circumstances available to the court at the  time  of  the
hearing held in accordance with this section; and
  (iii) where appropriate, whether reasonable efforts were made prior to
the  date  of the court hearing that resulted in the detention order, to
prevent or eliminate the need for removal of the child from his  or  her
home or, if the child had been removed from his or her home prior to the
court  appearance  pursuant  to this section, where appropriate, whether
reasonable efforts were made to make it possible for the child to safely
return home; and
  (iv) whether the setting of the detention takes into account the prox-
imity to the community in which the person alleged to be or  adjudicated
as  a  person in need of supervision lives with such person's parents or
to which such person will be discharged, and  the  existing  educational
setting of such person and the proximity of such setting to the location
of the detention setting.]
  S 88. Section 729 of the family court act is REPEALED.
  S 89. Subdivisions (b) and (f) and paragraph (i) of subdivision (d) of
section 735 of the family court act, subdivision (b) as amended by chap-
ter  38 of the laws of 2014, paragraph (i) of subdivision (d) as amended
by chapter 535 of the laws of 2011  and  subdivision  (f)  as  added  by
section  7  of  part E of chapter 57 of the laws of 2005, are amended to
read as follows:
  (b) The designated lead agency shall:
  (i) confer with any person seeking to file a petition, the  youth  who
may  be  a potential respondent, his or her family, and other interested
persons, concerning the provision of diversion services before any peti-
tion may be filed; and
  (ii) diligently attempt to prevent the filing of a petition under this
article or, after the petition is filed, to prevent the placement of the
youth into foster care; and
  (iii) assess whether the youth would benefit from residential  respite
services; and

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  (iv) ASSESS WHETHER THE YOUTH IS A SEXUALLY EXPLOITED CHILD AS DEFINED
IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW AND, IF
SO, WHETHER SUCH YOUTH SHOULD BE REFERRED TO A SAFE HOUSE; AND
  (V)  determine  whether  alternatives  to detention are appropriate to
avoid remand of the youth to detention INCLUDING WHETHER THE  YOUTH  AND
HIS  OR  HER  FAMILY  SHOULD  BE REFERRED TO AN AVAILABLE FAMILY SUPPORT
CENTER; and
  [(v)] (VI) determine whether an assessment of the youth for  substance
use  disorder  by  an  office of alcoholism and substance abuse services
certified provider is necessary when a person seeking to file a petition
alleges in such petition that the youth is suffering  from  a  substance
use  disorder  which could make the youth a danger to himself or herself
or others. Provided, however, that notwithstanding any  other  provision
of law to the contrary, the designated lead agency shall not be required
to pay for all or any portion of the costs of such assessment or for any
substance use disorder or detoxification services, except in cases where
medical  assistance  for needy persons may be used to pay for all or any
portion of the costs of such assessment or services. The office of alco-
holism and substance abuse services shall make a list of  its  certified
providers available to the designated lead agency.
  (i)  providing,  at the first contact, information on the availability
of or a referral to services in the geographic area where the youth  and
his  or  her  family  are located that may be of benefit in avoiding the
need to file a petition under this article; including the  availability,
for  up  to  twenty-one  days,  of a residential respite program, if the
youth and his or her parent or other person legally responsible for  his
or  her care agree, and the availability of other non-residential crisis
intervention programs such as A FAMILY  SUPPORT  CENTER,  family  crisis
counseling  or alternative dispute resolution programs or an educational
program as defined in section four hundred fifty-eight-l of  the  social
services law.
  (f)  Efforts  to  prevent  the  filing  of a petition pursuant to this
section may extend until the  designated  lead  agency  determines  that
there  is no substantial likelihood that the youth and his or her family
will benefit from further attempts. Efforts  at  diversion  pursuant  to
this  section  may  continue  after  the  filing of a petition where the
designated lead agency determines that the youth and his or  her  family
will  benefit  from  further  attempts to prevent PLACEMENT OF the youth
[from entering foster care] IN ACCORDANCE  WITH  SECTION  SEVEN  HUNDRED
FIFTY-SIX OF THIS ARTICLE.
  S  90.  Section 739 of the family court act, as amended by chapter 920
of the laws of 1982, subdivision (a) as amended by section 10 of part  G
of  chapter  58 of the laws of 2010, subdivision (c) as added by chapter
145 of the laws of 2000, is amended to read as follows:
  S 739. Release or [detention] REFERRAL after filing  of  petition  and
prior  to  order  of  disposition.  [(a)] After the filing of a petition
under section seven hundred thirty-two of this part, the  court  in  its
discretion  may release the respondent [or direct his or her detention].
If the respondent may be a sexually exploited child as defined in subdi-
vision one of section four hundred forty-seven-a of the social  services
law, the court may direct the respondent to an available short-term safe
house  [as  an  alternative  to  detention. However, the court shall not
direct detention unless it finds and states the facts and reasons for so
finding that unless the respondent is detained there  is  a  substantial
probability  that  the respondent will not appear in court on the return
date and all available alternatives to detention have been exhausted.

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  (b) Unless the respondent waives a determination that  probable  cause
exists  to  believe  that  he  is  a  person  in need of supervision, no
detention under this section may last more than three  days  (i)  unless
the  court  finds, pursuant to the evidentiary standards applicable to a
hearing  on  a  felony complaint in a criminal court, that such probable
cause exists, or (ii) unless special circumstances exist, in which cases
such detention may be extended not more than an  additional  three  days
exclusive of Saturdays, Sundays and public holidays.
  (c)  Upon  a  finding  of  facts and reasons which support a detention
order pursuant to subdivision (a) of this section, the court shall  also
determine and state in any order directing detention:
  (i)  whether  continuation  of the respondent in the respondent's home
would be contrary to the best interests of the  respondent  based  upon,
and limited to, the facts and circumstance available to the court at the
time of the court's determination in accordance with this section; and
  (ii)  where appropriate, whether reasonable efforts were made prior to
the date of the court order directing detention in accordance with  this
section,  to prevent or eliminate the need for removal of the respondent
from his or her home or, if the respondent had been removed from his  or
her  home  prior to the court appearance pursuant to this section, where
appropriate, whether reasonable efforts were made to  make  it  possible
for the respondent to safely return home].
  S  91.  Section 741-a of the family court act, as amended by section 3
of part B of chapter 327 of the laws of 2007,  is  amended  to  read  as
follows:
  S  741-a.  Notice  and right to be heard. The foster parent caring for
[the child] A SEXUALLY EXPLOITED CHILD PLACED IN ACCORDANCE WITH SECTION
SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE or any  pre-adoptive  parent  or
relative providing care for the respondent shall be provided with notice
of  any  permanency  hearing held pursuant to this article by the social
services official. Such foster parent, pre-adoptive parent  or  relative
shall have the right to be heard at any such hearing; provided, however,
no  such  foster  parent,  pre-adoptive  parent  or  relative  shall  be
construed to be a party to the hearing  solely  on  the  basis  of  such
notice  and  right to be heard. The failure of the foster parent, pre-a-
doptive parent, or relative caring for the child to appear at a  perman-
ency hearing shall constitute a waiver of the right to be heard and such
failure  to appear shall not cause a delay of the permanency hearing nor
shall such failure to appear be a ground for  the  invalidation  of  any
order issued by the court pursuant to this section.
  S 92. Section 747 of the family court act is REPEALED.
  S 93. Section 748 of the family court act is REPEALED.
  S  94.  Subdivision  (b)  of  section  749 of the family court act, as
amended by chapter 806 of the laws  of  1973,  is  amended  to  read  as
follows:
  (b)  On  its  own  motion,  the  court  may adjourn the proceedings on
conclusion of a fact-finding hearing or during a  dispositional  hearing
to  enable  it  to  make  inquiry  into the surroundings, conditions and
capacities of the respondent. An [adjournment on the court's motion  may
not be for a period of more than ten days if the respondent is detained,
in  which  case  not  more  than a total of two such adjournments may be
granted in the absence of special circumstances. If  the  respondent  is
not  detained,  an]  adjournment  may  be for a reasonable time, but the
total number of adjourned days may not exceed two months.
  S 95. Paragraph (a) of subdivision 2 of  section  754  of  the  family
court  act,  as  amended  by chapter 7 of the laws of 1999, subparagraph

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(ii) of paragraph (a) as amended by section 20 of part L of  chapter  56
of the laws of 2015, is amended to read as follows:
  (a)  The  order  shall  state  the  court's reasons for the particular
disposition. If the court places the child in  accordance  with  section
seven  hundred  fifty-six  of  this  part,  the court in its order shall
determine: (i) whether continuation in the child's home would be contra-
ry to the best interest of the child and where appropriate, that reason-
able efforts were made prior to the date of  the  dispositional  hearing
held  pursuant  to  this  article  to  prevent or eliminate the need for
removal of the child from his or her home and, if the child was  removed
from  his  or  her  home  prior  to  the date of such hearing, that such
removal was in the child's best interest and, where appropriate, reason-
able efforts were made to make it possible for the child to return safe-
ly home. If the court determines that reasonable efforts to  prevent  or
eliminate  the need for removal of the child from the home were not made
but that the lack of such efforts  was  appropriate  under  the  circum-
stances,  the  court order shall include such a finding; and (ii) in the
case of a child who has attained the age of fourteen, the services need-
ed, if any, to assist the child to make the transition from foster  care
to  independent  living. [Nothing in this subdivision shall be construed
to modify the standards for directing detention  set  forth  in  section
seven hundred thirty-nine of this article.]
  S  96.  Section 756 of the family court act, as amended by chapter 920
of the laws of 1982, paragraph (i) of  subdivision  (a)  as  amended  by
chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii)
of  subdivision  (a) as amended by section 11 of part G of chapter 58 of
the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of
1999, and subdivision (c) as amended by section 10 of part E of  chapter
57 of the laws of 2005, is amended to read as follows:
  S  756.  Placement.  (a)  (i)  For  purposes  of section seven hundred
fifty-four, the court may place the child in its  own  home  or  in  the
custody  of  a  suitable relative or other suitable private person [or a
commissioner of social services], subject to the orders of the court.
  (ii) [Where the child is placed] IF THE COURT FINDS THAT THE  RESPOND-
ENT  IS  A  SEXUALLY  EXPLOITED  CHILD  AS DEFINED IN SUBDIVISION ONE OF
SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE COURT
MAY PLACE THE CHILD with the commissioner of the local  social  services
district[, the court] AND may direct the commissioner to place the child
with  an  authorized agency or class of authorized agencies, including[,
if the court finds that the respondent is a sexually exploited child  as
defined  in subdivision one of section four hundred forty-seven-a of the
social services law,] an available  long-term  safe  house.  Unless  the
dispositional  order  provides  otherwise,  the court so directing shall
include one of the following alternatives to apply in the event that the
commissioner is unable to so place the child:
  (1) the commissioner shall apply to the court for an  order  to  stay,
modify,  set  aside, or vacate such directive pursuant to the provisions
of section seven hundred sixty-two or seven hundred sixty-three; or
  (2) the commissioner shall return the child to the family court for  a
new dispositional hearing and order.
  (b)  Placements  under  this  section  may be for an initial period of
twelve months. The court may extend  a  placement  pursuant  to  section
seven  hundred  fifty-six-a.  In its discretion, the court may recommend
restitution or require services for  public  good  pursuant  to  section
seven  hundred  fifty-eight-a in conjunction with an order of placement.
For the purposes of calculating the initial period  of  placement,  such

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placement  shall  be  deemed to have commenced sixty days after the date
the child was removed from his  or  her  home  in  accordance  with  the
provisions  of  this  article.  [If the respondent has been in detention
pending  disposition, the initial period of placement ordered under this
section shall be credited with and diminished  by  the  amount  of  time
spent  by  the  respondent in detention prior to the commencement of the
placement unless the court finds that all or part of such  credit  would
not serve the best interests of the respondent.
  (c)  A  placement  pursuant  to  this section with the commissioner of
social services shall not be directed in any detention facility, but the
court may direct detention pending transfer to  a  placement  authorized
and  ordered under this section for no more than than fifteen days after
such order of placement is made. Such  direction  shall  be  subject  to
extension  pursuant  to subdivision three of section three hundred nine-
ty-eight of the social services law, upon written documentation  to  the
office  of  children  and  family  services that the youth is in need of
specialized treatment or placement  and  the  diligent  efforts  by  the
commissioner of social services to locate an appropriate placement.]
  S  97. Section 758-a of the family court act, as amended by chapter 73
of the laws of 1979, subdivision 1 as amended by chapter 4 of  the  laws
of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the
laws  of  2007,  subdivision  2 as amended by chapter 309 of the laws of
1996, and subdivision 3 as separately amended by chapter 568 of the laws
of 1979, is amended to read as follows:
  S 758-a. Restitution. 1. In cases involving acts of [infants] CHILDREN
over [ten] TWELVE and less than [sixteen] EIGHTEEN  years  of  age,  the
court may
  (a)  recommend as a condition of placement, or order as a condition of
probation or suspended judgment, restitution in an amount representing a
fair and reasonable cost to replace the property or  repair  the  damage
caused  by  the  [infant]  CHILD,  not,  however, to exceed one thousand
dollars. [In the case of a placement, the court may recommend  that  the
infant  pay  out  of  his  or  her  own  funds or earnings the amount of
replacement or damage, either in a lump sum or in periodic  payments  in
amounts  set  by  the agency with which he is placed, and in the case of
probation or suspended judgment, the] THE court  may  require  that  the
[infant] CHILD pay out of his or her own funds or earnings the amount of
replacement  or  damage, either in a lump sum or in periodic payments in
amounts set by the court; and/or
  (b) order as a condition of placement, probation, or  suspended  judg-
ment,  services  for  the  public  good including in the case of a crime
involving willful, malicious, or unlawful damage or destruction to  real
or personal property maintained as a cemetery plot, grave, burial place,
or  other  place of interment of human remains, services for the mainte-
nance and repair thereof, taking into consideration the age and physical
condition of the [infant] CHILD.
  2. [If the court recommends restitution or requires services  for  the
public  good  in  conjunction  with  an  order  of placement pursuant to
section seven hundred fifty-six, the placement shall be made only to  an
authorized agency which has adopted rules and regulations for the super-
vision  of  such a program, which rules and regulations shall be subject
to the approval of the state department of social services.  Such  rules
and  regulations  shall  include,  but  not be limited to provisions (i)
assuring that the conditions of work, including wages, meet  the  stand-
ards  therefor  prescribed  pursuant  to  the  labor law; (ii) affording
coverage to the child under the workers' compensation law as an employee

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of such agency, department or institution; (iii) assuring that the enti-
ty receiving such services shall not utilize the  same  to  replace  its
regular  employees; and (iv) providing for reports to the court not less
frequently than every six months, unless the order provides otherwise.
  3.]  If the court requires restitution or services for the public good
[as a condition of probation or suspended judgment],  it  shall  provide
that  an agency or person supervise the restitution or services and that
such agency or person report to the court not less frequently than every
six months, unless the order provides otherwise. Upon the written notice
sent by a school district to the court  and  the  appropriate  probation
department  or agency which submits probation recommendations or reports
to the court, the court may provide  that  such  school  district  shall
supervise the performance of services for the public good.
  [4.]  3. The court, upon receipt of the reports provided for in subdi-
vision two [or three] of this section may, on  its  own  motion  or  the
motion  of  any party or the agency, hold a hearing to determine whether
the [placement] CONDITION should be altered or modified.
  S 98. Section 774 of the family  court  act  is  amended  to  read  as
follows:
  S 774. Action on petition for transfer.  On receiving a petition under
section  seven  hundred  seventy-three,  the  court  may  proceed  under
sections seven hundred thirty-seven, seven hundred thirty-eight or seven
hundred thirty-nine with respect to the issuance of a summons or warrant
[and sections seven hundred twenty-seven and seven  hundred  twenty-nine
govern  questions  of  detention and failure to comply with a promise to
appear]. Due notice of the petition and a copy  of  the  petition  shall
also  be  served  personally  or by mail upon the office of the locality
chargeable for the support of the person involved and  upon  the  person
involved and his OR HER parents and other persons.
  S  98-a.  Article  6 of the social services law is amended by adding a
new title 12 to read as follows:
                                TITLE 12
                         FAMILY SUPPORT CENTERS
SECTION 458-M. FAMILY SUPPORT CENTERS.
        458-N. FUNDING FOR FAMILY SUPPORT CENTERS.
  S 458-M. FAMILY SUPPORT CENTERS. 1. AS USED IN THIS  TITLE,  THE  TERM
"FAMILY SUPPORT CENTER" SHALL MAN A PROGRAM ESTABLISHED PURSUANT TO THIS
TITLE  TO  PROVIDE  COMMUNITY-BASED  SUPPORTIVE SERVICES TO CHILDREN AND
FAMILIES WITH THE GOAL OF PREVENTING A CHILD FROM  BEING  ADJUDICATED  A
PERSON  IN  NEED  OF SUPERVISION AND HELP PREVENT THE OUT OF HOME PLACE-
MENTS OF SUCH YOUTH UNDER ARTICLE SEVEN OF THE FAMILY COURT ACT.
  2. FAMILY SUPPORT CENTERS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH
CHILDREN AND THEIR FAMILIES, EITHER DIRECTLY OR THROUGH  REFERRALS  WITH
PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO:
  (A) RAPID FAMILY ASSESSMENTS AND SCREENINGS;
  (B) CRISIS INTERVENTION;
  (C) FAMILY MEDIATION AND SKILLS BUILDING;
  (D)  MENTAL  AND BEHAVIORAL HEALTH SERVICES INCLUDING COGNITIVE INTER-
VENTIONS;
  (E) CASE MANAGEMENT;
  (F) RESPITE SERVICES;
  (G) EDUCATION ADVOCACY; AND
  (H) OTHER FAMILY SUPPORT SERVICES.
  3. THE SERVICES THAT ARE PROVIDED SHALL BE TRAUMA  RESPONSIVE,  FAMILY
FOCUSED, GENDER-RESPONSIVE, AND EVIDENCE BASED OR INFORMED AND STRENGTHS
BASED AND SHALL BE TAILORED TO THE INDIVIDUALIZED NEEDS OF THE CHILD AND

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FAMILY  BASED ON THE ASSESSMENTS AND SCREENINGS CONDUCTED BY SUCH FAMILY
SUPPORT CENTER.
  4.  FAMILY  SUPPORT  CENTERS SHALL HAVE THE CAPACITY TO SERVE FAMILIES
OUTSIDE OF REGULAR BUSINESS HOURS INCLUDING EVENINGS AND WEEKENDS.
  S 458-N. FUNDING FOR FAMILY SUPPORT CENTERS.  1.  NOTWITHSTANDING  ANY
OTHER  PROVISION  OF  LAW  TO THE CONTRARY, TO THE EXTENT THAT FUNDS ARE
AVAILABLE FOR SUCH PURPOSE, THE OFFICE OF CHILDREN AND  FAMILY  SERVICES
SHALL  DISTRIBUTE  FUNDING TO THE HIGHEST NEED SOCIAL SERVICES DISTRICTS
TO CONTRACT WITH NOT-FOR-PROFIT CORPORATIONS TO OPERATE  FAMILY  SUPPORT
CENTERS IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC
PROGRAM MODEL REQUIREMENTS ISSUED BY THE OFFICE.
  2.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, WHEN
DETERMINING THE HIGHEST NEED SOCIAL SERVICES DISTRICTS PURSUANT TO  THIS
SUBDIVISION,  THE  OFFICE MAY CONSIDER FACTORS THAT MAY INCLUDE, BUT ARE
NOT NECESSARILY LIMITED TO:
  (A) THE TOTAL AMOUNT OF AVAILABLE FUNDING AND THE  AMOUNT  OF  FUNDING
REQUIRED  FOR  FAMILY SUPPORT CENTERS TO MEET THE OBJECTIVES OUTLINED IN
SECTION FOUR HUNDRED FIFTY-EIGHT-M OF THIS TITLE;
  (B) RELEVANT, AVAILABLE STATISTICS REGARDING EACH DISTRICT, WHICH  MAY
INCLUDE, BUT NOT NECESSARILY BE LIMITED TO:
  (I)  THE  AVAILABILITY  OF SERVICES WITHIN SUCH DISTRICT TO PREVENT OR
REDUCE DETENTION OR RESIDENTIAL PLACEMENT OF YOUTH PURSUANT  TO  ARTICLE
SEVEN OF THE FAMILY COURT ACT; AND
  (II)  RELATIVE  TO  THE  YOUTH  POPULATION  OF  SUCH  SOCIAL  SERVICES
DISTRICT:
  (1) THE NUMBER OF PETITIONS FILED PURSUANT TO  ARTICLE  SEVEN  OF  THE
FAMILY COURT ACT; OR
  (2)  THE  NUMBER  OF  PLACEMENTS  OF  YOUTH  INTO  RESIDENTIAL CARE OR
DETENTION PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT;
  (C) ANY REPORTED PERFORMANCE OUTCOMES REPORTED TO THE OFFICE  PURSUANT
TO  SUBDIVISION  THREE  OF  THIS  SECTION  FOR  PROGRAMS THAT PREVIOUSLY
RECEIVED FUNDING PURSUANT TO THIS TITLE; OR
  (D) OTHER APPROPRIATE FACTORS AS DETERMINED BY THE OFFICE.
  3. SOCIAL SERVICES DISTRICTS RECEIVING FUNDING UNDER THIS TITLE  SHALL
REPORT  TO  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, IN THE FORM AND
MANNER AND AT SUCH TIMES AS DETERMINED BY THE OFFICE, ON THE PERFORMANCE
OUTCOMES OF ANY FAMILY SUPPORT CENTER LOCATED WITHIN SUCH DISTRICT  THAT
RECEIVES FUNDING UNDER THIS TITLE.
  S  98-b.  Subdivisions  3, 3-a, 11 and 12 of section 398 of the social
services law, subdivision 3 as amended by chapter 419  of  the  laws  of
1987,  paragraph (c) of subdivision 3 as amended by section 19 of part E
of chapter 57 of the laws of 2005, subdivision 3-a as added by section 1
of subpart B of part G of chapter 57 of the laws of 2012, subdivision 11
as added by chapter 514 of the  laws  of  1976  and  subdivision  12  as
amended  by  section 12 of subpart B of part Q of chapter 58 of the laws
of 2011, are amended to read as follows:
  3. As to delinquent children [and persons in need of supervision]:
  (a) Investigate complaints as to alleged delinquency of a child.
  (b) Bring such case of alleged delinquency when necessary  before  the
family court.
  (c)  Receive  within  fifteen  days  from  the order of placement as a
public charge any delinquent child committed or  placed  [or  person  in
need  of  supervision  placed]  in  his  or her care by the family court
provided, however, that the commissioner of the social services district
with whom the child is placed may apply to the state commissioner or his
or her designee for approval of an additional fifteen days, upon written

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documentation to the office of children and  family  services  that  the
youth  is in need of specialized treatment or placement and the diligent
efforts by the commissioner of social services to locate an  appropriate
placement.
  [3-a. As to delinquent children:
  (a)] (D) (1) Conditionally release any juvenile delinquent placed with
the  district  to aftercare whenever the district determines conditional
release to be consistent with the needs and best interests of such juve-
nile delinquent, that suitable care and supervision can be provided, and
that there is a reasonable probability that such juvenile delinquent can
be conditionally released without endangering public  safety;  provided,
however,  that such conditional release shall be made in accordance with
the regulations of the office  of  children  and  family  services,  and
provided further that no juvenile delinquent while absent from a facili-
ty  or  program  without the consent of the director of such facility or
program shall be conditionally released by the district solely by reason
of the absence.
  (2) It shall be a condition of such release that a juvenile delinquent
so released shall continue  to  be  the  responsibility  of  the  social
services district for the period provided in the order of placement.
  (3)  The  social  services district may provide clothing, services and
other necessities for any conditionally released juvenile delinquent, as
may be required, including medical care and  services  not  provided  to
such  juvenile delinquent as medical assistance for needy persons pursu-
ant to title eleven of article five of this chapter.
  (4) The social services district, pursuant to the regulations  of  the
office  of children and family services, may cause a juvenile delinquent
to be returned to a facility operated and maintained by the district, or
an authorized agency under contract with the district, at any time with-
in the period of placement, where there is a violation of the conditions
of release or a change of circumstances.
  (5) Juvenile delinquents conditionally released by a  social  services
district may be provided for as follows:
  (i)  If,  in  the opinion of the social services district, there is no
suitable parent, relative or guardian to whom a juvenile delinquent  can
be  conditionally  released,  and  suitable  care  cannot  otherwise  be
secured, the district may conditionally release such juvenile delinquent
to the care of any other suitable person; provided that where such suit-
able person has no legal relationship with the  juvenile,  the  district
shall  advise  such  person  of  the procedures for obtaining custody or
guardianship of the juvenile.
  (ii) If a conditionally released juvenile  delinquent  is  subject  to
article  sixty-five  of the education law or elects to participate in an
educational program leading to a high school diploma, he or she shall be
enrolled in a school or educational program leading  to  a  high  school
diploma  following release, or, if such release occurs during the summer
recess, upon the commencement of the  next  school  term.  If  a  condi-
tionally  released  juvenile delinquent is not subject to article sixty-
five of the education law, and does  not  elect  to  participate  in  an
educational  program  leading  to  a high school diploma, steps shall be
taken, to the extent possible, to facilitate his or her gainful  employ-
ment or enrollment in a vocational program following release.
  [(b)]  (E)  When a juvenile delinquent placed with the social services
district is absent from placement without consent,  such  absence  shall
interrupt  the calculation of time for his or her placement. Such inter-
ruption shall continue until such juvenile  delinquent  returns  to  the

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facility  or  authorized agency in which he or she was placed. Provided,
however, that any time spent by a juvenile delinquent  in  custody  from
the  date  of  absence  to  the date placement resumes shall be credited
against the time of such placement provided that such custody:
  (1) was due to an arrest or surrender based upon the absence; or
  (2)  arose from an arrest or surrender on another charge which did not
culminate in a conviction, adjudication or adjustment.
  [(c)] (F) In addition to the other requirements of  this  section,  no
juvenile  delinquent placed with a social services district operating an
approved juvenile justice services close to home initiative pursuant  to
section  four  hundred  four  of  this chapter pursuant to a restrictive
placement under the family court act shall be released  except  pursuant
to section 353.5 of the family court act.
  11.  In  the  case  of a child who is adjudicated [a person in need of
supervision or] a juvenile delinquent and is placed by the family  court
with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and
who is placed by [the division for youth] SUCH OFFICE with an authorized
agency  pursuant to court order, the social services official shall make
expenditures in accordance with the regulations of  the  department  for
the care and maintenance of such child during the term of such placement
subject   to   state  reimbursement  pursuant  to  SECTION  ONE  HUNDRED
FIFTY-THREE-K OF this [title, or article nineteen-G of the executive law
in applicable cases] ARTICLE.
  12. A social services official shall be  permitted  to  place  persons
adjudicated [in need of supervision or] delinquent[, and alleged persons
to  be in need of supervision] in detention pending transfer to a place-
ment, in the same foster care facilities as are providing care to desti-
tute, neglected, abused or abandoned children. Such foster care  facili-
ties  shall not provide care to a youth in the care of a social services
official as a convicted juvenile offender.
  S 98-c. Paragraph (a) of subdivision 1 of section 409-a of the  social
services law, as amended by chapter 87 of the laws of 1993, subparagraph
(i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii)
as amended by section 22 of part C of chapter 83 of the laws of 2002, is
amended to read as follows:
  (a)  A social services official shall provide preventive services to a
child and his or her family, in accordance  with  the  family's  service
plan  as required by section four hundred nine-e of this [chapter] ARTI-
CLE and the social  services  district's  child  welfare  services  plan
submitted  and  approved pursuant to section four hundred nine-d of this
[chapter] ARTICLE, upon a finding by such official that [(i)] the  child
will  be  placed,  returned  to  or continued in foster care unless such
services are provided and that it  is  reasonable  to  believe  that  by
providing  such  services  the  child  will be able to remain with or be
returned to his or her family, and for a former foster care youth  under
the  age of twenty-one who was previously placed in the care and custody
or custody and guardianship of the local commissioner of social services
or other officer, board or department authorized to receive children  as
public  charges where it is reasonable to believe that by providing such
services the former foster care youth will avoid a return to foster care
[or (ii) the child is the subject of a petition under article  seven  of
the  family  court act, or has been determined by the assessment service
established pursuant to section two hundred forty-three-a of the  execu-
tive  law,  or by the probation service where no such assessment service
has been designated, to be at risk of being the subject of such a  peti-
tion,  and  the social services official determines that the child is at

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risk of placement into foster care]. Such finding shall  be  entered  in
the  child's  uniform case record established and maintained pursuant to
section four hundred nine-f of this [chapter] ARTICLE.  The commissioner
shall  promulgate  regulations  to  assist  social services officials in
making determinations of eligibility for  mandated  preventive  services
pursuant to this [subparagraph] PARAGRAPH.
  S  99.  Subdivision  1,  the  opening  paragraph  of subdivision 2 and
subparagraphs (i) and (iii) of paragraph (a) of subdivision 3 of section
529-b of the executive law, as added by section 3 of subpart B of part Q
of chapter 58 of the laws of 2011, are amended to read as follows:
  1. (a) Notwithstanding any provision of law to the contrary,  eligible
expenditures by an eligible municipality for services to divert youth at
risk  of,  alleged  to  be,  or  adjudicated as juvenile delinquents [or
persons alleged or adjudicated to be in need of supervision],  or  youth
alleged  to  be  or  convicted  as  juvenile offenders from placement in
detention or in residential care shall be subject to state reimbursement
under the supervision and treatment services for juveniles  program  for
up  to  sixty-two percent of the municipality's expenditures, subject to
available appropriations and exclusive of any federal funds made  avail-
able  for  such  purposes, not to exceed the municipality's distribution
under the supervision and treatment services for juveniles program.
  (b) The state funds appropriated for  the  supervision  and  treatment
services  for juveniles program shall be distributed to eligible munici-
palities by the office of children and family services based on  a  plan
developed  by  the  office  which  may  consider  historical information
regarding the number of youth seen at probation intake  for  an  alleged
act of delinquency, THE NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
RECEIVING  DIVERSION SERVICES UNDER SECTION SEVEN HUNDRED THIRTY-FIVE OF
THE FAMILY COURT ACT, the number of youth  remanded  to  detention,  the
number  of  juvenile  delinquents  placed with the office, the number of
juvenile delinquents [and persons in  need  of  supervision]  placed  in
residential  care with the municipality, the municipality's reduction in
the use of detention and residential placements, and  other  factors  as
determined  by  the  office.  Such plan developed by the office shall be
subject to the approval of the director of the  budget.  The  office  is
authorized,  in its discretion, to make advance distributions to a muni-
cipality in anticipation of state reimbursement.
  As used in this section, the term "municipality" shall mean a  county,
or  a  city having a population of one million or more, and "supervision
and  treatment  services  for  juveniles"  shall  mean   community-based
services  or programs designed to safely maintain youth in the community
pending a family court disposition or conviction in criminal  court  and
services  or  programs  provided to youth adjudicated as juvenile delin-
quents [or persons in need of supervision,] or youth alleged to be juve-
nile offenders to prevent residential  placement  of  such  youth  or  a
return to placement where such youth have been released to the community
from  residential  placement  OR  PROGRAMS PROVIDED TO YOUTH ADJUDICATED
PERSONS IN NEED OF SUPERVISION TO MAINTAIN SUCH YOUTH  IN  THEIR  HOMES.
Supervision and treatment services for juveniles may include but are not
limited to services or programs that:
  (i)  an analysis that identifies the neighborhoods or communities from
which the greatest number of juvenile delinquents [and persons  in  need
of  supervision]  are  remanded to detention or residentially placed AND
FROM WHICH THE GREATEST NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
ARE OFFERED DIVERSION SERVICES;

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  (iii) a description of how the  services  and  programs  proposed  for
funding  will  reduce  the number of youth from the municipality who are
detained and residentially OR OTHERWISE placed; how  such  services  and
programs  are family-focused; and whether such services and programs are
capable of being replicated across multiple sites;
  S  100.  The  opening paragraph and paragraph (a) of subdivision 2 and
subdivisions 4, 5, 6 and 7 of section 530  of  the  executive  law,  the
opening  paragraph  of  subdivision  2  and  subdivision 4 as amended by
section 4 of subpart B of part Q of chapter 58  of  the  laws  of  2011,
paragraph  (a)  of  subdivision  2  as amended by section 1 of part M of
chapter 57 of the laws of 2012, subdivision 5 as amended by chapter  920
of the laws of 1982, subparagraphs 1, 2 and 4 of paragraph (a) and para-
graph  (b) of subdivision 5 as amended by section 5 of subpart B of part
Q of chapter 58 of the laws of 2011, subdivision 6 as amended by chapter
880 of the laws of 1976, and subdivision 7 as amended by  section  6  of
subpart  B  of  part Q of chapter 58 of the laws of 2011, are amended to
read as follows:
  [Expenditures] EXCEPT AS PROVIDED FOR IN  SUBDIVISION  EIGHT  OF  THIS
SECTION,  EXPENDITURES made by municipalities in providing care, mainte-
nance and supervision to youth in detention facilities designated pursu-
ant to [sections seven hundred twenty and] SECTION 305.2 of  the  family
court  act  and certified by [the division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES, shall be subject to reimbursement by the state,  as
follows:
  (a)  Notwithstanding  any  provision  of law to the contrary, eligible
expenditures by a municipality during a particular program year for  the
care,  maintenance and supervision [in foster care programs certified by
the office of children and family services, certified or approved family
boarding homes, and non-secure detention  facilities  certified  by  the
office  for  those youth alleged to be persons in need of supervision or
adjudicated persons in need of supervision held pending  transfer  to  a
facility upon placement; and] in secure and non-secure detention facili-
ties  certified  by  the  office in accordance with section five hundred
three of this article for those youth  alleged  to  be  juvenile  delin-
quents;  adjudicated  juvenile  delinquents  held  pending transfer to a
facility upon placement, and juvenile delinquents held at the request of
the office of children and family services pending extension  of  place-
ment  hearings or release revocation hearings or while awaiting disposi-
tion of such hearings; and youth alleged to be or convicted as  juvenile
offenders  AND,  PRIOR  TO  JANUARY  FIRST, TWO THOUSAND NINETEEN, YOUTH
ALLEGED TO BE PERSONS IN NEED OF SUPERVISION OR ADJUDICATED  PERSONS  IN
NEED  OF  SUPERVISION HELD PENDING TRANSFER TO A FACILITY UPON PLACEMENT
IN FOSTER CARE PROGRAMS CERTIFIED BY THE OFFICE OF CHILDREN  AND  FAMILY
SERVICES,  CERTIFIED  OR  APPROVED FAMILY BOARDING HOMES, AND NON-SECURE
DETENTION FACILITIES CERTIFIED BY THE OFFICE, shall be subject to  state
reimbursement  for  up  to  fifty percent of the municipality's expendi-
tures, exclusive of any federal funds made available for such  purposes,
not  to exceed the municipality's distribution from funds that have been
appropriated specifically therefor for that program year. Municipalities
shall implement the use of detention risk assessment  instruments  in  a
manner  prescribed  by  the  office so as to inform detention decisions.
Notwithstanding any other provision of state law to the  contrary,  data
necessary  for  completion of a detention risk assessment instrument may
be shared among law enforcement, probation, courts,  detention  adminis-
trators,  detention  providers,  and  the  attorney  for  the child upon
retention or appointment; solely for the purpose of accurate  completion

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of  such  risk  assessment  instrument,  and  a  copy  of  the completed
detention risk assessment instrument shall  be  made  available  to  the
applicable detention provider, the attorney for the child and the court.
  4.  (a) The municipality must notify the office of children and family
services of state aid received under other state aid  formulas  by  each
detention  facility  for which the municipality is seeking reimbursement
pursuant to this section, including but not limited to, aid  for  educa-
tion, probation and mental health services.
  (b)  EXCEPT  AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION:  (I) In
computing reimbursement to the municipality pursuant  to  this  section,
the  office shall insure that the aggregate of state aid under all state
aid formulas shall not exceed fifty percent of the cost of care, mainte-
nance  and  supervision  provided  to  detainees  eligible   for   state
reimbursement under subdivision two of this section, exclusive of feder-
al  aid for such purposes not to exceed the amount of the municipality's
distribution under the juvenile detention services program.
  [(c)] (II) Reimbursement for administrative  related  expenditures  as
defined  by  the  office of children and family services, for secure and
nonsecure detention services shall not exceed seventeen percent  of  the
total  approved  expenditures for facilities of twenty-five beds or more
and shall not exceed twenty-one percent of the total  approved  expendi-
tures for facilities with less than twenty-five beds.
  5.  (a) Except as provided in paragraph (b) of this subdivision, care,
maintenance and supervision for the purpose of this section  shall  mean
and include only:
  (1)  temporary  care,  maintenance and supervision provided TO alleged
juvenile delinquents and persons in need  of  supervision  in  detention
facilities certified pursuant to sections seven hundred twenty and 305.2
of  the  family court act by the office of children and family services,
pending adjudication of alleged delinquency or alleged  need  of  super-
vision by the family court, or pending transfer to institutions to which
committed  or placed by such court or while awaiting disposition by such
court after adjudication or held pursuant to a securing order of a crim-
inal court if the person named therein as principal is  under  [sixteen]
SEVENTEEN YEARS OF AGE; or[,]
  (1-A)  COMMENCING  ON  JANUARY FIRST, TWO THOUSAND NINETEEN, TEMPORARY
CARE, MAINTENANCE, AND SUPERVISION PROVIDED TO ALLEGED  JUVENILE  DELIN-
QUENTS  IN  DETENTION FACILITIES CERTIFIED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES, PENDING ADJUDICATION  OF  ALLEGED  DELINQUENCY  BY  THE
FAMILY  COURT, OR PENDING TRANSFER TO INSTITUTIONS TO WHICH COMMITTED OR
PLACED BY SUCH COURT OR WHILE AWAITING DISPOSITION BY SUCH  COURT  AFTER
ADJUDICATION OR HELD PURSUANT TO A SECURING ORDER OF A CRIMINAL COURT IF
THE PERSON NAMED THEREIN AS PRINCIPAL IS UNDER TWENTY-ONE; OR
  (2)  temporary  care,  maintenance  and  supervision provided juvenile
delinquents in approved detention  facilities  at  the  request  of  the
office  of children and family services pending release revocation hear-
ings or while awaiting disposition after such hearings; or
  (3) temporary care, maintenance and supervision in approved  detention
facilities for youth held pursuant to the family court act or the inter-
state  compact  on juveniles, pending return to their place of residence
or domicile[.]; OR
  (4) PRIOR TO JANUARY FIRST, TWO  THOUSAND  NINETEEN,  temporary  care,
maintenance  and  supervision  provided  youth  detained  in foster care
facilities or certified or approved family boarding  homes  pursuant  to
article seven of the family court act.

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  (b)  Payments made for reserved accommodations, whether or not in full
time use, approved AND CERTIFIED by the office of  children  and  family
services  [and  certified  pursuant to sections seven hundred twenty and
305.2 of the family court act], in order to assure that adequate  accom-
modations  will be available for the immediate reception and proper care
therein of youth for which detention costs are reimbursable pursuant  to
paragraph  (a)  of this subdivision, shall be reimbursed as expenditures
for care, maintenance and  supervision  under  the  provisions  of  this
section,  provided  the  office  shall have given its prior approval for
reserving such accommodations.
  6. The [director of the division for youth]  OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES may adopt, amend, or rescind all rules and regulations,
subject to the approval of the director of the budget and  certification
to  the  chairmen  of  the  senate  finance  and assembly ways and means
committees, necessary to carry out the provisions of this section.
  7. The agency administering detention for each county and the city  of
New  York shall submit to the office of children and family services, at
such times and in such form and manner and containing  such  information
as  required  by  the  office of children and family services, an annual
report on youth remanded pursuant to article three or seven of the fami-
ly court act who are  detained  during  each  calendar  year  including,
commencing  January  first,  two thousand twelve, the risk level of each
detained youth as assessed by a  detention  risk  assessment  instrument
approved  by the office of children and family services PROVIDED, HOWEV-
ER, THAT THE REPORT DUE JANUARY FIRST, TWO THOUSAND TWENTY AND THEREAFT-
ER SHALL NOT BE REQUIRED TO CONTAIN ANY INFORMATION  ON  YOUTH  WHO  ARE
SUBJECT  TO  ARTICLE  SEVEN  OF  THE  FAMILY COURT ACT.   The office may
require that such data on detention use be submitted to the office elec-
tronically. Such report shall include, but not be limited to, the reason
for the court's determination in accordance with section 320.5 or  seven
hundred  thirty-nine  of  the family court act, IF APPLICABLE, to detain
the youth; the offense or offenses with which the youth is charged;  and
all  other  reasons  why  the  youth  remains detained. The office shall
submit a compilation of all the separate reports to the governor and the
legislature.
  S 100-a. Subparagraph 1 of paragraph d of  subdivision  3  of  section
3214  of  the  education  law,  as amended by chapter 425 of the laws of
2002, is amended to read as follows:
  (1) Consistent with the  federal  gun-free  schools  act,  any  public
school  pupil who is determined under this subdivision to have brought a
firearm to or possessed a firearm at a public school shall be  suspended
for a period of not less than one calendar year and any nonpublic school
pupil  participating  in  a program operated by a public school district
using funds from the elementary and secondary education act of  nineteen
hundred  sixty-five  who  is  determined  under this subdivision to have
brought a firearm to or possessed a firearm at a public school or  other
premises  used  by the school district to provide such programs shall be
suspended for a period of not less than one calendar year  from  partic-
ipation  in such program. The procedures of this subdivision shall apply
to such a suspension of a nonpublic school pupil.  A  superintendent  of
schools,  district superintendent of schools or community superintendent
shall have the authority to modify this suspension requirement for  each
student  on  a case-by-case basis. The determination of a superintendent
shall be subject to review by the board of education pursuant  to  para-
graph  c  of  this  subdivision and the commissioner pursuant to section
three hundred ten of this chapter. Nothing in this subdivision shall  be

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deemed  to  authorize  the  suspension of a student with a disability in
violation of the individuals with disabilities education act or  article
eighty-nine  of  this  chapter.  A  superintendent shall refer the pupil
under the age of sixteen who has been determined to have brought a weap-
on  or  firearm to school in violation of this subdivision to a present-
ment agency for a juvenile delinquency proceeding consistent with  arti-
cle  three  of the family court act except a student fourteen or fifteen
years of age who qualifies for juvenile offender status  under  subdivi-
sion  forty-two  of section 1.20 of the criminal procedure law; PROVIDED
HOWEVER, THAT COMMENCING ON JANUARY  FIRST,  TWO  THOUSAND  EIGHTEEN,  A
SUPERINTENDENT  SHALL REFER THE PUPIL UNDER THE AGE OF SEVENTEEN WHO HAS
BEEN DETERMINED TO HAVE  BROUGHT  A  WEAPON  OR  FIREARM  TO  SCHOOL  IN
VIOLATION  OF  THIS  SUBDIVISION  TO A PRESENTMENT AGENCY FOR A JUVENILE
DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT
ACT EXCEPT A STUDENT WHO QUALIFIES FOR JUVENILE  OFFENDER  STATUS  UNDER
SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; AND
PROVIDED  FURTHER  THAT  COMMENCING ON JANUARY FIRST, TWO THOUSAND NINE-
TEEN, A SUPERINTENDENT SHALL REFER THE PUPIL UNDER THE AGE  OF  EIGHTEEN
WHO HAS BEEN DETERMINED TO HAVE BROUGHT A WEAPON OR FIREARM TO SCHOOL IN
VIOLATION  OF  THIS  SUBDIVISION  TO A PRESENTMENT AGENCY FOR A JUVENILE
DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT
ACT EXCEPT A STUDENT WHO QUALIFIES FOR JUVENILE  OFFENDER  STATUS  UNDER
SUBDIVISION  FORTY-TWO  OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW. A
superintendent shall refer any pupil sixteen years of age or older or  a
student  fourteen  or  fifteen  years  of age who qualifies for juvenile
offender status under subdivision forty-two of section 1.20 of the crim-
inal procedure law, who has been determined to have brought a weapon  or
firearm  to  school  in violation of this subdivision to the appropriate
law enforcement officials.
  S 100-b. Paragraph b of subdivision 4 of section 3214 of the education
law, as amended by chapter 181 of the laws of 2000, is amended  to  read
as follows:
  b.  The  school  authorities  may institute proceedings before a court
having jurisdiction to determine the liability of a person  in  parental
relation  to  contribute  towards the maintenance of a school delinquent
under [sixteen] SEVENTEEN years of age OR COMMENCING JANUARY FIRST,  TWO
THOUSAND  NINETEEN,  UNDER  EIGHTEEN YEARS OF AGE ordered to attend upon
instruction under confinement. If the court shall  find  the  person  in
parental  relation  able to contribute towards the maintenance of such a
minor, it may issue an order fixing the amount to be paid weekly.
  S 101. The executive law is amended by adding a new section  259-p  to
read as follows:
  S 259-P. INTERSTATE DETENTION. (1) NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, A DEFENDANT SUBJECT TO SECTION TWO HUNDRED FIFTY-NINE-MM OF THIS
ARTICLE,  MAY  BE  DETAINED  AS AUTHORIZED BY THE INTERSTATE COMPACT FOR
ADULT OFFENDER SUPERVISION.
  (2) A DEFENDANT SHALL BE DETAINED AT A  LOCAL  CORRECTIONAL  FACILITY,
EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
  (3)  (A)  A  DEFENDANT  SIXTEEN YEARS OF AGE OR YOUNGER, WHO ALLEGEDLY
COMMITS A CRIMINAL ACT OR VIOLATION OF HIS  OR  HER  SUPERVISION  ON  OR
AFTER  JANUARY FIRST, TWO THOUSAND EIGHTEEN OR (B) A DEFENDANT SEVENTEEN
YEARS OF AGE  OR  YOUNGER  WHO  ALLEGEDLY  COMMITS  A  CRIMINAL  ACT  OR
VIOLATION OF HIS OR HER SUPERVISION ON OR AFTER JANUARY FIRST, TWO THOU-
SAND NINETEEN, SHALL BE DETAINED IN A JUVENILE DETENTION FACILITY.
  S 102. Section 153-k of the social services law is amended by adding a
new subdivision 2-a to read as follows:

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  2-A.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY,
COMMENCING JANUARY FIRST, TWO  THOUSAND  EIGHTEEN,  STATE  REIMBURSEMENT
SHALL  BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPENDITURES MADE BY
SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS MADE AVAILABLE
FOR  SUCH  PURPOSES,  FOR PREVENTIVE SERVICES, AFTERCARE SERVICES, INDE-
PENDENT LIVING SERVICES AND FOSTER CARE SERVICES PROVIDED TO  YOUTH  AGE
SIXTEEN  YEARS  OF  AGE  OR OLDER WHEN SUCH SERVICES WOULD NOT OTHERWISE
HAVE BEEN PROVIDED TO SUCH YOUTH ABSENT THE PROVISIONS IN A  CHAPTER  OF
THE  LAWS  OF  TWO  THOUSAND  SIXTEEN THAT INCREASED THE AGE OF JUVENILE
JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
  S 103. The opening paragraph of paragraph  (a)  of  subdivision  8  of
section 404 of the social services law, as added by section 1 of subpart
A  of  part  G  of  chapter 57 of the laws of 2012, is amended and a new
paragraph (a-1) is added to read as follows:
  Notwithstanding any other provision of law to the  contrary[,]  EXCEPT
AS PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION, eligible expend-
itures  during  the  applicable  time  periods made by a social services
district for an approved juvenile justice services close to home  initi-
ative  shall,  if  approved  by  the department of family assistance, be
subject to reimbursement with state funds only up to the  extent  of  an
annual  appropriation  made specifically therefor, after first deducting
therefrom any federal funds properly  received  or  to  be  received  on
account  thereof;  provided,  however,  that  when  such funds have been
exhausted, a social services district may  receive  state  reimbursement
from other available state appropriations for that state fiscal year for
eligible  expenditures for services that otherwise would be reimbursable
under such funding streams. Any claims submitted by  a  social  services
district  for reimbursement for a particular state fiscal year for which
the social services district does not receive state  reimbursement  from
the  annual  appropriation for the approved close to home initiative may
not be claimed against that district's appropriation for the  initiative
for the next or any subsequent state fiscal year.
  (A-1)  STATE  REIMBURSEMENT  SHALL  BE  MADE AVAILABLE FOR ONE HUNDRED
PERCENT OF ELIGIBLE EXPENDITURES MADE BY  A  SOCIAL  SERVICES  DISTRICT,
EXCLUSIVE  OF  ANY  FEDERAL  FUNDS MADE AVAILABLE FOR SUCH PURPOSES, FOR
APPROVED JUVENILE JUSTICE SERVICES  UNDER  AN  APPROVED  CLOSE  TO  HOME
INITIATIVE  PROVIDED  TO  YOUTH  SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH
SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH ABSENT THE
PROVISIONS IN A CHAPTER  OF  THE  LAWS  OF  TWO  THOUSAND  SIXTEEN  THAT
INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
  S  104.  Subdivision 4 of section 246 of the executive law, as amended
by section 10 of part D of chapter 56 of the laws of 2010, is amended to
read as follows:
  4.  An approved plan and compliance with  standards  relating  to  the
administration  of probation services promulgated by the commissioner of
the division of criminal justice services shall  be  a  prerequisite  to
eligibility for state aid.
  The commissioner of the division of criminal justice services may take
into  consideration  granting additional state aid from an appropriation
made for state aid for county probation services  for  counties  or  the
city of New York when a county or the city of New York demonstrates that
additional  probation  services  were dedicated to intensive supervision
programs[,] AND  intensive  programs  for  sex  offenders  [or  programs
defined  as juvenile risk intervention services]. THE COMMISSIONER SHALL
GRANT ADDITIONAL STATE AID FROM AN APPROPRIATION DEDICATED  TO  JUVENILE
RISK  INTERVENTION  SERVICES COORDINATION BY PROBATION DEPARTMENTS WHICH

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SHALL INCLUDE, BUT NOT BE LIMITED TO, PROBATION SERVICES PERFORMED UNDER
ARTICLE THREE OF THE FAMILY COURT ACT. The administration of such  addi-
tional  grants  shall be made according to rules and regulations promul-
gated  by the commissioner of the division of criminal justice services.
Each county and the city of New York  shall  certify  the  total  amount
collected pursuant to section two hundred fifty-seven-c of this chapter.
The  commissioner  of  the  division  of criminal justice services shall
thereupon certify to the comptroller for payment by  the  state  out  of
funds  appropriated  for that purpose, the amount to which the county or
the city of New York shall be entitled under this section.  THE  COMMIS-
SIONER  SHALL,  SUBJECT  TO  AN  APPROPRIATION  MADE  AVAILABLE FOR SUCH
PURPOSE, ESTABLISH AND PROVIDE FUNDING TO PROBATION  DEPARTMENTS  FOR  A
CONTINUUM  OF  EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH ALLEGED OR
ADJUDICATED JUVENILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY
COURT ACT OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART
IN ACCORDANCE WITH THE CRIMINAL PROCEDURE LAW.   SUCH  ADDITIONAL  STATE
AID  SHALL  BE MADE IN AN AMOUNT NECESSARY TO PAY ONE HUNDRED PERCENT OF
THE EXPENDITURES FOR EVIDENCE-BASED  PRACTICES  AND  JUVENILE  RISK  AND
EVIDENCE-BASED  INTERVENTION SERVICES PROVIDED TO YOUTH SIXTEEN YEARS OF
AGE OR OLDER WHEN SUCH SERVICES WOULD NOT OTHERWISE HAVE  BEEN  PROVIDED
ABSENT  THE  PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN
THAT INCREASED THE AGE OF JUVENILE JURISDICTION.
  S 105. The second undesignated paragraph of subdivision 4  of  section
246  of  the executive law, as added by chapter 479 of the laws of 1970,
is amended to read as follows:
  [The director shall thereupon certify to the comptroller  for  payment
by  the  state out of funds appropriated for that purpose, the amount to
which the county or the city of New York shall be  entitled  under  this
section.]
  THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY TAKE
INTO  CONSIDERATION  GRANTING ADDITIONAL STATE AID FROM AN APPROPRIATION
MADE FOR STATE AID FOR COUNTY PROBATION SERVICES  FOR  COUNTIES  OR  THE
CITY OF NEW YORK WHEN A COUNTY OR THE CITY OF NEW YORK DEMONSTRATES THAT
ADDITIONAL  PROBATION  SERVICES  WERE DEDICATED TO INTENSIVE SUPERVISION
PROGRAMS AND INTENSIVE PROGRAMS FOR SEX  OFFENDERS.    THE  COMMISSIONER
SHALL  GRANT  ADDITIONAL  STATE  AID  FROM AN APPROPRIATION DEDICATED TO
JUVENILE RISK INTERVENTION SERVICES COORDINATION  BY  PROBATION  DEPART-
MENTS  WHICH  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, PROBATION SERVICES
PERFORMED UNDER ARTICLE THREE OF THE FAMILY COURT  ACT.    THE  ADMINIS-
TRATION  OF  SUCH ADDITIONAL GRANTS SHALL BE MADE ACCORDING TO RULES AND
REGULATIONS PROMULGATED BY THE COMMISSIONER OF THE DIVISION OF  CRIMINAL
JUSTICE SERVICES. EACH COUNTY AND THE CITY OF NEW YORK SHALL CERTIFY THE
TOTAL  AMOUNT COLLECTED PURSUANT TO SECTION TWO HUNDRED FIFTY-SEVEN-C OF
THIS CHAPTER. THE COMMISSIONER  OF  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  SHALL  THEREUPON CERTIFY TO THE COMPTROLLER FOR PAYMENT BY THE
STATE OUT OF FUNDS APPROPRIATED FOR THAT PURPOSE, THE  AMOUNT  TO  WHICH
THE COUNTY OR THE CITY OF NEW YORK SHALL BE ENTITLED UNDER THIS SECTION.
THE  COMMISSIONER  SHALL, SUBJECT TO AN APPROPRIATION MADE AVAILABLE FOR
SUCH PURPOSE, ESTABLISH AND PROVIDE FUNDING TO PROBATION DEPARTMENTS FOR
A CONTINUUM OF EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH ALLEGED OR
ADJUDICATED JUVENILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY
COURT ACT OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART
IN ACCORDANCE WITH THE CRIMINAL PROCEDURE LAW.   SUCH  ADDITIONAL  STATE
AID  SHALL  BE MADE IN AN AMOUNT NECESSARY TO PAY ONE HUNDRED PERCENT OF
THE EXPENDITURES FOR EVIDENCE-BASED  PRACTICES  AND  JUVENILE  RISK  AND
EVIDENCE-BASED  INTERVENTION SERVICES PROVIDED TO YOUTH SIXTEEN YEARS OF

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AGE OR OLDER WHEN SUCH SERVICES WOULD NOT OTHERWISE HAVE  BEEN  PROVIDED
ABSENT  THE  PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN
THAT INCREASED THE AGE OF JUVENILE JURISDICTION.
  S  106.  Section  529  of the executive law is amended by adding a new
subdivision 5-b to read as follows:
  5-B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  NO
REIMBURSEMENT  SHALL  BE  REQUIRED  FROM  A SOCIAL SERVICES DISTRICT FOR
EXPENDITURES MADE BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR  THE
CARE, MAINTENANCE, SUPERVISION OR AFTERCARE SUPERVISION OF YOUTH SIXTEEN
YEARS OF AGE OR OLDER THAT WOULD NOT OTHERWISE HAVE BEEN MADE ABSENT THE
PROVISIONS  OF  A  CHAPTER  OF  THE  LAWS  OF  TWO THOUSAND SIXTEEN THAT
INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE OR
THAT AUTHORIZED THE PLACEMENT IN OFFICE OF CHILDREN AND FAMILY  SERVICES
FACILITIES  OF  CERTAIN  OTHER  YOUTH  WHO COMMITTED A CRIME ON OR AFTER
THEIR SIXTEENTH BIRTHDAYS.
  S 106-a. Section 530 of the executive law is amended by adding  a  new
subdivision 8 to read as follows:
  8.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW  TO  THE CONTRARY,
COMMENCING APRIL FIRST,  TWO  THOUSAND  SEVENTEEN,  STATE  REIMBURSEMENT
SHALL  BE  MADE  AVAILABLE  FOR  ONE HUNDRED PERCENT OF A MUNICIPALITY'S
ELIGIBLE EXPENDITURES FOR THE CARE, MAINTENANCE AND SUPERVISION OF YOUTH
SIXTEEN YEARS OF AGE OR OLDER IN NON-SECURE AND SECURE DETENTION FACILI-
TIES WHEN SUCH DETENTION WOULD NOT OTHERWISE HAVE  OCCURRED  ABSENT  THE
PROVISIONS  OF  A  CHAPTER  OF  THE  LAWS  OF  TWO THOUSAND SIXTEEN THAT
INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
  S 107. Severability. If any clause, sentence, paragraph,  subdivision,
section  or  part contained in any part of this act shall be adjudged by
any court of competent jurisdiction to be invalid, such  judgment  shall
not  affect,  impair,  or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence,  paragraph,  subdivi-
sion, section or part contained in any part thereof directly involved in
the  controversy  in which such judgment shall have been rendered. It is
hereby declared to be the intent of the legislature that this act  would
have  been enacted even if such invalid provisions had not been included
herein.
  S 108. This act shall take effect immediately; provided that:
  a. sections forty-eight and  forty-eight-a  of  this  act  shall  take
effect  on  the  one hundred and eightieth day after this act shall have
become a law and shall be deemed to apply to  offenses  committed  prior
to, on, or after such effective date;
  b.  sections  one  through  forty-one, forty-four through forty-seven,
forty-nine, fifty-four through eighty, one hundred-a, one hundred-b  and
one hundred one of this act shall take effect January 1, 2018; provided,
however,  that  when the applicability of such provision is dependent on
the age of the youth that is alleged or adjudicated to have been commit-
ted or is convicted of a crime or an act that would constitute  a  crime
if committed by an adult:
  (i)  effective  January  1,  2018,  such provisions shall be deemed to
apply to youth who have been alleged to have committed, adjudicated for,
or convicted of, an offense that occurred on  or  after  such  effective
date and who were 16 years of age at the time the offense occurred, and
  (ii)  effective  January  1,  2019, such provisions shall be deemed to
apply to youth who have been alleged to have committed, adjudicated for,
or convicted of, an offense that occurred on  or  after  such  effective
date  and  who  were  seventeen  years  of  age at the time such offense
occurred;

S. 6406--A                         153                        A. 9006--A

  c. sections ninety-eight-a and one hundred  two  through  one  hundred
six-a of this act shall take effect April 1, 2017;
  d.  sections  eighty-three  through  ninety-eight and sections ninety-
eight-b through one hundred of this act shall  take  effect  January  1,
2019  and shall be deemed to be applicable to the detention or placement
of youth pursuant to petitions filed pursuant to article  seven  of  the
family court act on or after such effective date;
  e.  sections  forty-two  and forty-three of this act shall take effect
January 1, 2020;
  f. the amendments to subdivision 1 of section 70.02 of the  penal  law
made by section forty-two of this act shall not affect the expiration of
such subdivision and shall be deemed to expire therewith;
  g.  the amendments to paragraph d of section 3214 of the education law
made by section fifty-one of this act shall not affect the expiration of
such paragraph and shall be deemed to expire therewith;
  h. the amendments to subdivision 4 of  section  353.5  of  the  family
court  act  made  by section seventy-two of this act shall be subject to
the expiration and reversion of such subdivision pursuant to section  11
of  subpart  A  of part G of chapter 57 of the laws of 2012, as amended,
when upon such date the provisions of section seventy-three of this  act
shall take effect;
  i.  the amendments to section 153-k of the social services law made by
section one hundred two of this act shall not affect the  expiration  of
such section and shall be deemed repealed therewith;
  j.  the  amendments  to  subdivision  3-a of section 398 of the social
services law made by section ninety-eight-b of this act shall not affect
the expiration of such subdivision and shall be deemed  repealed  there-
with;
  k. the amendments to subparagraph (ii) of paragraph (a) of subdivision
1  of  section  409-a of the social services law made by section ninety-
eight-c of this act shall not affect the expiration of such subparagraph
and shall be deemed to expire therewith;
  l. the amendments to section 404 of the social services  law  made  by
section one hundred three of this act shall not affect the expiration of
such section and shall be deemed repealed therewith;
  m.  the amendments to the second undesignated paragraph of subdivision
4 of section 246 of the executive law made by section one  hundred  four
of  this  act  shall  be subject to the expiration and reversion of such
undesignated paragraph as provided in subdivision (aa) of section 427 of
chapter 55 of the laws of 1992, as amended, when upon such date  section
one hundred five of this act shall take effect; and
  n.  the  amendments to paragraph (f) of subdivision 1 of section 70.30
of the penal law made by section forty-four-a  of  this  act  shall  not
affect  the  expiration and reversion of such paragraph and shall expire
and be deemed repealed therewith.

                                 PART O

  Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
section  131-o  of  the  social services law, as amended by section 1 of
part I of chapter 56 of the  laws  of  2015,  are  amended  to  read  as
follows:
  (a)  in  the  case of each individual receiving family care, an amount
equal to at least $141.00 for each month beginning on or  after  January
first, two thousand [fifteen] SIXTEEN.

S. 6406--A                         154                        A. 9006--A

  (b)  in  the  case  of  each individual receiving residential care, an
amount equal to at least $163.00 for each month beginning  on  or  after
January first, two thousand [fifteen] SIXTEEN.
  (c)  in  the  case  of  each individual receiving enhanced residential
care, an amount equal to at least $193.00 for each month beginning on or
after January first, two thousand [fifteen] SIXTEEN.
  (d) for the period commencing January first,  two  thousand  [sixteen]
SEVENTEEN, the monthly personal needs allowance shall be an amount equal
to the sum of the amounts set forth in subparagraphs one and two of this
paragraph:
  (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
subdivision; and
  (2) the amount in subparagraph one of this  paragraph,  multiplied  by
the  percentage  of  any  federal  supplemental  security income cost of
living adjustment which becomes effective on or after January first, two
thousand [sixteen] SEVENTEEN, but prior to June thirtieth, two  thousand
[sixteen] SEVENTEEN, rounded to the nearest whole dollar.
  S  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of  part
I of chapter 56 of the laws of 2015, are amended to read as follows:
  (a) On and after January first, two thousand [fifteen] SIXTEEN, for an
eligible  individual  living  alone, $820.00; and for an eligible couple
living alone, $1204.00.
  (b) On and after January first, two thousand [fifteen] SIXTEEN, for an
eligible individual living with others with or without  in-kind  income,
$756.00;  and  for an eligible couple living with others with or without
in-kind income, $1146.00.
  (c) On and after January first, two thousand  [fifteen]  SIXTEEN,  (i)
for  an  eligible individual receiving family care, $999.48 if he or she
is receiving such care in the city of New York or the county of  Nassau,
Suffolk,  Westchester  or  Rockland;  and  (ii)  for  an eligible couple
receiving family care in the city of New York or the county  of  Nassau,
Suffolk,  Westchester  or  Rockland,  two  times the amount set forth in
subparagraph (i) of this paragraph; or (iii) for an eligible  individual
receiving  such care in any other county in the state, $961.48; and (iv)
for an eligible couple receiving such care in any other  county  in  the
state,  two  times  the  amount  set forth in subparagraph (iii) of this
paragraph.
  (d) On and after January first, two thousand  [fifteen]  SIXTEEN,  (i)
for an eligible individual receiving residential care, $1168.00 if he or
she  is  receiving  such  care  in the city of New York or the county of
Nassau, Suffolk, Westchester or  Rockland;  and  (ii)  for  an  eligible
couple  receiving residential care in the city of New York or the county
of Nassau, Suffolk, Westchester or Rockland, two times  the  amount  set
forth  in  subparagraph  (i) of this paragraph; or (iii) for an eligible
individual receiving such  care  in  any  other  county  in  the  state,
$1138.00;  and  (iv)  for  an eligible couple receiving such care in any
other county in the state, two times the amount set  forth  in  subpara-
graph (iii) of this paragraph.
  (e)  (i)  On  and after January first, two thousand [fifteen] SIXTEEN,
for  an  eligible  individual  receiving  enhanced   residential   care,
$1427.00; and (ii) for an eligible couple receiving enhanced residential
care,  two  times the amount set forth in subparagraph (i) of this para-
graph.
  (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases  in  federal  supple-

S. 6406--A                         155                        A. 9006--A

mental  security income benefits for individuals or couples which become
effective on or after January first, two  thousand  [sixteen]  SEVENTEEN
but prior to June thirtieth, two thousand [sixteen] SEVENTEEN.
  S 3. This act shall take effect December 31, 2016.

                                 PART P

  Section  1.  Notwithstanding  any  other provision of law, the housing
trust fund corporation may provide, for purposes  of  the  rural  rental
assistance  program,  a sum not to exceed twenty-two million two hundred
ninety-two thousand dollars for the fiscal year ending March  31,  2017.
Notwithstanding  any other provision of law, and subject to the approval
of the New York state director of the budget, the board of directors  of
the  state  of  New York mortgage agency shall authorize the transfer to
the housing trust fund corporation, for the purposes of reimbursing  any
costs  associated with rural rental assistance program contracts author-
ized by this section, a total sum not to exceed twenty-two  million  two
hundred  ninety-two  thousand dollars, such transfer to be made from (i)
the special account of the mortgage insurance fund created  pursuant  to
section 2429-b of the public authorities law, in an amount not to exceed
the  actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2015-2016 in accordance with  section  2429-b
of  the  public  authorities  law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the  public  authorities  law
are  sufficient  to attain and maintain the credit rating (as determined
by the state of New York mortgage agency)  required  to  accomplish  the
purposes  of  such  account,  the  project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2016.  Notwithstanding any other provision of
law, such funds may be used by the corporation in support  of  contracts
scheduled to expire in the fiscal year ending March 31, 2017 for as many
as  10  additional  years;  in  support  of  contracts  for new eligible
projects for a period not to exceed 5 years; and in support of contracts
which reach their 25 year maximum in and/or prior  to  the  fiscal  year
ending March 31, 2017 for an additional one year period.
  S  2.  Notwithstanding any other provision of law, the housing finance
agency may provide, for costs  associated  with  the  rehabilitation  of
Mitchell  Lama  housing  projects, a sum not to exceed forty-two million
dollars for the fiscal year ending March 31, 2017.  Notwithstanding  any
other  provision  of  law,  and  subject to the approval of the New York
state director of the budget, the board of directors of the state of New
York mortgage agency shall authorize the transfer to the housing finance
agency, for the purposes of reimbursing any costs associated with  Mitc-
hell  Lama  housing projects authorized by this section, a total sum not
to exceed forty-two million dollars, such transfer to be made  from  (i)
the  special  account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage  insur-
ance fund, as determined and certified by the state of New York mortgage
agency  for  the fiscal year 2015-2016 in accordance with section 2429-b
of the public authorities law, if any, and/or  (ii)  provided  that  the
reserves in the project pool insurance account of the mortgage insurance
fund  created  pursuant  to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating  (as  determined

S. 6406--A                         156                        A. 9006--A

by  the  state  of  New York mortgage agency) required to accomplish the
purposes of such account, the project  pool  insurance  account  of  the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than March 31, 2017.
  S  3.  Notwithstanding  any  other provision of law, the housing trust
fund corporation may provide, for purposes of the neighborhood preserva-
tion program, a sum not to exceed eight million  four  hundred  seventy-
nine  thousand  dollars  for  the  fiscal  year  ending  March 31, 2017.
Notwithstanding any other provision of law, and subject to the  approval
of  the New York state director of the budget, the board of directors of
the state of New York mortgage agency shall authorize  the  transfer  to
the  housing trust fund corporation, for the purposes of reimbursing any
costs  associated  with  neighborhood  preservation  program   contracts
authorized by this section, a total sum not to exceed eight million four
hundred seventy-nine thousand dollars, such transfer to be made from (i)
the  special  account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage  insur-
ance fund, as determined and certified by the state of New York mortgage
agency  for  the fiscal year 2015-2016 in accordance with section 2429-b
of the public authorities law, if any, and/or  (ii)  provided  that  the
reserves in the project pool insurance account of the mortgage insurance
fund  created  pursuant  to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating  (as  determined
by  the  state  of  New York mortgage agency) required to accomplish the
purposes of such account, the project  pool  insurance  account  of  the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2016.
  S  4.  Notwithstanding  any  other provision of law, the housing trust
fund corporation may provide, for purposes  of  the  rural  preservation
program,  a  sum  not  to  exceed three million five hundred thirty-nine
thousand dollars for the fiscal year ending March 31,  2017.    Notwith-
standing  any other provision of law, and subject to the approval of the
New York state director of the budget, the board  of  directors  of  the
state  of  New  York mortgage agency shall authorize the transfer to the
housing trust fund corporation, for  the  purposes  of  reimbursing  any
costs associated with rural preservation program contracts authorized by
this section, a total sum not to exceed three million five hundred thir-
ty-nine  thousand dollars, such transfer to be made from (i) the special
account of the mortgage  insurance  fund  created  pursuant  to  section
2429-b  of  the  public  authorities law, in an amount not to exceed the
actual excess balance in the special account of the  mortgage  insurance
fund,  as  determined  and  certified  by the state of New York mortgage
agency for the fiscal year 2015-2016 in accordance with  section  2429-b
of  the  public  authorities  law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the  public  authorities  law
are  sufficient  to attain and maintain the credit rating (as determined
by the state of New York mortgage agency)  required  to  accomplish  the
purposes  of  such  account,  the  project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2016.
  S 5. Notwithstanding any other provision of  law,  the  housing  trust
fund corporation may provide, for purposes of the rural and urban commu-
nity  investment  fund  program created pursuant to article XXVII of the
private housing finance law, a sum not to exceed thirty-five million two

S. 6406--A                         157                        A. 9006--A

hundred fifty thousand dollars for the  fiscal  year  ending  March  31,
2017.    Notwithstanding  any other provision of law, and subject to the
approval of the New York state director of  the  budget,  the  board  of
directors  of  the state of New York mortgage agency shall authorize the
transfer to the housing trust fund  corporation,  for  the  purposes  of
reimbursing  any costs associated with rural and urban community invest-
ment fund program contracts authorized by this section, a total sum  not
to  exceed  thirty-five million two hundred fifty thousand dollars, such
transfer to be made from (i) the special account of the mortgage  insur-
ance  fund  created pursuant to section 2429-b of the public authorities
law, in an amount not to exceed the actual excess balance in the special
account of the mortgage insurance fund, as determined and  certified  by
the  state  of New York mortgage agency for the fiscal year 2015-2016 in
accordance with section 2429-b of the public authorities  law,  if  any,
and/or  (ii)  provided  that  the reserves in the project pool insurance
account of the mortgage  insurance  fund  created  pursuant  to  section
2429-b  of the public authorities law are sufficient to attain and main-
tain the credit rating (as determined by the state of New York  mortgage
agency) required to accomplish the purposes of such account, the project
pool  insurance account of the mortgage insurance fund, such transfer to
be made as soon as practicable but no later than March 31, 2017.
  S 6. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  may  provide,  for  the  purposes of carrying out the
provisions of the low income housing trust fund program created pursuant
to article XVIII of the private housing finance law, a sum not to exceed
ten million dollars for the fiscal year ending March 31, 2017.  Notwith-
standing  any other provision of law, and subject to the approval of the
New York state director of the budget, the board  of  directors  of  the
state  of  New  York mortgage agency shall authorize the transfer to the
housing trust fund corporation, for the purposes  of  carrying  out  the
provisions of the low income housing trust fund program created pursuant
to  article  XVIII of the private housing finance law authorized by this
section, a total sum not to exceed ten million dollars, such transfer to
be made from (i) the special account  of  the  mortgage  insurance  fund
created  pursuant to section 2429-b of the public authorities law, in an
amount not to exceed the actual excess balance in the special account of
the mortgage insurance fund, as determined and certified by the state of
New York mortgage agency for the fiscal  year  2015-2016  in  accordance
with  section  2429-b of the public authorities law, if any, and/or (ii)
provided that the reserves in the project pool insurance account of  the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities  law are sufficient to attain and maintain the credit rating
(as determined by the state of New York  mortgage  agency)  required  to
accomplish  the  purposes  of  such  account, the project pool insurance
account of the mortgage insurance fund, such transfer to be made as soon
as practicable but no later than March 31, 2017.
  S 7. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  may  provide,  for  purposes of the homes for working
families program for deposit in the housing trust fund created  pursuant
to  section  59-a  of the private housing finance law and subject to the
provisions of article XVIII of the private housing finance  law,  a  sum
not  to  exceed  twelve million seven hundred fifty thousand dollars for
the fiscal  year  ending  March  31,  2017.  Notwithstanding  any  other
provision  of  law,  and  subject  to the approval of the New York state
director of the budget, the board of directors of the state of New  York
mortgage  agency  shall authorize the transfer to the housing trust fund

S. 6406--A                         158                        A. 9006--A

corporation, for the purposes of reimbursing any costs  associated  with
homes for working families program contracts authorized by this section,
a  total  sum  not to exceed twelve million seven hundred fifty thousand
dollars,  such  transfer  to be made from (i) the special account of the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law, in an amount not to exceed the actual excess balance in
the special account of the mortgage insurance fund,  as  determined  and
certified  by  the state of New York mortgage agency for the fiscal year
2015-2016 in accordance with section 2429-b of  the  public  authorities
law,  if any, and/or (ii) provided that the reserves in the project pool
insurance account of the mortgage insurance  fund  created  pursuant  to
section  2429-b  of  the public authorities law are sufficient to attain
and maintain the credit rating (as determined by the state of  New  York
mortgage  agency)  required  to accomplish the purposes of such account,
the project pool insurance account of the mortgage insurance fund,  such
transfer  to  be made as soon as practicable but no later than March 31,
2017.
  S 8. Notwithstanding any other provision of law, the homeless  housing
and  assistance  corporation  may  provide, for purposes of the New York
state supportive housing program,  the  solutions  to  end  homelessness
program or the operational support for AIDS housing program, or to qual-
ified grantees under those programs, in accordance with the requirements
of those programs, a sum not to exceed fifteen million six hundred nine-
ty thousand dollars for the fiscal year ending March 31, 2017. The home-
less housing and assistance corporation may enter into an agreement with
the office of temporary and disability assistance to administer such sum
in accordance with the requirements of the programs. Notwithstanding any
other  provision  of law, and subject to the approval of the director of
the budget, the board of directors of the state  of  New  York  mortgage
agency  shall authorize the transfer to the homeless housing and assist-
ance corporation, a total sum not to exceed fifteen million six  hundred
ninety  thousand  dollars, such transfer to be made from (i) the special
account of the mortgage  insurance  fund  created  pursuant  to  section
2429-b  of  the  public  authorities law, in an amount not to exceed the
actual excess balance in the special account of the  mortgage  insurance
fund,  as  determined  and  certified  by the state of New York mortgage
agency for the fiscal year 2015-2016 in accordance with  section  2429-b
of  the  public  authorities  law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the  public  authorities  law
are  sufficient  to attain and maintain the credit rating (as determined
by the state of New York mortgage agency)  required  to  accomplish  the
purposes  of  such  account,  the  project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than March 31, 2017.
  S 9. This act shall take effect immediately.

                                 PART Q

  Section 1. Section 4 of subpart A of part D of chapter 58 of the  laws
the  2011  amending  the education law relating to capital facilities in
support of the state university and community colleges,  is  amended  to
read as follows:
  S  4.  This  act shall take effect immediately and shall expire and be
deemed repealed June 30, [2016] 2021.

S. 6406--A                         159                        A. 9006--A

  S 2. Section 4 of subpart B of part D of chapter 58  of  the  laws  of
2011  amending  the  education law relating to procurement in support of
the state and city universities, is amended to read as follows:
  S  4.  This  act shall take effect immediately and shall expire and be
deemed repealed June 30, [2016] 2021.
  S 3. Section 3 of subpart C of part D of chapter 58  of  the  laws  of
2011 amending the education law relating to state university health care
facilities, is amended to read as follows:
  S  3.  This act shall take effect immediately, and shall expire and be
deemed repealed June 30, [2016] 2021.
  S 4. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through Q of this act shall  be
as specifically set forth in the last section of such Parts.

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

                                 9006--B

                          I N  A S S E M B L Y

                            January 14, 2016
                               ___________

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

AN ACT to amend the education law, in relation to contracts  for  excel-
  lence  and  the apportionment of public moneys; to amend the education
  law, in relation to the statewide universal full-day  pre-kindergarten
  program; to amend chapter 552 of the laws of 1995, amending the educa-
  tion  law relating to contracts for the transportation of school chil-
  dren, in relation to the effectiveness thereof; to amend  chapter  756
  of  the  laws  of  1992,  relating to funding a program for work force
  education conducted by the consortium for worker education in New York
  city, in relation to reimbursements for the 2015-2016 school year;  to
  amend  chapter  756 of the laws of 1992, relating to funding a program
  for work force education conducted by the consortium for worker educa-
  tion in New York city, in relation to withholding a portion of employ-
  ment preparation education aid and in relation  to  the  effectiveness
  thereof;  to  amend the state finance law, in relation to the New York
  state teen health education fund; to amend chapter 169 of the laws  of
  1994,  relating  to  certain  provisions  related to the 1994-95 state
  operations, aid to localities, capital projects and debt service budg-
  ets, in relation to the effectiveness thereof; to amend chapter 82  of
  the  laws  of 1995, amending the education law and other laws relating
  to state aid to school districts and the appropriation  of  funds  for
  the  support  of government, in relation to the effectiveness thereof;
  to amend chapter 147 of the laws of 2001, amending the  education  law
  relating to conditional appointment of school district, charter school
  or BOCES employees, in relation to the effectiveness thereof; to amend
  chapter  425  of the laws of 2002, amending the education law relating
  to the provision of supplemental educational services, attendance at a
  safe public school and the suspension of pupils who bring a firearm to
  or possess a firearm at a school, in  relation  to  the  effectiveness
  thereof; to amend chapter 101 of the laws of 2003, amending the educa-
  tion law relating to implementation of the No Child Left Behind Act of
  2001,  in  relation to the effectiveness thereof; to amend chapter 121

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

                      [ ] is old law to be omitted.
                                                           LBD12672-03-6

A. 9006--B                          2

  of the laws of 1996 relating to authorizing the Roosevelt  union  free
  school  district  to finance deficits by the issuance of serial bonds,
  in relation to certain apportionments; to amend the education law,  in
  relation  to  aid  for  employment  preparation education programs; to
  amend the education law, in relation to apportionment of building  aid
  for  certain projects for certain schools; to amend the education law,
  in relation to aid payable to BOCES districts; to amend the  education
  law,  in  relation to aid for career education; to amend the education
  law, in relation to collection of data  on  ninth  grade  students  in
  certain  career  education  sequences;  to  direct the commissioner of
  education to examine the reduced price lunch  program;  to  amend  the
  education  law,  in  relation to the operation of persistently failing
  schools; to amend the education law,  in  relation  to  transportation
  after  four;  to  provide  for  an  increase in reimbursable costs for
  certain tuition rates; to amend the  education  law,  in  relation  to
  submission  by  school districts of documentation of implementation of
  annual teacher and principal evaluations; to amend the education  law,
  in  relation  to establishing the council to improve outcomes for boys
  and young men of color, providing aid for family and community engage-
  ment strategies, and establishing grants to improve outcomes for  boys
  and  young  men  of  color; to amend the education law, in relation to
  contracts for the transportation of  school  children;  to  amend  the
  education law, in relation to contracts for school buses and contracts
  for  mobile  instructional units; to direct the commissioner on how to
  recover certain penalties; to amend the education law, in relation  to
  establishing a Rochester-Monroe anti-poverty initiative transportation
  pilot  program;  and to repeal certain provisions of the education law
  relating thereto (Part A); to amend the education law, in relation  to
  school  emergency response plans (Part B); intentionally omitted (Part
  C); to amend the education law, in relation to SUNY tuition; to  amend
  the state finance law, in relation to a capital five year capital plan
  for  infrastructure  costs for SUNY and CUNY; and to amend chapter 260
  of the laws of 2011 amending the education law and the New York  state
  urban  development corporation act relating to establishing components
  of the NY-SUNY 2020 challenge grant program, in relation to the effec-
  tiveness thereof (Part D); to amend the state finance law, in relation
  to the creation of the SUNY Stony Brook Affiliation escrow fund  (Part
  E);  to  amend the education law, in relation to creating the New York
  DREAM fund commission; eligibility requirements and conditions govern-
  ing general awards, academic performance  awards  and  student  loans;
  eligibility  requirements  for  assistance  under the higher education
  opportunity programs and the collegiate science and  technology  entry
  program; financial aid opportunities for students of the state univer-
  sity  of  New  York,  the  city  university  of New York and community
  colleges; and the program requirements for the New York state  college
  choice tuition savings program; and to repeal subdivision 3 of section
  661 of such law relating thereto (Part F); to amend chapter 161 of the
  laws of 2005 amending the education law relating to the New York state
  licensed  social  worker  loan forgiveness program, in relation to the
  effectiveness thereof; to amend part V of chapter 57 of  the  laws  of
  2005 amending the education law relating to the New York state nursing
  faculty  loan  forgiveness  incentive  program  and the New York state
  nursing faculty scholarship program, in relation to the  effectiveness
  thereof;  to  amend chapter 31 of the laws of 1985 amending the educa-
  tion law relating to regents scholarships in certain professions;  and
  to  amend  the  education law, in relation to forgiving loans upon the

A. 9006--B                          3

  death of the recipient (Part G); intentionally omitted  (Part  H);  to
  amend  chapter  91 of the laws of 2002, amending the education law and
  other laws relating to reorganization of  the  New  York  city  school
  construction  authority,  board  of education and community boards, in
  relation to the effectiveness thereof; and to amend chapter 345 of the
  laws of 2009, amending the education law and other  laws  relating  to
  the  New  York city board of education, chancellor, community councils
  and community superintendents, in relation to the effectiveness there-
  of (Part I); to amend the labor law, in relation to the apprenticeship
  training council (Part J); to amend the labor law, in relation to  the
  minimum wage; to amend the public health law, in relation to home care
  worker  wage  parity; and to amend part H of chapter 59 of the laws of
  2011, amending the public health law and other laws relating to  known
  and  projected  department of health state fund medicaid expenditures,
  in relation to medicaid disbursements (Part K);  to  amend  the  labor
  law,  in relation to enhancing the urban youth jobs program tax credit
  by increasing the sum of money allocated to  programs  four  and  five
  (Part  L); to amend the family court act, in relation to findings that
  must be made at permanency hearings, and to amend the social  services
  law,  in relation to guardianship expenses, the reasonable and prudent
  parent standard and the criminal history  of  prospective  foster  and
  adoptive  parents (Part M); to amend the family court act, in relation
  to family court proceedings, jurisdiction of the court, the definition
  of juvenile delinquent, the definition of a designated felony act, the
  procedures regarding the adjustment of cases from criminal  courts  to
  family  court,  the age at which children may be tried as an adult for
  various felonies, and the  manner  in  which  courts  handle  juvenile
  delinquent  cases;  to  amend  the social services law, in relation to
  state reimbursement for expenditures made by social services districts
  for various services; to amend the social services law, in relation to
  the definitions of juvenile delinquent and persons in need  of  super-
  vision;  to  amend  the  penal  law,  in relation to the definition of
  infancy and the authorized dispositions,  sentences,  and  periods  of
  post-release supervision for juvenile offenders; to amend the criminal
  procedure  law, in relation to the definition of juvenile offender; to
  amend the criminal procedure law, in relation to the arrest of a juve-
  nile offender without a warrant; in relation to conditional sealing of
  certain convictions for offenses committed by a defendant twenty years
  of age or younger; in relation to removal of  certain  proceedings  to
  family  court; in relation to joinder of offenses and consolidation of
  indictments; in relation to appearances and hearings  for  and  place-
  ments  of  certain  juvenile offenders; in relation to raising the age
  for juvenile offender status; in relation to creating a youth part for
  certain  proceedings  involving  juvenile  offenders;  to  amend   the
  correction  law,  in relation to requiring that no county jail be used
  for the confinement of persons under the age of eighteen; to amend the
  education law, in relation to certain contracts  with  the  office  of
  children  and family services; to amend the education law, in relation
  to the possession of a gun on school grounds by a  student;  to  amend
  the  executive  law,  in relation to persons in need of supervision or
  youthful offenders; and to amend  the  vehicle  and  traffic  law,  in
  relation to convictions; and in relation to suspension, revocation and
  reissuance  of  licenses  and  registrations;  and  to  repeal certain
  provisions of the correction law relating to the housing of  prisoners
  and  other  persons  in custody (Part N); to amend the social services
  law, in relation to increasing the standards of monthly need for aged,

A. 9006--B                          4

  blind and disabled persons  living  in  the  community  (Part  O);  to
  utilize  reserves  in  the mortgage insurance fund for various housing
  purposes (Part P); to amend Part D of chapter 58 of the laws  of  2011
  amending  the  education law relating to capital facilities in support
  of the state university and community colleges,  procurement  and  the
  state university health care facilities, in relation to the effective-
  ness  thereof  (Part  Q);  to  amend the education law, in relation to
  tuition assistance program awards and tuition  credits  (Part  R);  to
  amend  the social services law, in relation to resource exemptions for
  applicants for public assistance programs, and to amend chapter 436 of
  the laws of 1997, constituting the welfare  reform  act  of  1997,  in
  relation to the effectiveness thereof (Subpart A); to amend the social
  services  law, in relation to the powers of a social services official
  to receive and dispose of a deed, mortgage or  lien  (Subpart  B);  to
  amend the social services law, in relation to eliminating the require-
  ment  that  a city having a population of one million or more evaluate
  and report on demonstration projects pursuant to a  plan  approved  by
  the  office of temporary and disability assistance and the division of
  budget prior to the  implementation  of  the  project;  and  to  amend
  section  2  of  part  K of chapter 58 of the laws of 2010 amending the
  social services law relating to establishing the savings  plan  demon-
  stration project, in relation to extending the period of effectiveness
  thereof (Subpart C); and to amend the social services law, in relation
  to  a  family eviction prevention supplement program (Subpart D) (Part
  S); to amend the social services law, in relation to homework counting
  towards satisfaction of work activity  requirements  (Subpart  A);  to
  amend  the social services law, in relation to establishing factors to
  be considered when a health care practitioner  upon examination has  a
  different opinion from an applicant's treating health care practition-
  er's opinion as to an applicant's disability; and requiring an explic-
  it  written  determination  by  the  health care practitioner when the
  diagnoses differ (Subpart B); to amend the  social  services  law,  in
  relation  to  the  twelve  month work exemption for certain parents or
  relatives providing child  care  (Subpart  C);  to  amend  the  social
  services  law,  in  relation  to  conciliation and non-compliance with
  public assistance employment; and to repeal certain provisions of such
  law relating thereto (Subpart D); and to  amend  the  social  services
  law,  in  relation  to  individuals with disabilities receiving public
  assistance; and repealing certain  provisions  of  such  law  relating
  thereto  (Subpart E) (Part T); relating to classifying certain capital
  projects as public works (Part U);  to  establish  local  anti-poverty
  task  forces;  and  providing  for  the repeal of such provisions upon
  expiration thereof (Subpart A); to amend the social services  law,  in
  relation  to creating a New York state non-profit infrastructure capi-
  tal investment program grant (Subpart B);  and  to  amend  the  social
  services  law,  in relation to integrated eligibility systems (Subpart
  C) (Part V); to amend the education law, in relation to  foster  youth
  college  success initiative (Part W); to amend the public housing law,
  in relation to rental assistance for  low-income  families  living  in
  privately-owned  rental housing (Part X); to amend the private housing
  finance law, in relation to  establishing  the  developing  affordable
  senior  housing  program (Part Y); to amend the public housing law, in
  relation to the establishment of the  New  York  state  community  and
  housing  stabilization  fund (Part Z); and to amend the education law,
  in relation to enrollment and retention targets for  English  language
  learners in charter schools (Part AA)

A. 9006--B                          5

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

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2016-2017
state fiscal year. Each component is  wholly  contained  within  a  Part
identified as Parts A through AA. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 1 of part A of chapter 56 of the laws of
2015, is amended to read as follows:
  e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
district  that  submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for  excel-
lence  for  the  two  thousand  nine--two  thousand  ten  school year in
conformity with the requirements of subparagraph (vi) of paragraph a  of
subdivision  two  of this section unless all schools in the district are
identified as in good standing  and  provided  further  that,  a  school
district  that  submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in  the  district
are  identified  as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
graph  a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than  the  product  of  the  amount
approved  by the commissioner in the contract for excellence for the two
thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
district's  gap  elimination  adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as  in  good  standing,  shall  submit  a
contract  for excellence for the two thousand twelve--two thousand thir-
teen school  year  which  shall,  notwithstanding  the  requirements  of
subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
provide for the expenditure of an amount which shall be  not  less  than
the  amount  approved by the commissioner in the contract for excellence
for the  two  thousand  eleven--two  thousand  twelve  school  year  and
provided  further  that, a school district that submitted a contract for
excellence for the two thousand  twelve--two  thousand  thirteen  school
year,  unless  all  schools  in  the  district are identified as in good
standing, shall submit a contract for excellence for  the  two  thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the  requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner  in  the  contract
for excellence for the two thousand twelve--two thousand thirteen school
year  and  provided  further  that,  a  school district that submitted a

A. 9006--B                          6

contract for excellence for  the  two  thousand  thirteen--two  thousand
fourteen  school year, unless all schools in the district are identified
as in good standing, shall submit a contract for excellence for the  two
thousand   fourteen--two  thousand  fifteen  school  year  which  shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a  of
subdivision  two  of  this  section,  provide  for the expenditure of an
amount which shall be not less than the amount approved by  the  commis-
sioner in the contract for excellence for the two thousand thirteen--two
thousand  fourteen  school  year;  and  provided  further that, a school
district that submitted a contract for excellence for the  two  thousand
fourteen--two  thousand  fifteen  school year, unless all schools in the
district are identified as in good standing, shall submit a contract for
excellence for the two thousand  fifteen--two  thousand  sixteen  school
year  which shall, notwithstanding the requirements of subparagraph (vi)
of paragraph a of subdivision two  of  this  section,  provide  for  the
expenditure  of  an  amount  which  shall  be  not  less than the amount
approved by the commissioner in the contract for excellence for the  two
thousand  fourteen--two  thousand  fifteen  school  year;  AND  PROVIDED
FURTHER THAT NO SCHOOL DISTRICT SHALL BE REQUIRED TO SUBMIT  A  CONTRACT
FOR  EXCELLENCE  FOR  THE  TWO  THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN
SCHOOL YEAR AND THEREAFTER. For purposes of  this  paragraph,  the  "gap
elimination adjustment percentage" shall be calculated as the sum of one
minus  the  quotient  of the sum of the school district's net gap elimi-
nation adjustment for two thousand  ten--two  thousand  eleven  computed
pursuant  to chapter fifty-three of the laws of two thousand ten, making
appropriations for the support of government, plus the school district's
gap elimination adjustment for two thousand eleven--two thousand  twelve
as  computed pursuant to chapter fifty-three of the laws of two thousand
eleven, making appropriations for the support of  the  local  assistance
budget,  including  support  for  general  support  for  public schools,
divided by the total aid for adjustment  computed  pursuant  to  chapter
fifty-three  of  the  laws of two thousand eleven, making appropriations
for the local assistance budget, including support for  general  support
for  public  schools.  Provided,  further,  that  such  amount  shall be
expended to support  and  maintain  allowable  programs  and  activities
approved  in  the  two thousand nine--two thousand ten school year or to
support new or expanded allowable programs and activities in the current
year.
  S 2. The closing paragraph of subdivision 5-a of section 3602  of  the
education  law,  as  amended by section 2 of part A of chapter 56 of the
laws of 2015, is amended to read as follows:
  For the two thousand eight--two thousand nine school year, each school
district shall be entitled to an apportionment equal to the  product  of
fifteen  percent  and  the additional apportionment computed pursuant to
this subdivision for the two thousand seven--two thousand  eight  school
year.  For  the two thousand nine--two thousand ten through two thousand
[fifteen] SIXTEEN--two thousand [sixteen] SEVENTEEN school  years,  each
school  district  shall  be  entitled  to  an apportionment equal to the
amount set forth for such school district as  "SUPPLEMENTAL  PUB  EXCESS
COST"  under  the  heading  "2008-09  BASE  YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of  the  budget
for  the  two  thousand  nine--two thousand ten school year and entitled
"SA0910".
  S 3. Subdivision 12 of section 3602 of the education law is amended by
adding a fourth undesignated paragraph to read as follows:

A. 9006--B                          7

  FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, EACH
SCHOOL DISTRICT SHALL BE ENTITLED  TO  AN  APPORTIONMENT  EQUAL  TO  THE
AMOUNT  SET  FORTH  FOR  SUCH  SCHOOL DISTRICT AS "ACADEMIC ENHANCEMENT"
UNDER THE HEADING "2015-16 ESTIMATED AIDS" IN THE  SCHOOL  AID  COMPUTER
LISTING  PRODUCED  BY  THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE
TWO THOUSAND FIFTEEN--TWO THOUSAND  SIXTEEN  SCHOOL  YEAR  AND  ENTITLED
"SA151-6",  AND  SUCH APPORTIONMENT SHALL BE DEEMED TO SATISFY THE STATE
OBLIGATION TO PROVIDE AN APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT  OF
SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE.
  S  4.  The  opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 4 of part A of chapter  56  of  the
laws of 2015, is amended to read as follows:
  Each  school  district  shall  be  eligible  to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school  year,
which  shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment  received
by  the school district pursuant to this subdivision in the two thousand
seven--two thousand eight school year,  multiplied  by  the  due-minimum
factor,  which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b  of  subdivision  three  of  this
section that is less than two, seventy percent (0.70), and for all other
districts,  fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the  two  thousand  nine--two
thousand  ten  through two thousand twelve--two thousand thirteen school
years in the amount set forth for such school district as "HIGH TAX AID"
under the heading "2008-09 BASE YEAR AIDS" in the  school  aid  computer
listing  produced  by  the commissioner in support of the budget for the
two thousand nine--two thousand ten school year and  entitled  "SA0910".
Each  school district shall be eligible to receive a high tax aid appor-
tionment in the two thousand  thirteen--two  thousand  fourteen  through
[two  thousand  fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO
THOUSAND SEVENTEEN school years equal to the greater of (1)  the  amount
set  forth  for such school district as "HIGH TAX AID" under the heading
"2008-09 BASE YEAR AIDS" in the school aid computer listing produced  by
the commissioner in support of the budget for the two thousand nine--two
thousand  ten  school  year  and entitled "SA0910" or (2) the amount set
forth for such school district as  "HIGH  TAX  AID"  under  the  heading
"2013-14  ESTIMATED AIDS" in the school aid computer listing produced by
the commissioner in support of the  executive  budget  for  the  2013-14
fiscal year and entitled "BT131-4".
  S  5. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 5 of part A of chapter  56  of  the
laws of 2015, is amended to read as follows:
  Notwithstanding  any provision of law to the contrary, for aid payable
in the two thousand eight--two thousand nine school year, the  grant  to
each eligible school district for universal prekindergarten aid shall be
computed  pursuant  to this subdivision, and for the two thousand nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each school district shall be eligible for a maximum grant equal to  the
amount  computed for such school district for the base year in the elec-
tronic data file produced by the commissioner  in  support  of  the  two
thousand  nine--two  thousand ten education, labor and family assistance
budget, provided, however, that in the case of a  district  implementing
programs  for  the  first time or implementing expansion programs in the
two thousand eight--two thousand nine school year  where  such  programs

A. 9006--B                          8

operate  for a minimum of ninety days in any one school year as provided
in section 151-1.4 of the regulations of the commissioner, for  the  two
thousand nine--two thousand ten and two thousand ten--two thousand elev-
en  school  years,  such school district shall be eligible for a maximum
grant equal to the amount computed pursuant to paragraph a  of  subdivi-
sion  nine  of this section in the two thousand eight--two thousand nine
school year, and for the two thousand eleven--two thousand twelve school
year each school district shall be eligible for a maximum grant equal to
the amount set forth for such school district as  "UNIVERSAL  PREKINDER-
GARTEN"  under  the  heading  "2011-12 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the  enacted
budget  for  the 2011-12 school year and entitled "SA111-2", and for two
thousand twelve--two thousand thirteen through  two  thousand  [fifteen]
SIXTEEN--two  thousand  [sixteen]  SEVENTEEN  school  years  each school
district shall be eligible for a maximum grant equal to the  greater  of
(i)  the amount set forth for such school district as "UNIVERSAL PREKIN-
DERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school  aid
computer  listing produced by the commissioner in support of the enacted
budget for the 2011-12 school year and entitled "SA111-2", or  (ii)  the
amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN"
under  the  heading  "2010-11 BASE YEAR AIDS" in the school aid computer
listing produced by the commissioner  on  May  fifteenth,  two  thousand
eleven  pursuant  to  paragraph  b  of subdivision twenty-one of section
three hundred five of this chapter, and provided further that the  maxi-
mum  grant shall not exceed the total actual grant expenditures incurred
by the school district in the current school year  as  approved  by  the
commissioner.
  S  6.  Paragraph  h of subdivision 17 of section 3602 of the education
law, as added by section 5-b of part A of chapter  56  of  the  laws  of
2015, is amended to read as follows:
  h.  The  gap  elimination  adjustment [restoration amount] for the two
thousand sixteen--two thousand  seventeen  school  year  and  thereafter
shall  equal  [the  product  of  the gap elimination percentage for such
district and  the  gap  elimination  adjustment  restoration  allocation
established pursuant to subdivision eighteen of this section] ZERO.
  S 7. Subdivision 4 of section 3602 of the education law, is amended by
section  5-a  of part A of chapter 56 of the laws of 2015, is amended to
read as follows:
  4. Total foundation aid. A. In addition  to  any  other  apportionment
pursuant  to  this  chapter, a school district, other than a special act
school district as defined in subdivision eight of section four thousand
one of this chapter, shall be eligible for total foundation aid equal to
the product of total aidable foundation pupil units  multiplied  by  the
district's  selected  foundation aid, which shall be the greater of five
hundred dollars ($500) or  foundation  formula  aid,  provided,  however
that:
  (1)  for  the two thousand seven--two thousand eight through two thou-
sand eight--two thousand nine school years,  no  school  district  shall
receive  total  foundation aid in excess of the sum of the total founda-
tion aid base for aid payable in the two  thousand  seven--two  thousand
eight  school  year computed pursuant to subparagraph (i) of paragraph j
of subdivision  one  of  this  section,  plus  the  phase-in  foundation
increase  computed  pursuant  to  paragraph  b  of this subdivision, and
provided further that:
  (2) FOR THE TWO THOUSAND NINE--TWO THOUSAND TEN THROUGH  TWO  THOUSAND
ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL  YEARS, EACH SCHOOL DISTRICT SHALL

A. 9006--B                          9

RECEIVE TOTAL FOUNDATION AID IN AN AMOUNT EQUAL  TO  THE  AMOUNT  APPOR-
TIONED  TO SUCH SCHOOL DISTRICT FOR THE TWO THOUSAND EIGHT--TWO THOUSAND
NINE SCHOOL YEAR PURSUANT TO  THIS  SUBDIVISION,  AND  PROVIDED  FURTHER
THAT:
  (3) for the two thousand twelve--two thousand thirteen school year, no
school  district shall receive total foundation aid in excess of the sum
of the total foundation aid base [for aid payable in  the  two  thousand
eleven--two  thousand  twelve school year] computed pursuant to SUBPARA-
GRAPH (II) OF paragraph j of subdivision one of this section,  plus  the
phase-in  foundation  increase  computed pursuant to paragraph b of this
subdivision, and provided further that:
  (4) for the two thousand thirteen--two thousand fourteen [school  year
and  thereafter]  THROUGH  TWO  THOUSAND  FIFTEEN--TWO  THOUSAND SIXTEEN
SCHOOL YEARS, no school district shall receive total foundation  aid  in
excess  of the sum of the total foundation aid base computed pursuant to
SUBPARAGRAPH (II) OF paragraph j of subdivision  one  of  this  section,
plus  the  phase-in foundation increase computed pursuant to paragraph b
of this subdivision [and provided  further  that  total  foundation  aid
shall  not  be  less  than  the product of the total foundation aid base
computed pursuant to paragraph j of subdivision one of this section  and
the due-minimum percent which shall be, for the two thousand twelve--two
thousand  thirteen  school  year,  one  hundred  and  six-tenths percent
(1.006) and for the two thousand thirteen--two thousand fourteen  school
year  for  city  school  districts of those cities having populations in
excess of one hundred twenty-five thousand and  less  than  one  million
inhabitants  one  hundred  and one and one hundred and seventy-six thou-
sandths percent (1.01176), and for all other districts one  hundred  and
three-tenths  percent  (1.003),  and  for the two thousand fourteen--two
thousand fifteen school year  one  hundred  and  eighty-five  hundredths
percent (1.0085), and for the two thousand fifteen--two thousand sixteen
school  year, one hundred thirty-seven hundredths percent (1.0037)], AND
PROVIDED FURTHER THAT:
  (5) FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL  YEAR,
NO  ELIGIBLE  SCHOOL  DISTRICTS  SHALL  RECEIVE  TOTAL FOUNDATION AID IN
EXCESS OF THE SUM OF THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT  TO
SUBPARAGRAPH (II) OF PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION PLUS
THE  PHASE-IN  FOUNDATION INCREASE, WHERE (A) "ELIGIBLE SCHOOL DISTRICT"
SHALL BE DEFINED AS A DISTRICT WITH (1) AN UNRESTRICTED AID INCREASE  OF
LESS THAN EIGHT PERCENT (0.08) OR A TGFE FACTOR GREATER THAN OR EQUAL TO
ONE  AND  ONE-HALF PERCENT (0.015) AND (2) A THREE YEAR AVERAGE FREE AND
REDUCED PRICE  LUNCH PERCENT GREATER THAN FIFTEEN  PERCENT  (0.15),  AND
(B)  "UNRESTRICTED AID INCREASE" SHALL MEAN THE QUOTIENT ARRIVED AT WHEN
DIVIDING THE ALTERNATE DUE MINIMUM INCREASE COMPUTED PURSUANT  TO  PARA-
GRAPH  B-TWO  OF  THIS SUBDIVISION BY THE ALTERNATE DUE MINIMUM INCREASE
BASE COMPUTED PURSUANT TO SUCH PARAGRAPH, AND (C)  "TGFE  FACTOR"  SHALL
MEAN  THE  QUOTIENT ARRIVED AT WHEN DIVIDING THE GAP ELIMINATION ADJUST-
MENT FOR THE BASE YEAR BY THE TOTAL GENERAL FUND  EXPENDITURES  FOR  THE
BASE YEAR.
  (6) SUCH APPORTIONMENTS SHALL BE subject to allocation pursuant to the
provisions of subdivision eighteen of this section and any provisions of
a chapter of the laws of New York as described therein[, nor more]. SUCH
APPORTIONMENT  SHALL NOT BE GREATER than the product of such total foun-
dation aid base and one hundred fifteen percent, [and  provided  further
that  for  the  two thousand nine--two thousand ten through two thousand
eleven--two thousand twelve school years,  each  school  district  shall
receive  total  foundation  aid  in an amount equal to the amount appor-

A. 9006--B                         10

tioned to such school district for the two thousand eight--two  thousand
nine school year pursuant to this subdivision] AND PROVIDED FURTHER THAT
FOR  THE  TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, SUCH
APPORTIONMENT  SHALL  NOT  BE GREATER THAN THE SUM OF (A) THE PRODUCT OF
SUCH TOTAL FOUNDATION AID BASE AND ONE HUNDRED FIFTEEN PERCENT PLUS  (B)
THE  DIFFERENCE  OF  (I) THE FOUNDATION AID AMOUNT AS SET FORTH FOR EACH
SCHOOL DISTRICT AS "2016-17 FOUNDATION AID" IN THE SCHOOL  AID  COMPUTER
LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR
AND ENTITLED "BT161-7" LESS (II) THE FOUNDATION AID AMOUNT AS SET  FORTH
FOR  EACH  SCHOOL DISTRICT AS "2015-16 FOUNDATION AID" IN THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF  THE  EXECU-
TIVE BUDGET REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN
SCHOOL  YEAR  AND  ENTITLED  "BT161-7".   Total aidable foundation pupil
units shall be calculated pursuant to paragraph g of subdivision two  of
this  section.  For  the  purposes  of  calculating aid pursuant to this
subdivision, aid for the city school district of the city  of  New  York
shall be calculated on a citywide basis.
  [a.]  A-1.  Foundation formula aid. Foundation formula aid shall equal
the remainder when the expected minimum local contribution is subtracted
from the product of the foundation amount, the regional cost index,  and
the  pupil  need  index,  or: (foundation amount x regional cost index x
pupil need index)- expected minimum local contribution.
  (1) The foundation amount shall reflect the average per pupil cost  of
general  education instruction in successful school districts, as deter-
mined by a statistical analysis of the costs of  special  education  and
general  education  in  successful  school  districts, provided that the
foundation amount shall be adjusted annually to reflect  the  percentage
increase in the consumer price index as computed pursuant to section two
thousand  twenty-two of this chapter, provided that for the two thousand
eight--two thousand nine school year, for the purpose  of  such  adjust-
ment,  the  percentage  increase  in  the  consumer price index shall be
deemed to be two and nine-tenths percent (0.029), and  provided  further
that  the  foundation  amount  for  the two thousand seven--two thousand
eight school  year  shall  be  five  thousand  two  hundred  fifty-eight
dollars, and provided further that for the two thousand seven--two thou-
sand  eight  through  two  thousand fifteen--two thousand sixteen school
years, the foundation amount shall be further adjusted by  the  phase-in
foundation  percent established pursuant to paragraph b of this subdivi-
sion.
  (2) The regional cost index shall reflect an analysis of labor  market
costs  based on median salaries in professional occupations that require
similar credentials to those of positions in the  education  field,  but
not  including  those  occupations in the education field, provided that
the regional cost indices for the two thousand seven--two thousand eight
school year and thereafter shall be as follows:
          Labor Force Region  Index
          Capital District    1.124
          Southern Tier       1.045
          Western New York    1.091
          Hudson Valley       1.314
          Long Island/NYC     1.425
          Finger Lakes        1.141
          Central New York    1.103
          Mohawk Valley       1.000
          North Country       1.000

A. 9006--B                         11

  (3) The pupil need index shall equal the sum of one plus the  extraor-
dinary needs percent, provided, however, that the pupil need index shall
not  be less than one nor more than two. The extraordinary needs percent
shall be calculated pursuant to paragraph w of subdivision one  of  this
section.
  (4)  The expected minimum local contribution shall equal the lesser of
(i) the product of (A) the quotient arrived at when the selected  actual
valuation  is divided by total wealth foundation pupil units, multiplied
by (B) the product of the local tax factor,  multiplied  by  the  income
wealth  index,  or (ii) the product of (A) the product of the foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B) the positive difference, if any, of  one  minus  the  state  sharing
ratio  for  total  foundation  aid. The local tax factor shall be estab-
lished by May first of each year by determining the product, computed to
four decimal places without rounding, of ninety  percent  multiplied  by
the quotient of the sum of the statewide average tax rate as computed by
the  commissioner for the current year in accordance with the provisions
of paragraph e of subdivision one of section thirty-six  hundred  nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner  for  the  base  year in accordance with such provisions plus the
statewide average tax rate computed by the  commissioner  for  the  year
prior  to  the  base year in accordance with such provisions, divided by
three, provided however that for the two  thousand  seven--two  thousand
eight  school  year,  such local tax factor shall be sixteen thousandths
(0.016), and provided further that for the two thousand eight--two thou-
sand nine school year, such  local  tax  factor  shall  be  one  hundred
fifty-four  ten  thousandths  (0.0154). The income wealth index shall be
calculated pursuant to paragraph d of subdivision three of this section,
provided, however, that for the purposes of computing the expected mini-
mum local contribution the income wealth index shall not  be  less  than
sixty-five percent (0.65) and shall not be more than two hundred percent
(2.0)  and  provided  however that such income wealth index shall not be
more than ninety-five percent (0.95) for  the  two  thousand  eight--two
thousand  nine school year, and provided further that such income wealth
index shall not be less than zero for  the  two  thousand  thirteen--two
thousand  fourteen  school  year. The selected actual valuation shall be
calculated pursuant to paragraph c of subdivision one of  this  section.
Total  wealth  foundation  pupil  units  shall be calculated pursuant to
paragraph h of subdivision two of this section.
  b. Phase-in foundation increase. (1) The phase-in foundation  increase
shall  equal  the  product  of  the  phase-in foundation increase factor
multiplied by the positive difference, if any, of (i) the product of the
total aidable  foundation  pupil  units  multiplied  by  the  district's
selected foundation aid less (ii) the total foundation aid base computed
pursuant to paragraph j of subdivision one of this section.
  (2)  (i)  Phase-in foundation percent. The phase-in foundation percent
shall equal one hundred thirteen and  fourteen  one  hundredths  percent
(1.1314)  for  the two thousand eleven--two thousand twelve school year,
one hundred ten and thirty-eight hundredths percent (1.1038) for the two
thousand twelve--two thousand thirteen school year,  one  hundred  seven
and  sixty-eight  hundredths percent (1.0768) for the two thousand thir-
teen--two thousand fourteen  school  year,  one  hundred  five  and  six
hundredths  percent (1.0506) for the two thousand fourteen--two thousand
fifteen school year,  and  one  hundred  two  and  five  tenths  percent
(1.0250) for the two thousand fifteen--two thousand sixteen school year.

A. 9006--B                         12

  (ii)  Phase-in  foundation  increase  factor. (A) For the two thousand
eleven--two  thousand  twelve  school  year,  the  phase-in   foundation
increase  factor  shall  equal thirty-seven and one-half percent (0.375)
[and the phase-in due minimum percent shall equal nineteen and forty-one
hundredths  percent (0.1941), for]. (B) FOR the two thousand twelve--two
thousand thirteen school year the phase-in  foundation  increase  factor
shall equal one and seven-tenths percent (0.017)[, for]. (C) FOR the two
thousand  thirteen--two thousand fourteen school year the phase-in foun-
dation increase factor shall equal (1) for a city school district  in  a
city  having  a population of one million or more, five and twenty-three
hundredths percent (0.0523) or (2) for all other school  districts  zero
percent[,  for]. (D) FOR the two thousand fourteen--two thousand fifteen
school year the phase-in foundation increase factor shall equal (1)  for
a  city  school district of a city having a population of one million or
more, four and thirty-two hundredths  percent  (0.0432)  or  (2)  for  a
school district other than a city school district having a population of
one  million  or more for which (A) the quotient of the positive differ-
ence of the  foundation  formula  aid  minus  the  foundation  aid  base
computed  pursuant  to  paragraph  j  of subdivision one of this section
divided by the foundation formula aid is greater than twenty-two percent
(0.22) and (B) a combined wealth ratio less than thirty-five  hundredths
(0.35), seven percent (0.07) or (3) for all other school districts, four
and  thirty-one  hundredths percent (0.0431)[, and for]. (E) FOR the two
thousand fifteen--two thousand sixteen school year the phase-in  founda-
tion  increase  factor  shall equal: (1) for a city school district of a
city having a population of  one  million  or  more,  thirteen  and  two
hundred seventy-four thousandths percent (0.13274); or (2) for districts
where the quotient arrived at when dividing (A) the product of the total
aidable  foundation  pupil  units  multiplied by the district's selected
foundation aid less the total foundation aid base computed  pursuant  to
paragraph  j of subdivision one of this section divided by (B) the prod-
uct of the total  aidable  foundation  pupil  units  multiplied  by  the
district's  selected  foundation  aid  is  greater than nineteen percent
(0.19), and where the district's combined  wealth  ratio  is  less  than
thirty-three   hundredths  (0.33),  seven  and  seventy-five  hundredths
percent (0.0775); or (3) for any other district designated as high  need
pursuant to clause (c) of subparagraph two of paragraph c of subdivision
six  of this section for the school aid computer listing produced by the
commissioner in support of the  enacted  budget  for  the  two  thousand
seven--two  thousand  eight  school  year  and  entitled  "SA0708", four
percent (0.04); or (4) for a city school district in  a  city  having  a
population of one hundred twenty-five thousand or more but less than one
million,  fourteen percent (0.14); or (5) for school districts that were
designated as small city school districts or  central  school  districts
whose  boundaries  include  a portion of a small city for the school aid
computer listing produced by the commissioner in support of the  enacted
budget  for  the two thousand fourteen--two thousand fifteen school year
and entitled "SA1415", four and seven  hundred  fifty-  one  thousandths
percent  (0.04751);  or (6) for all other districts one percent (0.01)[,
and for]. (F) FOR  THE  TWO  THOUSAND  SIXTEEN--TWO  THOUSAND  SEVENTEEN
SCHOOL  YEAR  THE PHASE-IN FOUNDATION INCREASE FACTOR SHALL EQUAL: (1) A
CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE,
TWENTY-TWO AND NINETEEN HUNDREDTHS PERCENT (0.2219), OR (2)  FOR  SCHOOL
DISTRICTS WHAT WERE DESIGNATED AS SMALL CITY SCHOOL DISTRICTS OR CENTRAL
SCHOOL  DISTRICTS WHOSE BOUNDARIES INCLUDE A PORTION OF A SMALL CITY FOR
THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN  SUPPORT

A. 9006--B                         13

OF  THE  ENACTED  BUDGET  FOR  THE  TWO  THOUSAND FOURTEEN--TWO THOUSAND
FIFTEEN SCHOOL YEAR AND ENTITLED "SA1415", FIFTEEN AND ONE-HALF  PERCENT
(0.155),  OR  (3)  FOR SCHOOL DISTRICTS WITH (I) A COMBINED WEALTH RATIO
LESS THAN SEVEN TENTHS (0.7) AND (II) A BASE YEAR PUBLIC SCHOOL DISTRICT
ENROLLMENT  AS  COMPUTED  PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION THAT EXCEEDS SUCH  ENROLLMENT  FROM  THE
YEAR  PRIOR  TO THE BASE YEAR, FOUR AND ONE-HALF PERCENT (0.045), OR (4)
FOR DISTRICTS WHERE THE  QUOTIENT  ARRIVED  AT  WHEN  DIVIDING  (I)  THE
DIFFERENCE  OF  (A)  TOTAL  FOUNDATION AID LESS (B) TOTAL FOUNDATION AID
BASE COMPUTED PURSUANT TO PARAGRAPH (II) OF PARAGRAPH J  OF  SUBDIVISION
ONE OF THIS SECTION DIVIDED BY (II) TOTAL FOUNDATION AID IS GREATER THAN
FIFTEEN  PERCENT  (0.15), AND WHERE THE DISTRICT'S COMBINED WEALTH RATIO
IS LESS THAN SEVEN TENTHS (0.7), FOUR AND ONE-HALF PERCENT  (0.045),  OR
(5)  FOR ALL OTHER ELIGIBLE DISTRICTS AS DEFINED IN SUBPARAGRAPH FIVE OF
PARAGRAPH A OF THIS SUBDIVISION, DISTRICTS,  FOUR  AND  FIVE  HUNDREDTHS
PERCENT (0.0405). (G) NOTWITHSTANDING PARAGRAPH GG OF SUBDIVISION ONE OF
THIS  SECTION,  FOR  the  two thousand [sixteen] SEVENTEEN--two thousand
[seventeen] EIGHTEEN school year [and thereafter the commissioner  shall
annually  determine  the  phase-in foundation increase factor subject to
allocation pursuant to the provisions of subdivision  eighteen  of  this
section  and  any  provisions  of  a  chapter of the laws of New York as
described therein], THE PHASE-IN FOUNDATION INCREASE FACTOR SHALL  EQUAL
THIRTY-THREE  PERCENT  (0.33).  (H)  FOR  THE TWO THOUSAND EIGHTEEN--TWO
THOUSAND NINETEEN SCHOOL YEAR, THE PHASE-IN FOUNDATION  INCREASE  FACTOR
SHALL   EQUAL   FIFTY  PERCENT  (0.50).     (I)  FOR  THE  TWO  THOUSAND
NINETEEN--TWO  THOUSAND  TWENTY  SCHOOL  YEAR  THE  PHASE-IN  FOUNDATION
INCREASE FACTOR SHALL EQUAL ONE HUNDRED PERCENT (1.0).
  B-1.  DUE  MINIMUM  AMOUNT.  NOTWITHSTANDING  OTHER PROVISIONS OF THIS
SUBDIVISION TO THE CONTRARY, TOTAL FOUNDATION AID SHALL NOT BE LESS THAN
THE PRODUCT OF THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO  PARA-
GRAPH J OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE DUE-MINIMUM
PERCENT.  THE  DUE-MINIMUM  PERCENT  SHALL  BE: (I) FOR THE TWO THOUSAND
TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR, ONE  HUNDRED  AND  SIX-TENTHS
PERCENT  (1.006)  AND  (II)  FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN SCHOOL YEAR FOR CITY SCHOOL DISTRICTS OF  THOSE  CITIES  HAVING
POPULATIONS  IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND AND LESS THAN
ONE MILLION INHABITANTS ONE HUNDRED AND ONE AND ONE HUNDRED  AND  SEVEN-
TY-SIX  THOUSANDTHS  PERCENT  (1.01176), AND FOR ALL OTHER DISTRICTS ONE
HUNDRED AND THREE-TENTHS PERCENT (1.003), AND (III) FOR THE TWO THOUSAND
FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR ONE HUNDRED  AND  EIGHTY-FIVE
HUNDREDTHS  PERCENT (1.0085), AND (IV) FOR THE TWO THOUSAND FIFTEEN--TWO
THOUSAND  SIXTEEN  SCHOOL  YEAR,  ONE  HUNDRED  THIRTY-SEVEN  HUNDREDTHS
PERCENT  (1.0037),  AND  (V)  FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN SCHOOL YEAR, FOR ELIGIBLE DISTRICTS AS DEFINED IN SUBPARAGRAPH
FIVE OF PARAGRAPH A OF THIS SUBDIVISION, ONE  HUNDRED  AND  SEVEN-TENTHS
PERCENT  (1.007),  AND  (VI)  FOR TWO THOUSAND SEVENTEEN SCHOOL YEAR AND
THEREAFTER, ONE HUNDRED AND ONE AND ONE-HALF PERCENT (1.015).
  B-2. ALTERNATE DUE MINIMUM AMOUNT. NOTWITHSTANDING OTHER PROVISIONS OF
THIS SUBDIVISION TO THE CONTRARY,  FOR  THE  TWO  THOUSAND  SIXTEEN--TWO
THOUSAND  SEVENTEEN  SCHOOL  YEAR,  TOTAL FOUNDATION AID FOR AN ELIGIBLE
SCHOOL DISTRICT, AS DEFINED IN SUBPARAGRAPH FIVE OF PARAGRAPH A OF  THIS
SUBDIVISION,  WITH  AN ALTERNATE DUE MINIMUM AMOUNT GREATER THAN THE DUE
MINIMUM AMOUNT SHALL NOT BE LESS THAN THE SUM OF  THE  TOTAL  FOUNDATION
AID  BASE  COMPUTED  PURSUANT  TO PARAGRAPH J OF SUBDIVISION ONE OF THIS
SECTION PLUS THE ALTERNATE DUE MINIMUM AMOUNT.

A. 9006--B                         14

  (1) THE ALTERNATE DUE MINIMUM AMOUNT SHALL EQUAL, FOR SCHOOL DISTRICTS
WHOSE TOTAL  FOUNDATION  AID  EXCEEDS  THE  TOTAL  FOUNDATION  AID  BASE
COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH J OF SUBDIVISION ONE
OF  THIS  SECTION  ALTERNATE  OPTION  ONE; OR FOR SCHOOL DISTRICTS WHOSE
TOTAL  FOUNDATION  AID  BASE  COMPUTED  PURSUANT TO SUBPARAGRAPH (II) OF
PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION EXCEEDS TOTAL  FOUNDATION
AID  ALTERNATE OPTION TWO, PROVIDED HOWEVER THAT FOR ANY SCHOOL DISTRICT
IN A CITY WITH A POPULATION GREATER THAN ONE HUNDRED  TWENTY-FIVE  THOU-
SAND  BUT  LESS  THAN  ONE  HUNDRED  FIFTY THOUSAND, OR GREATER THAN TWO
HUNDRED THOUSAND BUT LESS THAN ONE MILLION, THE  ALTERNATE  DUE  MINIMUM
AMOUNT SHALL EQUAL ALTERNATE OPTION THREE.
  (2)  ALTERNATE  OPTIONS  ONE,  TWO, AND THREE SHALL EQUAL THE QUOTIENT
ARRIVED AT WHEN DIVIDING THE DIFFERENCE OF (I) THE PRODUCT  OF  (A)  THE
ALTERNATE  DUE  MINIMUM PERCENT MULTIPLIED BY (B) THE ALTERNATE INCREASE
BASE AMOUNT LESS (II) THE ALTERNATE  INCREASE  AMOUNT  BY  THE  COMBINED
WEALTH RATIO.
  (3) THE ALTERNATE BASE AMOUNT SHALL EQUAL THE DIFFERENCE OF FOUNDATION
AID  FOR  THE BASE YEAR LESS THE GAP ELIMINATION ADJUSTMENT FOR THE BASE
YEAR.
  (4) THE ALTERNATE INCREASE AMOUNT SHALL EQUAL THE  DIFFERENCE  OF  (I)
THE  FOUNDATION  AID  AMOUNT  AS  SET  FORTH FOR EACH SCHOOL DISTRICT AS
"2016-17 FOUNDATION AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED  BY
THE  COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO
THOUSAND  SIXTEEN--TWO  THOUSAND  SEVENTEEN  SCHOOL  YEAR  AND  ENTITLED
"BT161-7" LESS (II) THE ALTERNATE BASE AMOUNT.
  (5)  THE  ALTERNATE DUE MINIMUM PERCENT FOR ALTERNATE OPTION ONE SHALL
BE SIX AND TWO HUNDREDTHS PERCENT (0.0602). THE  ALTERNATE  DUE  MINIMUM
PERCENT  FOR ALTERNATE OPTION TWO SHALL BE FOUR AND THREE-TENTHS PERCENT
(0.043). THE ALTERNATE DUE MINIMUM PERCENT FOR  ALTERNATE  OPTION  THREE
SHALL BE FIVE PERCENT (0.05).
  [b-1]  C.  Notwithstanding any other provision of law to the contrary,
for the two thousand seven--two thousand eight school year and thereaft-
er, the additional amount payable to each school  district  pursuant  to
this  subdivision  in  the  current  year as total foundation aid, after
deducting the total foundation aid base, shall be deemed a  state  grant
in  aid  identified  by the commissioner for general use for purposes of
section seventeen hundred eighteen of this chapter.
  [c] D. Public excess cost aid setaside. Each school district shall set
aside from its total foundation aid computed for the current year pursu-
ant to this subdivision an amount equal  to  the  product  of:  (i)  the
difference  between  the  amount  the  school  district  was eligible to
receive in the two thousand six--two thousand seven school year pursuant
to or in lieu of paragraph six of subdivision nineteen of  this  section
as  such  paragraph existed on June thirtieth, two thousand seven, minus
the amount such district was eligible to receive pursuant to or in  lieu
of  paragraph five of subdivision nineteen of this section as such para-
graph existed on June thirtieth, two  thousand  seven,  in  such  school
year, and (ii) the sum of one and the percentage increase in the consum-
er  price  index for the current year over such consumer price index for
the two thousand six--two thousand seven school year, as computed pursu-
ant to section two thousand twenty-two of this chapter.  Notwithstanding
any  other  provision of law to the contrary, the public excess cost aid
setaside shall be paid pursuant to section thirty-six hundred nine-b  of
this part.
  [d]  E.    For the two thousand fourteen--two thousand fifteen and two
thousand fifteen--two  thousand  sixteen  school  years  a  city  school

A. 9006--B                         15

district  of  a  city having a population of one million or more may use
amounts  apportioned  pursuant  to  this  subdivision  for   afterschool
programs.
  S  8.  Section  3602  of  the education law is amended by adding a new
subdivision 19 to read as follows:
  19. COMMUNITY SCHOOLS AID. EACH SCHOOL DISTRICT SHALL BE  ELIGIBLE  TO
RECEIVE  AN  APPORTIONMENT FOR COMMUNITY SCHOOLS AID EQUAL TO THE SUM OF
THE TIER ONE APPORTIONMENT AND THE TIER TWO APPORTIONMENT, BUT  NO  LESS
THAN  THE  COMMUNITY  SCHOOLS  AID  AMOUNT  AS SET FORTH FOR EACH SCHOOL
DISTRICT AS "2016-17 COMMUNITY SCHOOLS AID" IN THE SCHOOL  AID  COMPUTER
LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR
AND ENTITLED "BT161-7".
  A. DEFINITIONS.  (1) "TIER ONE ELIGIBLE SCHOOL  DISTRICT"  SHALL  MEAN
ANY SCHOOL DISTRICT WITH AT LEAST ONE SCHOOL DESIGNATED AS STRUGGLING OR
PERSISTENTLY STRUGGLING BY THE COMMISSIONER PURSUANT TO PARAGRAPH (A) OR
(B)  OF  SUBDIVISION ONE OF SECTION TWO HUNDRED ELEVEN-F OF THIS CHAPTER
PRIOR TO JANUARY FIRST, TWO THOUSAND SIXTEEN.
  (2) "TIER TWO ELIGIBLE SCHOOL DISTRICT" SHALL MEAN ANY SCHOOL DISTRICT
DESIGNATED AS HIGH NEED PURSUANT TO CLAUSE (C) OF  SUBPARAGRAPH  TWO  OF
PARAGRAPH  C  OF  SUBDIVISION  SIX  OF  THIS  SECTION FOR THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  ENACTED
BUDGET  FOR  THE  TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND
ENTITLED "SA0708" OR ANY DISTRICT DESIGNATED AS HIGH  NEED  PURSUANT  TO
THE REGULATIONS OF THE COMMISSIONER IN THE MOST RECENTLY AVAILABLE STUDY
INCLUDED IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER
IN  SUPPORT  OF  THE  ENACTED  BUDGET FOR THE TWO THOUSAND THIRTEEN--TWO
THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED "SA131-4".
  B. TIER ONE APPORTIONMENT. ANY TIER ONE ELIGIBLE SCHOOL DISTRICT SHALL
BE ELIGIBLE FOR AN APPORTIONMENT EQUAL TO (I) THE  GREATER  OF  (1)  THE
PRODUCT OF EIGHT HUNDRED THIRTY DOLLARS AND SIXTY CENTS ($830.60) MULTI-
PLIED  BY  THE  DISTRICT'S  ENROLLMENT IN THE TWO THOUSAND FOURTEEN--TWO
THOUSAND FIFTEEN SCHOOL YEAR IN  SCHOOLS  DESIGNATED  AS  STRUGGLING  OR
PERSISTENTLY STRUGGLING PURSUANT TO PARAGRAPHS (A) OR (B) OF SUBDIVISION
ONE OF SECTION TWO HUNDRED ELEVEN-F OF THIS CHAPTER ON THE DATE PRIOR TO
NOVEMBER  FIRST  THAT IS SPECIFIED BY THE COMMISSIONER AS THE ENROLLMENT
REPORTING DATE FOR THE SCHOOL DISTRICT,  OR  (2)  TEN  THOUSAND  DOLLARS
($10,000).
  C. TIER TWO APPORTIONMENT. ANY TIER TWO ELIGIBLE SCHOOL DISTRICT SHALL
BE ELIGIBLE FOR AN APPORTIONMENT EQUAL TO THE GREATER OF (I) THE PRODUCT
OF  THE  GRANT  PER PUPIL MULTIPLIED BY THE STATE SHARING RATIO COMPUTED
PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION  MULTIPLIED
BY  THE DIFFERENCE OF THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS
COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION  ONE
OF THIS SECTION LESS THE DISTRICT'S ENROLLMENT IN THE TWO THOUSAND FOUR-
TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR IN SCHOOLS DESIGNATED AS STRUGGL-
ING  OR  PERSISTENTLY  STRUGGLING  PURSUANT  TO  PARAGRAPH (A) OR (B) OF
SUBDIVISION ONE OF SECTION TWO HUNDRED ELEVEN-F OF THIS CHAPTER  ON  THE
DATE  PRIOR  TO  NOVEMBER FIRST THAT IS SPECIFIED BY THE COMMISSIONER AS
THE ENROLLMENT REPORTING DATE FOR THE SCHOOL DISTRICT IF ANY, WHERE  (A)
THE  GRANT  PER  PUPIL SHALL BE EIGHTY-NINE DOLLARS AND THIRTY-TWO CENTS
($89.32) MULTIPLIED BY THE EXTRAORDINARY NEEDS INDEX  TRUNCATED  TO  TWO
DECIMALS, AND (B) THE EXTRAORDINARY NEEDS INDEX SHALL EQUAL THE QUOTIENT
TRUNCATED  TO  THREE  DECIMALS  ARRIVED AT BY DIVIDING THE EXTRAORDINARY
NEEDS PERCENT COMPUTED PURSUANT TO PARAGRAPH W  OF  SUBDIVISION  ONE  OF
THIS  SECTION  BY  THE  STATEWIDE AVERAGE EXTRAORDINARY NEEDS PERCENT OF

A. 9006--B                         16

FIFTY-FOUR AND EIGHT-TENTHS PERCENT (0.548) OR (II) TEN THOUSAND DOLLARS
($10,000).
  D.  SCHOOL  DISTRICTS  SHALL  USE AMOUNTS APPORTIONED PURSUANT TO THIS
SUBDIVISION TO SUPPORT  THE  TRANSFORMATION  OF  SCHOOL  BUILDINGS  INTO
COMMUNITY  SCHOOLS,  WHICH  ARE  COMMUNITY HUBS TO DELIVER CO-LOCATED OR
SCHOOL-LINKED ACADEMIC, HEALTH, MENTAL  HEALTH,  NUTRITION,  COUNSELING,
LEGAL  AND/OR  OTHER  SERVICES TO STUDENTS AND THEIR FAMILIES, INCLUDING
BUT NOT LIMITED TO PROVIDING A  COMMUNITY  SCHOOL  SITE  COORDINATOR  OR
RESOURCE COORDINATOR, IMPLEMENTING RESTORATIVE JUSTICE PROGRAMS, IMPROV-
ING  PARENT  ENGAGEMENT,  PROVIDING  EARLY CHILDHOOD EDUCATION PROGRAMS,
OFFERING PROFESSIONAL  DEVELOPMENT  SPECIFIC  TO  THE  UNIQUE  NEEDS  OF
STUDENTS  AND  THEIR FAMILIES ENROLLED IN A COMMUNITY SCHOOL, CONDUCTING
COMMUNITY WIDE NEEDS ASSESSMENTS, CREATING A STEERING COMMITTEE MADE  UP
OF  VARIOUS  SCHOOL  AND  COMMUNITY STAKEHOLDERS TO PROVIDE FEEDBACK AND
GUIDANCE OR TO  SUPPORT  OTHER  COSTS  INCURRED  TO  MAXIMIZE  STUDENTS'
ACADEMIC  ACHIEVEMENT.    THE  COMMISSIONER SHALL PROMULGATE REGULATIONS
THAT SET FORTH THE REQUIREMENTS FOR  USE  OF  SUCH  TIER  ONE  FUNDS  BY
DISTRICTS,  WHICH  SHALL  REQUIRE  THAT  SUCH  TIER ONE FUNDS BE USED TO
TRANSFORM STRUGGLING OR PERSISTENTLY STRUGGLING SCHOOLS LOCATED IN  SUCH
DISTRICTS AND SHALL REQUIRE A SCHOOL DISTRICT TO DEMONSTRATE SUBSTANTIAL
PARENT,  TEACHER,  AND COMMUNITY ENGAGEMENT IN THE PLANNING, IMPLEMENTA-
TION AND OPERATION OF A COMMUNITY SCHOOL.  THE COMMISSIONER  MAY  DETER-
MINE  THAT  A  PRE-EXISTING  COMMUNITY  SCHOOL'S  PROGRAM  SATISFIES THE
REQUIREMENTS OF THE COMMISSIONER'S REGULATIONS PROVIDED THAT HE  OR  SHE
MAY REQUIRE ANY NECESSARY MODIFICATIONS THERETO.
  S 9. Intentionally omitted.
  S  10.   The opening paragraph of section 3609-a of the education law,
as amended by section 6 of part A of chapter 56 of the laws of 2015,  is
amended to read as follows:
  For  aid  payable in the two thousand seven--two thousand eight school
year through the [two thousand fifteen--two thousand sixteen] TWO  THOU-
SAND  SIXTEEN--TWO  THOUSAND SEVENTEEN school year, "moneys apportioned"
shall mean the lesser of (i) the sum  of  one  hundred  percent  of  the
respective amount set forth for each school district as payable pursuant
to  this section in the school aid computer listing for the current year
produced by the commissioner in support of the budget which includes the
appropriation for  the  general  support  for  public  schools  for  the
prescribed payments and individualized payments due prior to April first
for  the  current year plus the apportionment payable during the current
school year pursuant to subdivision six-a  and  subdivision  fifteen  of
section  thirty-six  hundred  two  of  this part minus any reductions to
current year aids pursuant to subdivision seven  of  section  thirty-six
hundred  four  of  this part or any deduction from apportionment payable
pursuant to this chapter for  collection  of  a  school  district  basic
contribution  as  defined  in  subdivision  eight  of section forty-four
hundred one of this  chapter,  less  any  grants  provided  pursuant  to
subparagraph  two-a  of paragraph b of subdivision four of section nine-
ty-two-c of the state finance law, less any grants provided pursuant  to
subdivision  six  of section ninety-seven-nnnn of the state finance law,
less any grants provided pursuant to subdivision twelve of section thir-
ty-six hundred forty-one of this  article,  or  (ii)  the  apportionment
calculated  by  the  commissioner  based on data on file at the time the
payment is processed; provided however, that for  the  purposes  of  any
payments  made  pursuant to this section prior to the first business day
of June of the current year, moneys apportioned shall  not  include  any
aids  payable  pursuant to subdivisions six and fourteen, if applicable,

A. 9006--B                         17

of section thirty-six hundred two of this part as current year  aid  for
debt service on bond anticipation notes and/or bonds first issued in the
current  year  or  any  aids  payable  for full-day kindergarten for the
current  year pursuant to subdivision nine of section thirty-six hundred
two of this part. The definitions of "base year" and "current  year"  as
set  forth  in subdivision one of section thirty-six hundred two of this
part shall apply to this section. [For aid payable in the  two  thousand
fourteen--two  thousand  fifteen  school year, reference to such "school
aid computer listing for the current  year"  shall  mean  the  printouts
entitled  "SA141-5".  For  aid  payable in the two thousand fifteen--two
thousand sixteen school year, reference to  such  "school  aid  computer
listing  for  the  current  year"  shall  mean  the  printouts  entitled
"SA151-6".] FOR AID PAYABLE IN THE TWO  THOUSAND  SIXTEEN--TWO  THOUSAND
SEVENTEEN  SCHOOL  YEAR,  REFERENCE TO SUCH "SCHOOL AID COMPUTER LISTING
FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS FIRST  PRODUCED  PURSUANT
TO PARAGRAPHS B AND C OF SUBDIVISION TWENTY-ONE OF SECTION THREE HUNDRED
FIVE  OF THIS CHAPTER FOLLOWING THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND SIXTEEN WHICH AMENDED THIS PARAGRAPH.
  S 11. Intentionally omitted.
  S 11-a. Intentionally omitted.
  S 12. Intentionally omitted.
  S 13. Intentionally omitted.
  S 14. Clauses (i) and (ii) of subparagraph 1 of paragraph e of  subdi-
vision  1 of section 3602 of the education law, as amended by section 11
of part B of chapter 57 of the laws of 2007,  are  amended  to  read  as
follows:
  (i)  determine the number of pupils tested who scored below the state-
wide reference point as determined by  the  commissioner  on  each  test
administered  pursuant  to  this  subparagraph,  plus pupils, other than
pupils with disabilities  and  ENGLISH  LANGUAGE  LEARNER  pupils  [with
limited  English  proficiency]  as  defined  by the commissioner who are
exempt from taking  such  tests,  provided,  however,  that  a  district
employing  eight  or  more teachers in such years but not operating each
grade may use the percentage computed pursuant to this paragraph for the
district which in such years enrolled the greatest number of  pupils  in
such grade from such district;
  (ii)  divide  the sum of such numbers by the number of such pupils who
took each of such tests, plus pupils, other than pupils  with  disabili-
ties  and  ENGLISH  LANGUAGE LEARNER pupils [with limited English profi-
ciency] as defined by the commissioner who are exempt from  taking  such
tests, provided, however, that a district which in any of the applicable
school years did not maintain a home school or employed fewer than eight
teachers,  and  which  in the base year employed eight or more teachers,
may use the scores in a later test as designated by the commissioner for
the purposes of this paragraph;
  S 15. Paragraph o of subdivision 1 of section 3602  of  the  education
law,  as  amended  by  section 11 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
  o. "[Limited English proficient] ENGLISH LANGUAGE LEARNER count" shall
mean the number of pupils served in the base year in programs for pupils
with limited English proficiency approved by the  commissioner  pursuant
to  the  provisions  of  this chapter and in accordance with regulations
adopted for such purpose.
  S 16. Paragraph b of subdivision 2 of section 3602-d of the  education
law,  as added by chapter 792 of the laws of 1990, is amended to read as
follows:

A. 9006--B                         18

  (b) "Disadvantaged" shall mean  individuals  (other  than  handicapped
individuals) who have economic or academic disadvantages and who require
special  services  and  assistance in order to enable them to succeed in
work-prep programs. Such term includes individuals who are:  members  of
economically  disadvantaged families as set forth in regulations promul-
gated by the department pursuant to sections sixty-four  hundred  fifty-
one  and sixty-four hundred fifty-two of this chapter or as set forth in
the Federal Job Training Partnership Act of nineteen hundred  eighty-two
(PL  97-300)  (29  U.S.C.A.  S 1501 et seq.); migrants; [individuals who
have limited English proficiency] ENGLISH LANGUAGE LEARNERS;  and  indi-
viduals who are identified as potential dropouts from secondary school.
  S  17. Paragraph d of subdivision 4 of section 3602-f of the education
law, as added by section 83-a of part L of chapter 405 of  the  laws  of
1999, is amended to read as follows:
  d.  [Limited  English proficient] ENGLISH LANGUAGE LEARNER pupil count
as defined in paragraph o  of  subdivision  one  of  section  thirty-six
hundred two of this article.
  S  18.  Section  3604  of the education law is amended by adding a new
subdivision 13 to read as follows:
  13. FOR PURPOSES OF THIS CHAPTER,  "LIMITED  ENGLISH  PROFICIENT"  AND
"LIMITED ENGLISH PROFICIENCY" SHALL MEAN "ENGLISH LANGUAGE LEARNER".
  S  19. Clause (B) of subparagraph 2 of paragraph b of subdivision 6 of
section 3641 of the education law, as added by section 2 of  part  B  of
chapter 58 of the laws of 2011, is amended to read as follows:
  (B)  [students  with limited English proficiency and] students who are
English language learners;
  S 20. Intentionally omitted.
  S 21. Intentionally omitted.
  S 22. Intentionally omitted.
  S 23. Subdivision 16 of  section  3602-ee  of  the  education  law  is
REPEALED.
  S  24. Paragraph b of subdivision 6-c of section 3602 of the education
law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
follows:
  b.  For  projects  approved  by the commissioner authorized to receive
additional building aid pursuant to this subdivision for the purchase of
[stationary] metal detectors, security cameras or other security devices
approved by the commissioner that increase the safety  of  students  and
school  personnel,  provided  that  for  purposes of this paragraph such
other security devices shall be limited to electronic  security  systems
and  hardened  doors,  and  provided  that  for projects approved by the
commissioner on or after the first day of July two thousand thirteen and
before the first day of July [two thousand sixteen] TWO THOUSAND  SEVEN-
TEEN such additional aid shall equal the product of (i) the building aid
ratio  computed  for  use in the current year pursuant to paragraph c of
subdivision six of this section plus ten percentage points, except  that
in  no  case  shall this amount exceed one hundred percent, and (ii) the
actual approved expenditures incurred in the base year pursuant to  this
subdivision, provided that the limitations on cost allowances prescribed
by  paragraph  a of subdivision six of this section shall not apply, and
provided further that any projects aided under this  paragraph  must  be
included  in  a  district's  school  safety plan. The commissioner shall
annually prescribe a special cost allowance  for  metal  detectors,  and
security  cameras,  and  the approved expenditures shall not exceed such
cost allowance.

A. 9006--B                         19

  S 25. Section 2 of chapter 552 of the laws of 1995 amending the educa-
tion law relating to contracts for the transportation  of  school  chil-
dren,  as amended by chapter 116 of the laws of 2013, is amended to read
as follows:
  S  2.  This  act  shall  take  effect on the first day of January next
succeeding the date on which it shall have become a law and shall remain
in full force and effect until January 1, [2017] 2020,  when  upon  such
date the provisions of this act shall be deemed repealed.
  S  26.  Paragraph  b of subdivision 2 of section 3612 of the education
law, as amended by section 8 of part A of chapter  56  of  the  laws  of
2015, is amended to read as follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into  consideration  the  magnitude  of  any shortage of teachers in the
school district, the number of teachers employed in the school  district
who hold temporary licenses to teach in the public schools of the state,
the  number of provisionally certified teachers, the fiscal capacity and
geographic sparsity of the district, the  number  of  new  teachers  the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district,  if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section.  Notwithstand-
ing any other provision of law to the contrary, a city  school  district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of  such  grant  funds  for any recruitment, retention and certification
costs associated with transitional certification of  teacher  candidates
for  the  school  years  two thousand one--two thousand two through [two
thousand fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO  THOU-
SAND SEVENTEEN.
  S  27.  Subdivision 6 of section 4402 of the education law, as amended
by section 9 of part A of chapter 56 of the laws of 2015, is amended  to
read as follows:
  6.  Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with  a  population  of
one  hundred twenty-five thousand or more inhabitants shall be permitted
to establish  maximum  class  sizes  for  special  classes  for  certain
students  with  disabilities  in  accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to  low
student  attendance  in  special  education  classes  at  the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred  ninety-five--nine-
ty-six  through  June thirtieth, two thousand [sixteen] SEVENTEEN of the
[two thousand fifteen--two thousand sixteen] TWO  THOUSAND  SIXTEEN--TWO
THOUSAND SEVENTEEN school year, be authorized to increase class sizes in
special  classes  containing students with disabilities whose age ranges
are equivalent to those of students in middle and secondary  schools  as
defined  by  the  commissioner for purposes of this section by up to but
not to exceed one and two tenths times the applicable maximum class size
specified in regulations of the commissioner rounded up to  the  nearest
whole  number,  provided  that  in a city school district having a popu-
lation of one million or more, classes that have a maximum class size of
fifteen may be increased by no more than one student and  provided  that
the  projected average class size shall not exceed the maximum specified
in the applicable regulation, provided  that  such  authorization  shall

A. 9006--B                         20

terminate  on  June thirtieth, two thousand. Such authorization shall be
granted upon filing of a notice by such a board of  education  with  the
commissioner  stating the board's intention to increase such class sizes
and  a  certification  that the board will conduct a study of attendance
problems at the secondary level and will implement a  corrective  action
plan  to  increase the rate of attendance of students in such classes to
at least the rate for students attending regular  education  classes  in
secondary  schools of the district. Such corrective action plan shall be
submitted for approval by the commissioner by a date during  the  school
year  in  which such board increases class sizes as provided pursuant to
this subdivision to be prescribed by the  commissioner.  Upon  at  least
thirty  days  notice  to the board of education, after conclusion of the
school year in which such board increases class sizes as provided pursu-
ant to this subdivision, the commissioner shall be authorized to  termi-
nate  such  authorization  upon  a  finding that the board has failed to
develop or implement an approved corrective action plan.
  S 28.  Subdivision b of section 2 of chapter 756 of the laws of  1992,
relating  to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by  section
13  of  part  A of chapter 56 of the laws of 2015, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of  this section for the 2012--2013 school year shall not exceed 63.3
percent of the lesser of such  approvable  costs  per  contact  hour  or
twelve dollars and thirty-five cents per contact hour, reimbursement for
the  2013--2014  school year shall not exceed 62.3 percent of the lesser
of such approvable costs per contact hour or twelve dollars  and  sixty-
five  cents  per  contact  hour, reimbursement for the 2014--2015 school
year shall not exceed 61.6 percent of  the  lesser  of  such  approvable
costs  per  contact  hour  or  thirteen  dollars per contact hour, [and]
reimbursement for the 2015--2016  school  year  shall  not  exceed  60.7
percent of the lesser of such approvable costs per contact hour or thir-
teen dollars and forty cents per contact hour, AND REIMBURSEMENT FOR THE
2016--2017  SCHOOL  YEAR  SHALL NOT EXCEED 60.3 PERCENT OF THE LESSER OF
SUCH APPROVABLE COSTS PER CONTACT HOUR OR THIRTEEN DOLLARS NINETY  CENTS
PER  CONTACT  HOUR  where  a  contact  hour  represents sixty minutes of
instruction services provided to an eligible adult.  Notwithstanding any
other provision of law to the contrary, for the 2012--2013  school  year
such  contact  hours shall not exceed one million six hundred sixty-four
thousand five hundred thirty-two  (1,664,532)  hours;  whereas  for  the
2013--2014  school  year such contact hours shall not exceed one million
six hundred forty-nine  thousand  seven  hundred  forty-six  (1,649,746)
hours;  whereas  for the 2014--2015 school year such contact hours shall
not exceed one million  six  hundred  twenty-five  thousand  (1,625,000)
hours;  whereas  for the 2015--2016 school year such contact hours shall
not  exceed  one  million  five  hundred  ninety-nine  thousand  fifteen
(1,599,015)  HOURS;  WHEREAS FOR THE 2016--2017 SCHOOL YEAR SUCH CONTACT
HOURS SHALL NOT EXCEED ONE MILLION FIVE HUNDRED FIFTY-ONE THOUSAND THREE
HUNDRED TWELVE (1,551,312).  Notwithstanding any other provision of  law
to  the  contrary,  the  apportionment  calculated  for  the city school
district of the city of New York pursuant to subdivision 11  of  section
3602  of  the  education  law shall be computed as if such contact hours
provided by the consortium for  worker  education,  not  to  exceed  the
contact hours set forth herein, were eligible for aid in accordance with
the  provisions  of such subdivision 11 of section 3602 of the education
law.

A. 9006--B                         21

  S 29.  Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker  education  in New York city, is amended by adding a new subdivi-
sion u to read as follows:
  U.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2016--2017 SCHOOL  YEAR.  NOTWITHSTANDING
ANY  INCONSISTENT  PROVISIONS  OF LAW, THE COMMISSIONER SHALL WITHHOLD A
PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE  CITY  SCHOOL
DISTRICT  OF  THE  CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF
THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED  TO  THE
ELEMENTARY  AND  SECONDARY  EDUCATION  FUND LOCAL ASSISTANCE ACCOUNT AND
SHALL NOT EXCEED THIRTEEN MILLION DOLLARS.
  S 30. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
ing  a  program for work force education conducted by the consortium for
worker education in New York city, as amended by section 15 of part A of
chapter 56 of the laws of 2015, is amended to read as follows:
  S 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
repealed on June 30, [2016] 2017.
  S  31. Section 99-u of the state finance law, as added by section 2 of
part GG of chapter 59 of the laws of 2013, subdivision 2-a as  added  by
chapter 453 of the laws of 2015, is amended to read as follows:
  S  99-u. New York state teen health education fund. 1. There is hereby
established in the JOINT custody of the STATE  COMPTROLLER  AND  commis-
sioner  of  taxation and finance a special [account] FUND to be known as
the "New York state teen health education fund".
  2. Such fund shall consist of all revenues received by the  department
of  taxation  and  finance,  pursuant  to  the provisions of section six
hundred thirty-c of the tax law and all other moneys appropriated there-
to from any other fund or source pursuant to law. Nothing  contained  in
this  section  shall  prevent  the state from receiving grants, gifts or
bequests for the purposes of the fund as defined  in  this  section  and
depositing them into the fund according to law.
  2-a. On or before the first day of February each year, the commission-
er of [health] EDUCATION shall provide a written report to the temporary
president  of  the  senate, speaker of the assembly, chair of the senate
finance committee, chair of the assembly ways and means committee, chair
of the senate committee on health, chair of the assembly health  commit-
tee, the state comptroller and the public. Such report shall include how
the monies of the fund were utilized during the preceding calendar year,
and shall include:
  (i)  the amount of money dispersed from the fund and the award process
used for such disbursements;
  (ii) recipients of awards from the fund;
  (iii) the amount awarded to each;
  (iv) the purposes for which such awards were granted; and
  (v) a summary financial plan for such monies which shall include esti-
mates of all receipts and all disbursements for the current and succeed-
ing fiscal years, along with the actual results from  the  prior  fiscal
year.
  3. [The moneys in said account shall be retained by the fund and shall
be  released  by  the  commissioner  of  taxation  and finance only upon
certificates signed by the commissioner  of  education  or  his  or  her
designee  and  only  for the purposes set forth in this section.] MONEYS
SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF  THE  COMP-
TROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER OF EDUCA-
TION.

A. 9006--B                         22

  4.  The  moneys  in  such  fund  shall  be expended for the purpose of
supplementing educational programs in schools for health  and  awareness
of  issues  facing  teens  today when it comes to their health. Eligible
health programs are  those  with  an  established  curriculum  providing
instruction  on  alcohol,  tobacco  and other drug abuse prevention, the
causes and problems associated with teen obesity, and for  awareness  of
the symptoms of teen endometriosis.
  S 32. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating  to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by section 16 of part A of chapter 56 of the laws of 2015, is amended to
read as follows:
  1. Sections one through seventy of this act shall be  deemed  to  have
been  in  full  force  and effect as of April 1, 1994 provided, however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only  to  hearings  commenced  prior  to September 1, 1994, and provided
further that section twenty-six of this act shall expire and  be  deemed
repealed  on  March  31,  1997;  and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed  repealed  on  March
31,  1997; and provided further that sections three, fifteen, seventeen,
twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
deemed repealed on March 31, [2017] 2018.
  S  33. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and other laws relating to state aid
to school districts and the appropriation of funds for  the  support  of
government, as amended by section 17 of part A of chapter 56 of the laws
of 2015, are amended to read as follows:
  (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act  shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2016] 2017 at which time it shall be deemed repealed;
  (24)  sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on  and  after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred twenty-four of this act shall be deemed to be
repealed on and after July 1, [2016] 2017;
  S  34.  Section  12  of  chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment  of  school  district,
charter school or BOCES employees, as amended by section 19 of part A of
chapter 56 of the laws of 2015, is amended to read as follows:
  S  12.  This  act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2016] 2017 when
upon such date the provisions of this act shall be deemed repealed.
  S 35. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
education  law  relating  to  the  provision of supplemental educational
services, attendance at a safe  public  school  and  the  suspension  of
pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
amended by section 20 of part A of chapter 56 of the laws  of  2015,  is
amended to read as follows:
  S  4.  This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2016] 2017.

A. 9006--B                         23

  S 36. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
education law relating to the implementation of the No Child Left Behind
Act  of  2001,  as  amended by section 21 of part A of chapter 56 of the
laws of 2015, is amended to read as follows:
  S  5.  This  act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be  deemed  repealed  on
June 30, [2016] 2017.
  S 37. School bus driver training. In addition to apportionments other-
wise  provided  by section 3602 of the education law, for aid payable in
the 2016--2017 school year, the commissioner of education shall allocate
school bus driver training grants to  school  districts  and  boards  of
cooperative educational services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit  educational  organizations  for  the purposes of this section. Such
payments shall not exceed four hundred thousand dollars  ($400,000)  per
school year.
  S  38.  Special apportionment for salary expenses. a.  Notwithstanding
any other provision of law, upon  application  to  the  commissioner  of
education,  not  sooner  than  the first day of the second full business
week of June 2017 and not later than the last  day  of  the  third  full
business week of June 2017, a school district eligible for an apportion-
ment  pursuant to section 3602 of the education law shall be eligible to
receive an apportionment pursuant to this section, for the  school  year
ending  June  30, 2017, for salary expenses incurred between April 1 and
June 30, 2016 and such apportionment shall not exceed the sum of (i) the
deficit reduction assessment of 1990--1991 as determined by the  commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186  percent  of such amount for a city school district in a city with a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such amount for a city school district in a city with  a  population  of
more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census, plus  (iv)  the  net  gap  elimination
adjustment  for  2010--2011, as determined by the commissioner of educa-
tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
nation adjustment for 2011--2012 as determined by  the  commissioner  of
education  pursuant  to  subdivision 17 of section 3602 of the education
law, and provided further that such apportionment shall not exceed  such
salary  expenses.  Such  application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school

A. 9006--B                         24

district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be  deducted  from  the
following  payments  due  the  school  district  during  the school year
following the year in which application was made  pursuant  to  subpara-
graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's  payments  to  the
teachers'  retirement  system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such  subdivision  shall  be
deducted on a chronological basis starting with the earliest payment due
the district.
  S  39. Special apportionment for public pension accruals. a.  Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2017, a school district  eligi-
ble  for  an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this  section,
for  the  school  year ending June 30, 2017 and such apportionment shall
not exceed the  additional  accruals  required  to  be  made  by  school
districts  in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount  of  such  addi-
tional  accrual  shall  be certified to the commissioner of education by
the president of the board of education or the trustees or, in the  case
of  a  city  school  district  in  a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application  shall  be
made by a school district, after the board of education or trustees have
adopted  a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants,  with  the
approval of the mayor of such city.
  b.  The  claim  for  an  apportionment to be paid to a school district
pursuant to subdivision a of this section  shall  be  submitted  to  the
commissioner  of  education  on  a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that  the  form
has been submitted as prescribed. Such approved amounts shall be payable
on  the  same  day in September of the school year following the year in
which application was made as funds provided  pursuant  to  subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law,  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general fund to the extent that the amount paid  to  a  school  district
pursuant  to  this  section  exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the  school  year  following  the
year in which application was made.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be  deducted  from  the
following  payments  due  the  school  district  during  the school year
following the year in which application was made  pursuant  to  subpara-

A. 9006--B                         25

graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
graph, and any remainder to be deducted from the individualized payments
due  the  district  pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
  S 40. a. Notwithstanding any other law,  rule  or  regulation  to  the
contrary,  any moneys appropriated to the state education department may
be suballocated to other state departments or agencies,  as  needed,  to
accomplish the intent of the specific appropriations contained therein.
  b.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department from  the  general
fund/aid  to  localities,  local  assistance  account-001,  shall be for
payment of financial assistance, as  scheduled,  net  of  disallowances,
refunds, reimbursement and credits.
  c.  Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education  department  for  aid  to
localities shall be available for payment of aid heretofore or hereafter
to  accrue  and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
  d. Notwithstanding any other law, rule or regulation to the  contrary,
moneys  appropriated  to  the  state  education  department  for general
support for public schools may be interchanged with any  other  item  of
appropriation  for general support for public schools within the general
fund local assistance account office of  prekindergarten  through  grade
twelve education programs.
  S 41. Notwithstanding the provision of any law, rule, or regulation to
the  contrary,  the  city school district of the city of Rochester, upon
the consent of the board of  cooperative  educational  services  of  the
supervisory  district  serving  its  geographic region may purchase from
such board for the 2016--2017 school year,  as  a  non-component  school
district, services required by article 19 of the education law.
  S  42. The amounts specified in this section shall be a set aside from
the state funds which each such district is  receiving  from  the  total
foundation  aid:  for  the  purpose  of  the development, maintenance or
expansion of magnet schools or magnet school programs for the 2016--2017
school year. To the city school district of the city of New  York  there
shall  be  paid  forty-eight  million  one hundred seventy-five thousand
dollars ($48,175,000) including five hundred thousand dollars ($500,000)
for the Andrew Jackson High School; to the Buffalo city school district,
twenty-one million twenty-five thousand dollars  ($21,025,000);  to  the
Rochester  city  school district, fifteen million dollars ($15,000,000);
to  the  Syracuse  city  school  district,  thirteen   million   dollars
($13,000,000);  to  the Yonkers city school district, forty-nine million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district,  four  million  six  hundred   forty-five   thousand   dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred  seventy-five thousand dollars ($2,475,000); to the Mount Vernon
city school district, two  million  dollars  ($2,000,000);  to  the  New
Rochelle  city  school  district,  one million four hundred ten thousand
dollars ($1,410,000); to  the  Schenectady  city  school  district,  one
million eight hundred thousand dollars ($1,800,000); to the Port Chester

A. 9006--B                         26

city  school  district,  one  million one hundred fifty thousand dollars
($1,150,000); to the White Plains city  school  district,  nine  hundred
thousand  dollars ($900,000); to the Niagara Falls city school district,
six  hundred  thousand  dollars  ($600,000);  to  the Albany city school
district,  three   million   five   hundred   fifty   thousand   dollars
($3,550,000);  to  the  Utica  city school district, two million dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand dollars ($566,000); to the  Middletown  city  school  district,
four  hundred  thousand  dollars  ($400,000); to the Freeport union free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh  central  school  district,   three   hundred   thousand   dollars
($300,000);  to  the Amsterdam city school district, eight hundred thou-
sand dollars ($800,000); to the  Peekskill  city  school  district,  two
hundred  thousand  dollars  ($200,000);  and  to  the Hudson city school
district, four hundred thousand dollars ($400,000). Notwithstanding  the
provisions of this section, a school district receiving a grant pursuant
to  this  section may use such grant funds for: (i) any instructional or
instructional support costs associated with the operation  of  a  magnet
school; or (ii) any instructional or instructional support costs associ-
ated  with  implementation  of  an  alternative approach to reduction of
racial isolation and/or enhancement of  the  instructional  program  and
raising  of  standards  in  elementary  and  secondary schools of school
districts having substantial concentrations of  minority  students.  The
commissioner  of  education  shall  not be authorized to withhold magnet
grant funds from a school district that used such  funds  in  accordance
with  this section, notwithstanding any inconsistency with a request for
proposals issued by such commissioner. For  the  purpose  of  attendance
improvement  and  dropout prevention for the 2016--2017 school year, for
any city school district in a city having a population of more than  one
million, the set aside for attendance improvement and dropout prevention
shall  equal  the  amount set aside in the base year. For the 2016--2017
school year, it is further provided that any city school district  in  a
city  having  a  population  of  more than one million shall allocate at
least one-third of any increase from base year levels in funds set aside
pursuant to the requirements of this section to  community-based  organ-
izations.  Any  increase required pursuant to this section to community-
based organizations must be  in  addition  to  allocations  provided  to
community-based  organizations  in  the  base  year.  For the purpose of
teacher support for the 2016--2017  school  year:  to  the  city  school
district  of the city of New York, sixty-two million seven hundred seven
thousand dollars ($62,707,000); to the Buffalo city school district, one
million seven hundred forty-one thousand dollars  ($1,741,000);  to  the
Rochester city school district, one million seventy-six thousand dollars
($1,076,000);  to  the  Yonkers  city  school  district, one million one
hundred forty-seven thousand dollars ($1,147,000); and to  the  Syracuse
city  school  district,  eight hundred nine thousand dollars ($809,000).
All funds made available to a school district pursuant to  this  section
shall  be  distributed among teachers including prekindergarten teachers
and teachers of adult vocational and  academic  subjects  in  accordance
with  this  section  and  shall be in addition to salaries heretofore or
hereafter negotiated or made  available;  provided,  however,  that  all
funds distributed pursuant to this section for the current year shall be
deemed  to incorporate all funds distributed pursuant to former subdivi-
sion 27 of section 3602 of the education law for prior years.  In school
districts where the teachers are represented by certified or  recognized
employee  organizations,  all  salary  increases funded pursuant to this

A. 9006--B                         27

section  shall  be  determined  by  separate   collective   negotiations
conducted pursuant to the provisions and procedures of article 14 of the
civil  service law, notwithstanding the existence of a negotiated agree-
ment  between  a  school district and a certified or recognized employee
organization.
  S 43. Support of public libraries. The  moneys  appropriated  for  the
support  of  public  libraries by a chapter of the laws of 2016 enacting
the aid to localities budget shall  be  apportioned  for  the  2016-2017
state  fiscal  year  in  accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
provisions  of this chapter and the provisions of this section, provided
that library construction aid pursuant to section 273-a of the education
law shall not be payable from the  appropriations  for  the  support  of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total  system  or  program  aid  than it received for the year 2001-2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support  of  public  libraries.  Notwithstanding  any
other  provision  of law to the contrary the moneys appropriated for the
support of public libraries for the year 2016-2017 by a chapter  of  the
laws  of 2016 enacting the education, labor and family assistance budget
shall fulfill the state's obligation to provide such aid  and,  pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant  to  such  appropriations  shall  be reduced proportionately to
assure that the total amount of aid payable does not  exceed  the  total
appropriations for such purpose.
  S  44.   Subdivision a of section 5 of chapter 121 of the laws of 1996
relating to authorizing the Roosevelt  union  free  school  district  to
finance  deficits by the issuance of serial bonds, as amended by section
26-b of part A of chapter 56 of the laws of 2015, is amended to read  as
follows:
  a.  Notwithstanding  any  other provisions of law, upon application to
the commissioner of education submitted not sooner than April first  and
not  later than June thirtieth of the applicable school year, the Roose-
velt union free school district shall be eligible to receive  an  appor-
tionment pursuant to this chapter for salary expenses, including related
benefits, incurred between April first and June thirtieth of such school
year.   Such apportionment shall not exceed: for the 1996-97 school year
through  the  [2015-16]  2016-17  school  year,  four  million   dollars
($4,000,000);  for  the  [2016-17]  2017-18  school  year, three million
dollars ($3,000,000); for the [2017-18] 2018-19 school year, two million
dollars ($2,000,000); for the [2018-19] 2019-20 school year, one million
dollars ($1,000,000); and for the [2019-20] 2020-21  school  year,  zero
dollars.    Such  annual  application  shall  be made after the board of
education has adopted a resolution to do so with  the  approval  of  the
commissioner of education.
  S  45.   Paragraph a-1 of subdivision 11 of section 3602 of the educa-
tion law, as amended by section 15-a of part A of chapter 56 of the laws
of 2015, is amended to read as follows:
  a-1. Notwithstanding the provisions of paragraph a  of  this  subdivi-
sion, for aid payable in the school years two thousand--two thousand one
through  two  thousand nine--two thousand ten, and two thousand eleven--
two thousand twelve through two thousand [fifteen] SIXTEEN--two thousand
[sixteen] SEVENTEEN, the commissioner may set aside  an  amount  not  to
exceed  two  million five hundred thousand dollars from the funds appro-

A. 9006--B                         28

priated for purposes of this subdivision  for  the  purpose  of  serving
persons  twenty-one  years of age or older who have not been enrolled in
any school for the preceding school year,  including  persons  who  have
received  a  high  school diploma or high school equivalency diploma but
fail to demonstrate basic educational competencies as defined  in  regu-
lation  by  the  commissioner,  when  measured  by accepted standardized
tests, and who shall be eligible to attend employment preparation educa-
tion programs operated pursuant to this subdivision.
  S 46.  Paragraph a of subdivision 9 of section 3602 of  the  education
law,  as  amended  by  section  9 of part A of chapter 57 of the laws of
2013, is amended to read as follows:
  a. For aid payable in the [two thousand seven--two thousand eight] TWO
THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN  school  year  and  thereafter,
school  districts  which  provided any half-day kindergarten programs or
had no kindergarten programs in the nineteen  hundred  ninety-six--nine-
ty-seven  school  year and in the base year, and which have not received
an apportionment pursuant to this paragraph in any  prior  school  year,
shall be eligible for FIVE YEAR TRANSITION aid.
  I.  THE  AID  IN THE FIRST YEAR OF FULL DAY KINDERGARTEN TRANSITION IS
equal to the product of the district's selected  foundation  aid  calcu-
lated  pursuant  to  subdivision  four of this section multiplied by the
positive difference resulting when the full day kindergarten  enrollment
of  children  attending  programs  in  the  district in the base year is
subtracted from such enrollment in the current year. THE REMAINING TRAN-
SITION AID SHALL BE APPORTIONED AS FOLLOWS:
  II. AID IN YEAR TWO SHALL EQUAL EIGHTY PERCENT OF THE AID RECEIVED  BY
THE DISTRICT IN YEAR ONE.
  III.  AID IN YEAR THREE SHALL EQUAL SIXTY  PERCENT OF THE AID RECEIVED
BY THE DISTRICT IN YEAR ONE.
  IV. AID IN YEAR FOUR SHALL EQUAL FORTY PERCENT OF THE AID RECEIVED  BY
THE DISTRICT IN YEAR ONE.
  V.  AID IN YEAR FIVE SHALL EQUAL TWENTY PERCENT OF THE AID RECEIVED BY
THE DISTRICT IN YEAR ONE.
  S 47.  Section 3602 of the education law is amended by  adding  a  new
subdivision 6-h to read as follows:
  6-H. APPORTIONMENT OF BUILDING AID FOR ELIGIBLE PROJECTS IN STRUGGLING
AND  PERSISTENTLY  STRUGGLING SCHOOLS FOR THE PURPOSE OF CONVERTING SUCH
SCHOOLS TO COMMUNITY SCHOOLS. A. IN LIEU OF  THE  APPORTIONMENT  PAYABLE
PURSUANT  TO SUBDIVISION SIX OF THIS SECTION, THE COMMISSIONER IS HEREBY
AUTHORIZED TO APPORTION BUILDING AID TO A SCHOOL  DISTRICT  PURSUANT  TO
THIS SUBDIVISION IN THE AMOUNT EQUAL TO THE PRODUCT OF: (1) ITS APPROVED
EXPENDITURES  IN  THE  BASE YEAR FOR CAPITAL OUTLAYS FROM THE DISTRICT'S
GENERAL FUND, CAPITAL FUND OR RESERVED FUNDS THAT  ARE  INCURRED  ON  OR
AFTER JULY FIRST OF THE BASE YEAR, OR ITS CURRENT YEAR APPROVED EXPENDI-
TURES  FOR  DEBT  SERVICE  OR A LEASE, LEASE-PURCHASE OR OTHER AGREEMENT
RELATING TO AN EDUCATIONAL FACILITY  TO  THE  EXTENT  SUCH  EXPENDITURES
WOULD  HAVE BEEN AIDABLE IN THE CURRENT YEAR PURSUANT TO SUBDIVISION SIX
OF THIS SECTION OR ITS BASE YEAR APPROVED EXPENDITURES FOR A  LEASE-PUR-
CHASE  AGREEMENT TO THE EXTENT SUCH EXPENDITURES WOULD BE AIDABLE IN THE
BASE YEAR PURSUANT TO SUBDIVISION SIX  OF  THIS  SECTION,  AND  (2)  THE
DISTRICT'S  APPLICABLE  BUILDING  AID RATIO AS DEFINED PURSUANT TO PARA-
GRAPH C OF SUBDIVISION SIX  OF  THIS  SECTION  FOR  AN  ELIGIBLE  SCHOOL
CONSTRUCTION  PROJECT, AS DEFINED IN PARAGRAPH C OF THIS SUBDIVISION, IN
AN ELIGIBLE SCHOOL, AS DEFINED  IN  PARAGRAPH  B  OF  THIS  SUBDIVISION.
APPROVED EXPENDITURES FOR ELIGIBLE SCHOOL CONSTRUCTION PROJECTS THAT ARE

A. 9006--B                         29

ELIGIBLE  FOR AN APPORTIONMENT PURSUANT TO THIS SUBDIVISION SHALL NOT BE
ELIGIBLE FOR AID PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
  B. FOR PURPOSES OF THIS SUBDIVISION, AN "ELIGIBLE SCHOOL" SHALL MEAN A
SCHOOL  DESIGNATED  AS  A  STRUGGLING  OR PERSISTENTLY STRUGGLING SCHOOL
PURSUANT TO THE REGULATIONS OF THE COMMISSIONER, AS OF THE DATE  OF  THE
COMMISSIONER'S APPROVAL OF AN ELIGIBLE SCHOOL CONSTRUCTION PROJECT, THAT
IS  CONVERTING  TO  A  COMMUNITY SCHOOL PURSUANT TO SUBDIVISION SEVEN OF
SUCH SECTION TWO HUNDRED ELEVEN-F OF THIS CHAPTER.
  C. FOR PURPOSES OF THIS SUBDIVISION, AN "ELIGIBLE SCHOOL  CONSTRUCTION
PROJECT" SHALL MEAN ANY PROJECT FOR THE FINANCING, REFINANCING, ACQUISI-
TION,  DESIGN,  CONSTRUCTION, RECONSTRUCTION, REHABILITATION OR IMPROVE-
MENT OF AN ELIGIBLE SCHOOL FOR THE PURPOSES OF ESTABLISHING  SUSTAINABLE
COMMUNITY SCHOOLS THAT FOSTER COMMUNITY AND PARENT ENGAGEMENT.
  D.  AN  APPORTIONMENT PURSUANT TO THIS SUBDIVISION SHALL BE DETERMINED
PURSUANT TO SUBDIVISION SIX OF THIS SECTION, EXCEPT THAT THE COMMISSION-
ER SHALL ASSIGN SPECIAL RATING CAPACITIES FOR COMMUNITY SCHOOL  FACILITY
SPACES  IN AN ELIGIBLE SCHOOL, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO
HEALTH SUITES, ADULT EDUCATION SPACES, GUIDANCE SUITES, RESOURCE  ROOMS,
REMEDIAL  ROOMS  AND PARENT/COMMUNITY ROOMS, SHARED AND CLASSROOM SPACES
INCLUDING BUT NOT LIMITED  TO  CAREER  TECHNICAL  EDUCATION  CLASSROOMS,
AUDITORIUMS, CAFETERIAS, LARGE GROUP INSTRUCTION ROOMS AND GYMNASIUMS AS
DEFINED IN REGULATIONS OF THE COMMISSIONER; PROVIDED, HOWEVER, THAT COST
ALLOWANCES  FOR ELIGIBLE SCHOOL CONSTRUCTION PROJECTS UNDER THIS SECTION
SHALL BE THE LESSER OF ONE HUNDRED FIFTEEN PER CENTUM OF THE COST ALLOW-
ANCES FOR COMPARABLE INSTRUCTIONAL SPACE  DETERMINED  UNDER  SUBDIVISION
SIX  OF  THIS  SECTION OR THE ACTUAL COSTS RELATING TO THE CONSTRUCTION,
ACQUISITION, RECONSTRUCTION, REHABILITATION OR IMPROVEMENT OF  A  SCHOOL
BUILDING.
  S  48.   Paragraph b of subdivision 5 of section 1950 of the education
law, as amended by section 80-a of part A of chapter 58 of the  laws  of
2011, is amended to read as follows:
  b.  The  cost of services herein referred to shall be the amount allo-
cated to each component school district  by  the  board  of  cooperative
educational  services to defray expenses of such board, except that that
part of the salary paid any teacher, supervisor or other employee of the
board of cooperative educational services which is in excess  of  thirty
thousand  dollars,  AND FOR AID PAYABLE IN THE TWO THOUSAND SIXTEEN--TWO
THOUSAND SEVENTEEN SCHOOL YEAR AND THEREAFTER, IN EXCESS OF  THIRTY-FOUR
THOUSAND DOLLARS, shall not be such an approved expense, and except also
that  administrative  and clerical expenses shall not exceed ten percent
of the total expenses for  purposes  of  this  computation.  Any  gifts,
donations  or  interest  earned  by the board of cooperative educational
services or on behalf of the board of cooperative  educational  services
by  the dormitory authority or any other source shall not be deducted in
determining the cost of services  allocated  to  each  component  school
district.  Any payments made to a component school district by the board
of cooperative educational services pursuant to  subdivision  eleven  of
section  six-p  of the general municipal law attributable to an approved
cost of service computed pursuant to this subdivision shall be  deducted
from  the  cost of services allocated to such component school district.
The expense of transportation  provided  by  the  board  of  cooperative
educational services pursuant to paragraph q of subdivision four of this
section  shall  be  eligible for aid apportioned pursuant to subdivision
seven of section thirty-six hundred two of this chapter and no board  of
cooperative  educational  services  transportation  expense  shall be an
approved cost of services for the computation of aid under this subdivi-

A. 9006--B                         30

sion. Transportation expense pursuant to paragraph q of subdivision four
of this section shall be included in the computation of the ten  percent
limitation on administrative and clerical expenses.
  S  49.  Paragraph b of subdivision 10 of section 3602 of the education
law, as amended by section 16 of part B of chapter 57  of  the  laws  of
2007, is amended to read as follows:
  b.  Aid  for career education. There shall be apportioned to such city
school districts and other school districts which were not components of
a board of cooperative educational services in the base year for  pupils
in  grades ten through twelve in attendance in career education programs
as such programs are  defined  by  the  commissioner,  subject  for  the
purposes  of this paragraph to the approval of the director of the budg-
et, an amount for each such pupil to  be  computed  by  multiplying  the
career  education  aid  ratio by three thousand nine hundred dollars, OR
FOR AID PAYABLE IN THE  TWO  THOUSAND  SIXTEEN--TWO  THOUSAND  SEVENTEEN
SCHOOL  YEAR  AND  THEREAFTER,  BY  FOUR  THOUSAND  TWO  HUNDRED AND SIX
DOLLARS. Such aid will be payable for weighted pupils  attending  career
education  programs  operated  by  the  school district and for weighted
pupils for whom such school district contracts with  boards  of  cooper-
ative  educational services to attend career education programs operated
by a board of cooperative educational services. Weighted pupils for  the
purposes  of  this  paragraph  shall  mean  the sum of the attendance of
students in grades ten through twelve in career education  sequences  in
trade,  industrial,  technical, agricultural or health programs plus the
product of sixteen hundredths multiplied by the attendance  of  students
in  grades  ten through twelve in career education sequences in business
and marketing as defined by the commissioner in regulations. The  career
education  aid ratio shall be computed by subtracting from one the prod-
uct obtained by multiplying fifty-nine percent by  the  combined  wealth
ratio.  This  aid ratio shall be expressed as a decimal carried to three
places without rounding, but not less than thirty-six percent.
  Any school district that receives aid pursuant to this paragraph shall
be required to use such amount to support career education  programs  in
the current year.
  A board of education which spends less than its local funds as defined
by regulations of the commissioner for career education in the base year
during the current year shall have its apportionment under this subdivi-
sion  reduced  in an amount equal to such deficiency in the current or a
succeeding school year, provided however that the commissioner may waive
such reduction upon determination that overall expenditures per pupil in
support of career education programs were continued at a level equal  to
or  greater than the level of such overall expenditures per pupil in the
preceding school year.
  S 50. Subdivision 10 of section 3602 of the education law  is  amended
by adding a new paragraph e to read as follows:
  E.  BEGINNING  IN  THE  TWO  THOUSAND  SIXTEEN--TWO THOUSAND SEVENTEEN
SCHOOL YEAR THE COMMISSIONER SHALL COLLECT DATA  FROM  SCHOOL  DISTRICTS
RECEIVING  AID  UNDER  THIS SUBDIVISION ON THE NUMBER OF STUDENTS IN THE
BASE YEAR THAT ARE IN GRADE NINE AND IN CAREER  EDUCATION  SEQUENCES  IN
TRADE, INDUSTRIAL, TECHNICAL, AGRICULTURAL OR HEALTH PROGRAMS AS WELL AS
STUDENTS  IN  GRADE  NINE  IN CAREER EDUCATION SEQUENCES IN BUSINESS AND
MARKETING AS DEFINED BY THE COMMISSIONER.
  S 51. The commissioner of education is hereby authorized and  directed
to examine the number of eligible students in the federal and state free
and  reduced  price  lunch  program that are used to calculate aid under
section 3602 of the education law for districts that  are  participating

A. 9006--B                         31

in  the community eligibility program authorized by the Healthy, Hunger-
Free Kids Act of 2010 and prepare a report of recommendations that would
ensure a more accurate representation of this population for use in such
education  aid  formulae. In developing such recommendations the commis-
sioner shall consult with  impacted  districts,  including  city  school
districts of cities with one hundred twenty-five thousand inhabitants or
more.  The  report shall be submitted to the Director of the Budget, the
Chairs of the Senate Finance Committee,  the  Assembly  Ways  and  Means
Committee,  the  Senate  Education Committee, and the Assembly Education
Committee on or before October 1, 2016.
  S 52.  Subparagraph (i) of paragraph (c) of subdivision 1  of  section
211-f  of  the education law, as added by section 1 of subpart H of part
EE of chapter 56 of the laws of 2015, is amended to read as follows:
  (i) For schools designated as persistently failing pursuant  to  para-
graph  (b)  of  this  subdivision,  the local district shall continue to
operate the school [for an additional school year] UNTIL THE  DEPARTMENT
COMPLETES ITS PERFORMANCE REVIEW provided that there is a department-ap-
proved  intervention model or comprehensive education plan in place that
includes rigorous performance  metrics  and  goals,  including  but  not
limited to measures of student academic achievement and outcomes includ-
ing  those set forth in subdivision six of this section. Notwithstanding
any other provision of law, rule or  regulation  to  the  contrary,  the
superintendent  shall  be  vested  with all powers granted to a receiver
appointed pursuant to this  section  for  such  time  period;  provided,
however  that  such  superintendent shall not be allowed to override any
decision of the board of education with respect to his or her employment
status. [At the end of such year,] UPON CONCLUSION OF  ONE  FULL  SCHOOL
YEAR  AFTER  SUCH SCHOOL WAS PROVIDED FUNDING PURSUANT TO A PERSISTENTLY
FAILING SCHOOL TRANSFORMATION GRANT,  the  department  shall  conduct  a
performance review in consultation and cooperation with the district and
school  staff  to  determine,  based  on  the performance metrics in the
school's model or plan, whether  (1)  the  designation  of  persistently
failing  should be removed; (2) the school should remain under continued
school district operation with the superintendent vested with the powers
of a receiver; or (3) the school should  be  placed  into  receivership;
provided,  however,  that  a  school that makes demonstrable improvement
based on the performance metrics and goals  herein  shall  remain  under
district  operation  for  an  additional  school year and if such school
remains under district operation, it shall continue  to  be  subject  to
annual  review  by  the department, in consultation and cooperation with
the district, under the same terms and conditions.
  S 53. Clause (c) of subparagraph 5 of paragraph e of subdivision 6  of
section  3602  of the education law, as amended by section 7-a of part A
of chapter 56 of the laws of 2015, is amended to read as follows:
  (c) At the end of each ten year segment  of  an  assumed  amortization
established  pursuant to subparagraphs two, three and four of this para-
graph, or in the [two  thousand  sixteen--two  thousand  seventeen]  TWO
THOUSAND  SEVENTEEN--TWO  THOUSAND  EIGHTEEN  school year in the case of
assumed amortizations whose ten year segment ends prior to  such  school
year,  the  commissioner shall revise the remaining scheduled semiannual
payments of the outstanding principal and interest of such assumed amor-
tization, other than the outstanding principal and interest of refunding
bonds where the district can demonstrate to the commissioner that it  is
precluded  by  state or federal law, rule or regulation from refinancing
such outstanding principal and interest, based  on  the  interest  rates
applicable  for  the current year if the difference of the interest rate

A. 9006--B                         32

upon which the existing assumed amortization is based minus such  inter-
est rate applicable for the current year is equal to or greater than one
quarter  of  one-one hundredth. Provided however, in the case of assumed
amortization  whose  ten  year  segment ended prior to the [two thousand
sixteen--two thousand seventeen] TWO  THOUSAND  SEVENTEEN--TWO  THOUSAND
EIGHTEEN  school  year  the  next  ten  year  segment shall be deemed to
commence with the [two thousand  sixteen--two  thousand  seventeen]  TWO
THOUSAND  SEVENTEEN--TWO  THOUSAND  EIGHTEEN school year. The department
shall notify school districts of projects subject to the  provisions  of
this  clause  by  no later than December first next preceding the school
year in which the assumed amortization is scheduled to be revised pursu-
ant to this clause.
  S 54. Subdivision 4 of section 3627 of the education law,  as  amended
by  section 1 of part C of chapter 60 of the laws of 2015, is amended to
read as follows:
  4. Notwithstanding any other provision of law  to  the  contrary,  any
expenditures for transportation provided pursuant to this section in the
two  thousand  thirteen--two  thousand  fourteen [and two thousand four-
teen--two thousand fifteen] school year  and  thereafter  and  otherwise
eligible for transportation aid pursuant to subdivision seven of section
thirty-six  hundred  two  of  this  article shall be considered approved
transportation  expenses  eligible  for  transportation  aid,   provided
further that for the two thousand thirteen--two thousand fourteen school
year  such  aid  shall  be limited to eight million one hundred thousand
dollars and for the two thousand fourteen--two thousand  fifteen  school
year  and  thereafter  such  aid  shall  be limited to THE SUM OF twelve
million six hundred thousand dollars PLUS THE BASE AMOUNT  AND  FOR  THE
TWO  THOUSAND  FIFTEEN--TWO  THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER
SUCH AID SHALL BE LIMITED TO THE SUM OF  FOURTEEN  MILLION  SIX  HUNDRED
THOUSAND DOLLARS PLUS THE BASE AMOUNT. FOR PURPOSES OF THIS SUBDIVISION,
"BASE  AMOUNT" MEANS THE AMOUNT OF TRANSPORTATION AID PAID TO THE SCHOOL
DISTRICT FOR EXPENDITURES INCURRED IN THE TWO THOUSAND TWELVE--TWO THOU-
SAND THIRTEEN SCHOOL YEAR FOR TRANSPORTATION THAT WOULD HAVE BEEN ELIGI-
BLE FOR AID PURSUANT TO THIS SECTION HAD THIS SECTION BEEN IN EFFECT  IN
SUCH  SCHOOL  YEAR, EXCEPT THAT SUBDIVISION SIX OF THIS SECTION SHALL BE
DEEMED NOT TO HAVE BEEN IN EFFECT.   And  provided  further  that  [such
expenditures  eligible  for  aid under this section shall supplement not
supplant local expenditures for such transportation in the two  thousand
twelve--two  thousand  thirteen  school  year] THE SCHOOL DISTRICT SHALL
CONTINUE TO ANNUALLY EXPEND FOR THE TRANSPORTATION DESCRIBED IN SUBDIVI-
SION ONE OF THIS SECTION AT LEAST THE EXPENDITURES  USED  FOR  THE  BASE
AMOUNT.
  S  55.  Tuition rates approved for the two thousand sixteen--two thou-
sand seventeen school year for special services or programs provided  to
school-age students by special act school districts and approved private
residential  or  non-residential  schools  for the education of students
with disabilities that are located within the state shall provide for an
increase of at least two percent in reimbursable costs.
  S 56. Subdivision 11 of section 3012-d of the education law, as  added
by  section 2 of subpart E of part EE of chapter 56 of the laws of 2015,
is amended to read as follows:
  11. [Notwithstanding any inconsistent  provision  of  law,  no  school
district  shall  be eligible for an apportionment of general support for
public schools from the funds appropriated  for  the  2015--2016  school
year and any year thereafter in excess of the amount apportioned to such
school  district in the respective base year unless such school district

A. 9006--B                         33

has] SCHOOL DISTRICTS SHALL HAVE submitted documentation that  has  been
approved  by  the  commissioner  by  November  fifteenth,  two  thousand
fifteen, or by September first of each  subsequent  year,  demonstrating
that  it has fully implemented the standards and procedures for conduct-
ing annual teacher and principal evaluations of teachers and  principals
in  accordance with the requirements of this section and the regulations
issued by the commissioner. [Provided  further  that  any  apportionment
withheld  pursuant  to this section shall not occur prior to April first
of the current year and shall not have  any  effect  on  the  base  year
calculation  for use in the subsequent school year. For purposes of this
section, "base year" shall mean the base year as defined in paragraph  b
of  subdivision  one  of section thirty-six hundred two of this chapter,
and "current year" shall mean the current year as defined in paragraph a
of subdivision one of section thirty-six hundred two of this chapter.]
  S 57. The education law is amended by adding a new article 2-A to read
as follows:
                               ARTICLE 2-A
       COUNCIL TO IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR
SECTION 19. COUNCIL TO IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR.
        20. UTILIZATION OF OTHER AGENCY ASSISTANCE.
        21. POWERS AND DUTIES OF COUNCIL.
        22. COORDINATED SERVICES TO IMPROVE THE OUTCOMES  FOR  BOYS  AND
               YOUNG MEN OF COLOR.
        23. RULES AND REGULATIONS.
  S 19. COUNCIL TO IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR.  1.
THERE  IS  HEREBY CREATED AND ESTABLISHED IN THE DEPARTMENT A COUNCIL TO
BE KNOWN AS THE COUNCIL TO IMPROVE OUTCOMES FOR BOYS AND  YOUNG  MEN  OF
COLOR  WHICH  SHALL SERVE THE BOARD OF REGENTS AND MEMBER AGENCIES IN AN
ADVISORY CAPACITY. SUCH COUNCIL SHALL CONSIST  OF  THE  COMMISSIONER  OF
EDUCATION  OR  HIS  OR  HER  DESIGNEE, THE COMMISSIONER OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES OR HIS OR HER DESIGNEE, THE COMMISSIONER OF
MENTAL HEALTH OR HIS OR HER DESIGNEE, THE COMMISSIONER OF  DEVELOPMENTAL
DISABILITIES  OR  HIS  OR  HER  DESIGNEE,  THE DIRECTOR OF THE OFFICE OF
PROBATION AND CORRECTIONAL ALTERNATIVES OR  HIS  OR  HER  DESIGNEE,  THE
COMMISSIONER OF SOCIAL SERVICES OR HIS OR HER DESIGNEE, THE COMMISSIONER
OF  HEALTH  OR  HIS OR HER DESIGNEE, THE COMMISSIONER OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES OR HIS OR HER DESIGNEE, AND ELEVEN MEMBERS  TO
BE  APPOINTED BY THE COMMISSIONER OF EDUCATION IN ACCORDANCE WITH SUBDI-
VISION TWO OF THIS SECTION. THE COMMISSIONER OF EDUCATION OR HIS OR  HER
DESIGNEE, SHALL BE THE CHAIR OF THE COUNCIL.
  2.  IN  ADDITION  TO  THE  MEMBERS IN SUBDIVISION ONE OF THIS SECTION,
THERE SHALL BE ELEVEN MEMBERS APPOINTED BY THE  COMMISSIONER  OF  EDUCA-
TION,  OF WHOM TWO MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF
THE GOVERNOR, TWO MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION  OF
THE  TEMPORARY  PRESIDENT  OF THE SENATE, TWO MEMBERS SHALL BE APPOINTED
UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY AND THREE OF  THE
REMAINING  MEMBERS SHALL BE CERTIFIED TEACHERS, SCHOOL ADMINISTRATORS OR
SCHOOL SUPPORT STAFF FROM SCHOOLS  DESIGNATED  BY  THE  COMMISSIONER  AS
STRUGGLING   OR   PERSISTENTLY   STRUGGLING   DURING  THE  TWO  THOUSAND
FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR PURSUANT TO THE COMMISSIONER'S
REGULATIONS OR SCHOOLS  IDENTIFIED  AS  PERSISTENTLY  DANGEROUS  SCHOOLS
ACCORDING  TO  THE  MOST  CURRENT  DESIGNATION OF THE COMMISSIONER AS OF
FEBRUARY FIRST, TWO THOUSAND SIXTEEN. ALL MEMBERS APPOINTED PURSUANT  TO
THIS SUBDIVISION SHALL HAVE DEMONSTRATED EXPERIENCE WITH OR EXPERTISE IN
ONE  OR  MORE OF THE FOLLOWING AREAS: YOUTH DEVELOPMENT, EDUCATION, LAW,
PREVENTION AND INTERVENTION SERVICES, SOCIOLOGY, STRUCTURAL AND INSTITU-

A. 9006--B                         34

TIONAL RACISM, COMPREHENSIVE  AND  COORDINATED  SERVICES,  SOCIAL  WORK,
PUBLIC  POLICY,  ENGAGING  FAMILIES  AND  COMMUNITIES,  STATISTICS,  AND
HEALTH.
  3.  THE CHAIR OF THE COUNCIL SHALL DESIGNATE STAFF FROM THE DEPARTMENT
OR HIRE ADDITIONAL STAFF TO ASSIST IN CARRYING OUT THE FUNCTIONS OF  THE
COUNCIL.
  4. THE COUNCIL MAY CONDUCT ITS MEETINGS AND, BY AND THROUGH THE CHAIR,
PERFORM  ITS  POWERS AND DUTIES NOTWITHSTANDING THE ABSENCE OF A QUORUM;
PROVIDED, HOWEVER THAT NO ACTION MAY BE TAKEN BY THE COUNCIL WITHOUT THE
CONCURRENCE OF THE CHAIR.
  5. THE COUNCIL SHALL ADOPT BY-LAWS TO GOVERN ITS PROCEEDINGS.
  6. THE COUNCIL SHALL BE ALLOCATED THE  SUM  OF  ONE  HUNDRED  THOUSAND
DOLLARS  FROM  THE  TWO  THOUSAND  SIXTEEN--TWO THOUSAND SEVENTEEN STATE
BUDGET TO COMPLETE THE DUTIES REQUIRED  PURSUANT  TO  PARAGRAPH  (E)  OF
SUBDIVISION  TWO  OF SECTION TWENTY-ONE OF THIS ARTICLE.  THE MEMBERS OF
THE COUNCIL SHALL  SERVE  WITHOUT  SALARY,  BUT  SHALL  BE  ENTITLED  TO
REIMBURSEMENT  FOR  HIS OR HER ACTUAL AND NECESSARY EXPENSES INCURRED IN
THE PERFORMANCE OF HIS OR HER OFFICIAL DUTIES PURSUANT TO THIS SECTION.
  S 20. UTILIZATION  OF  OTHER  AGENCY  ASSISTANCE.  TO  EFFECTUATE  THE
PURPOSES  OF  THIS  ARTICLE,  ANY  DEPARTMENT,  DIVISION, BOARD, BUREAU,
COMMISSION OR AGENCY OF THE STATE OR OF ANY POLITICAL SUBDIVISION THERE-
OF SHALL, AT THE REQUEST OF THE  CHAIR,  PROVIDE  TO  THE  COUNCIL  SUCH
FACILITIES,  ASSISTANCE  AND DATA AS WILL ENABLE THE COUNCIL TO PROPERLY
CARRY OUT ITS POWERS AND DUTIES AND THOSE OF THE CHAIR.
  S 21. POWERS AND DUTIES OF COUNCIL. 1. AS USED IN  THIS  ARTICLE,  THE
TERMS  "PROGRAMS"  AND  "SERVICE  PROGRAMS" SHALL MEAN AND INCLUDE CARE,
MAINTENANCE  SERVICES  AND  PROGRAMS  TO  IMPROVE  EDUCATIONAL  OUTCOMES
PROVIDED  TO BOYS AND YOUNG MEN OF COLOR OF THE STATE AND THEIR FAMILIES
BY OR UNDER THE JURISDICTION OF A MEMBER AGENCY. THE TERM "MEMBER  AGEN-
CY" SHALL MEAN AN AGENCY HEADED BY A MEMBER OF THE COUNCIL.
  2. THE COUNCIL SHALL HAVE THE FOLLOWING DUTIES AND POWERS:
  (A) TO IDENTIFY PROBLEMS AND DEFICIENCIES IN SERVICE PROGRAMS AND MAKE
RECOMMENDATIONS  TO THE BOARD OF REGENTS FOR THE REMEDY OF SUCH PROBLEMS
AND DEFICIENCIES ON OR BEFORE JANUARY FIFTEENTH, TWO THOUSAND  SEVENTEEN
AND  ANNUALLY  THEREAFTER RELATING TO THE IMPROVEMENT OF THE EDUCATIONAL
OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR;
  (B) TO MAKE RECOMMENDATIONS TO IMPROVE COORDINATION  OF  PROGRAMS  AND
FISCAL  RESOURCES  OF  STATE,  LOCAL,  PUBLIC  AND VOLUNTARY SERVICES TO
IMPROVE THE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR; AND TO  COORDINATE
PROGRAM  AND  MANAGEMENT  RESEARCH OF MEMBER AGENCIES FOR THE PURPOSE OF
MONITORING, EVALUATING OR REDIRECTING EXISTING CARE AND SERVICE PROGRAMS
OR DEVELOPING NEW PROGRAMS, AND TO CONDUCT,  SPONSOR,  OR  REQUEST  THAT
MEMBER AGENCIES UNDERTAKE SUCH RESEARCH OR OTHER ACTIVITIES;
  (C)  TO  DEVELOP  AND  MONITOR  CURRENT  AND FUTURE PARTNERSHIPS AMONG
SCHOOLS, COMMUNITY-BASED ORGANIZATIONS AND BUSINESSES TO ADDRESS  IMPOR-
TANT HEALTH AND EDUCATIONAL OUTCOMES OF STUDENTS ACROSS THE CONTINUUM OF
PRE-KINDERGARTEN THROUGH COLLEGE;
  (D) TO FOCUS ON SCHOOLS AND DISTRICTS WITH THE GREATEST INEQUITIES AND
HIGHEST POPULATION OF BOYS AND YOUNG MEN OF COLOR;
  (E)  TO  REVIEW  AND  ANALYZE  STATE  DATA  AND IDENTIFY CRITICAL DATA
ELEMENTS THE DEPARTMENT NEEDS TO COLLECT TO ASSESS  AND  ADDRESS  ISSUES
RELATED  TO THE IMPACT OF RACIAL DISPARITIES IN SERVICE DELIVERY; AND TO
PRESENT A WRITTEN REPORT ON SUCH FINDINGS AND RECOMMENDED ACTIONS TO THE
BOARD OF REGENTS ON OR BEFORE JANUARY FIFTEENTH, TWO THOUSAND SEVENTEEN;
  (F) TO REVIEW DIFFERENCES, IF ANY, CONCERNING RULES AND REGULATIONS OF
EACH MEMBER AGENCY INSOFAR AS  SUCH  RULES  AND  REGULATIONS  IMPACT  ON

A. 9006--B                         35

SERVICES  OR  PROGRAMS  PROVIDED  BY  OTHER  MEMBER AGENCIES AND TO MAKE
RECOMMENDATIONS TO THE BOARD OF REGENTS AND MEMBER AGENCIES AS TO  THEIR
RESOLUTION;
  (G)  TO  REVIEW  STATE  AND  LOCALLY  OPERATED  OR  SUPPORTED  SERVICE
PROGRAMS' PLANS AND PROPOSALS FOR NEW SERVICES TO IMPROVE  THE  OUTCOMES
FOR  BOYS  AND YOUNG MEN OF COLOR AND MAKE RECOMMENDATIONS AS TO WHETHER
SUCH SERVICES ARE PLANNED,  CREATED  AND  DELIVERED  IN  A  COORDINATED,
EFFECTIVE AND COMPREHENSIVE MANNER;
  (H) TO RECOMMEND TO THE COMMISSIONER THE ACCEPTANCE AND EXPENDITURE OF
ANY GRANTS, AWARDS, OR OTHER FUNDS OR APPROPRIATIONS AS MAY BE AVAILABLE
TO THE COUNCIL TO EFFECTUATE THE PURPOSES OF THIS ARTICLE;
  (I)  TO  PERFORM  ANY  POWERS  OR  DUTIES AS DEEMED APPROPRIATE BY THE
COMMISSIONER TO IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR; AND
  (J) TO VALIDATE AND AWARD THE WORK OF SCHOOLS THAT SUCCESSFULLY  SERVE
DISENGAGED,   OVER-AGE  AND  UNDER-CREDITED  STUDENTS  WITH  APPROPRIATE
METRICS FOR MONITORING AND EVALUATING THEIR PROGRESS.
  2-A. (A) AS PART OF ITS  JANUARY  FIFTEENTH,  TWO  THOUSAND  SEVENTEEN
REPORT,  THE  COUNCIL SHALL STUDY AND MAKE RECOMMENDATIONS REGARDING THE
POTENTIAL LINKS BETWEEN SCHOOL DISCIPLINE, POOR ACADEMIC  OUTCOMES,  AND
INVOLVEMENT  OF  STUDENTS  IN THE CRIMINAL AND JUVENILE JUSTICE SYSTEMS.
SUCH STUDY AND RECOMMENDATIONS  SHALL  INCLUDE  EFFORTS  AND  STRATEGIES
RELATED TO:
  (I)  PRACTICES WHICH LEAD TO DISPROPORTIONATELY HIGH RATES OF BOYS AND
YOUNG MEN OF COLOR EXPERIENCING SUSPENSIONS, SUMMONSES AND ARRESTS;
  (II) RESTORATIVE JUSTICE PRACTICES DESIGNED TO  HAVE  A  YOUNG  PERSON
CONFRONT  THE  IMPACT  OF  MISCONDUCT  AND TAKE POSITIVE ACTIONS TO MAKE
RECOMPENSE TO THE COMMUNITY; AND
  (III) POSITIVE BEHAVIORAL INTERVENTIONS AND SUPPORTS, SUCH AS  SCHOOL-
WIDE, EVIDENCE-BASED APPROACHES TO ADDRESSING MISBEHAVIOR.
  (B) AS PART OF ITS STUDY AND RECOMMENDATIONS PURSUANT TO THIS SUBDIVI-
SION, THE COUNCIL SHALL HOLD PUBLIC MEETINGS AND OFFER OPPORTUNITIES FOR
MEMBERS OF THE PUBLIC TO COMMENT ON STRATEGIES AND SOLUTIONS.
  3.  THE  COUNCIL  SHALL  REVIEW THE BUDGET REQUESTS OF MEMBER AGENCIES
INSOFAR AS SUCH BUDGETS JOINTLY AFFECT  SERVICE  PROGRAMS  TO  BOYS  AND
YOUNG MEN OF COLOR AND THEIR FAMILIES AND SHALL MAKE COMMENTS AND RECOM-
MENDATIONS THEREON TO THE RELEVANT MEMBER AGENCIES AND THE GOVERNOR.
  4. THE COUNCIL SHALL MEET ON A REGULAR BASIS TO IMPLEMENT THE PURPOSES
OF THIS ARTICLE AND SHALL MEET AT LEAST FOUR TIMES A YEAR.
  S  22. COORDINATED SERVICES TO IMPROVE THE OUTCOMES FOR BOYS AND YOUNG
MEN OF COLOR.  1. THE ABSENCE OF COORDINATED SERVICES OFTEN  RESULTS  IN
BOYS  AND  YOUNG MEN OF COLOR GRADUATING AT LOWER RATES, DROPPING OUT AT
HIGHER RATES, PARTICIPATING  IN  FEWER  ADVANCE  PLACEMENT  COURSES  AND
PREPARATORY TESTS AND BEING SUSPENDED FROM SCHOOL AT DRAMATICALLY HIGHER
RATES THAN THEIR PEERS. ESTABLISHING THE COORDINATED SERVICES INITIATIVE
STATEWIDE  IS INTENDED TO IMPROVE THE MANNER IN WHICH SERVICES OF MULTI-
PLE SYSTEMS ARE DELIVERED AND TO ELIMINATE  BARRIERS  TO  A  COORDINATED
SYSTEM  OF  SERVICES. THE PURPOSE OF THIS SECTION IS TO WORK TOWARDS AND
PROVIDE RECOMMENDATIONS TO ESTABLISH A COORDINATED  SYSTEM  OF  SERVICES
FOR  BOYS AND YOUNG MEN OF COLOR TO IMPROVE THEIR HEALTH, MENTAL HEALTH,
EMPLOYMENT, SOCIAL AND  EDUCATIONAL  OUTCOMES  THROUGH  ASSISTANCE  FROM
MULTIPLE  AGENCY  SYSTEMS. SUCH SYSTEM OF SERVICES SHALL PROVIDE FOR THE
EFFECTIVE COLLABORATION AMONG STATE AND LOCAL EDUCATION, HEALTH,  MENTAL
HYGIENE,  JUVENILE  JUSTICE, PROBATION AND OTHER HUMAN SERVICES AGENCIES
DIRECTED AT IMPROVING OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR AND THEIR
FAMILIES LEADING TO FULL PARTICIPATION IN THEIR COMMUNITIES AND SCHOOLS.

A. 9006--B                         36

  2. THE COUNCIL MAY WORK WITH MEMBER AGENCIES TO ESTABLISH AND MAINTAIN
A COORDINATED SYSTEM OF SERVICES FOR BOYS AND  YOUNG  MEN  OF  COLOR  TO
IMPROVE THEIR HEALTH AND EDUCATIONAL OUTCOMES.
  S  23.  RULES  AND REGULATIONS. THE COMMISSIONER, IN CONSULTATION WITH
THE COUNCIL, IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
  S 58. Section 3641 of the education law is amended  by  adding  a  new
subdivision 17 to read as follows:
  17.  AID  FOR FAMILY AND COMMUNITY ENGAGEMENT STRATEGIES. A.  PURPOSE.
THE PURPOSE OF THIS SUBDIVISION IS TO SUPPORT TARGETED PROGRAMMING  THAT
CAN  FACILITATE  AND SUPPORT ACTIVE, RESEARCH-BASED FAMILY AND COMMUNITY
ENGAGEMENT STRATEGIES CONSISTENT WITH THE GOALS OF THE BOARD OF REGENT'S
WORKGROUP TO IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR.
  B. WITHIN THE AMOUNT APPROPRIATED FOR SUCH PURPOSE,  SCHOOL  DISTRICTS
SHALL  BE  ELIGIBLE  FOR  AN APPORTIONMENT OR APPORTIONMENTS PURSUANT TO
THIS SUBDIVISION FOR ELIGIBLE FAMILY AND COMMUNITY ENGAGEMENT  PROGRAMS.
THE PAYMENT OF SUCH APPORTIONMENT OR APPORTIONMENTS SHALL BE MADE IN THE
MANNER PROVIDED FOR IN PARAGRAPH D OF THIS SUBDIVISION.
  C.  DEFINITIONS.  FOR  THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (1) "ELIGIBLE FAMILY AND COMMUNITY ENGAGEMENT  PROGRAM"  OR  "ELIGIBLE
PROGRAM"  MEANS  A  COMMUNITY  BASED  ORGANIZATION  OR  SCHOOL SPONSORED
PROGRAM IN SUPPORT OF THE IMPROVEMENT OF OUTCOMES FOR BOYS AND YOUNG MEN
OF COLOR THAT IS CONSISTENT WITH THE GOALS AND STRATEGIES OF  THE  WORK-
GROUP  TO  IMPROVE  OUTCOMES  FOR  BOYS  AND YOUNG MEN OF COLOR AND FROM
SCHOOLS DESIGNATED BY THE COMMISSIONER  AS  STRUGGLING  OR  PERSISTENTLY
STRUGGLING  DURING THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL
YEAR PURSUANT TO THE COMMISSIONER'S REGULATIONS OR SCHOOLS IDENTIFIED AS
PERSISTENTLY DANGEROUS SCHOOLS ACCORDING TO THE MOST CURRENT DESIGNATION
OF THE COMMISSIONER AS OF FEBRUARY FIRST, TWO THOUSAND SIXTEEN.
  (2) "APPROVED  PROGRAM"  MEANS  AN  ELIGIBLE  PROGRAM  THAT  HAS  BEEN
REVIEWED  BY  THE OFFICE OF FAMILY AND COMMUNITY ENGAGEMENT AND APPROVED
BY THE COMMISSIONER IN CONSULTATION WITH THE COUNCIL TO IMPROVE OUTCOMES
FOR BOYS AND YOUNG MEN OF COLOR PURSUANT TO THIS SUBDIVISION FOR FUNDING
DISBURSEMENT BY AN APPORTIONMENT OR APPORTIONMENTS MADE HEREUNDER.
  D. POWERS  AND  DUTIES  OF  THE  COMMISSIONER.  IN  ADMINISTERING  THE
PROVISIONS OF THIS SUBDIVISION, THE COMMISSIONER SHALL:
  (1)  ESTABLISH AN APPLICATION PROCESS FOR SCHOOL DISTRICTS, SCHOOLS OR
COMMUNITY BASED ORGANIZATIONS TO REQUEST THE APPROVAL OF THE COMMISSION-
ER OF AN APPORTIONMENT OR APPORTIONMENTS TO FUND ELIGIBLE PROGRAMS;
  (2) PROVIDE THAT APPROVED PROGRAMS WHICH RECEIVE AN  APPORTIONMENT  OR
APPORTIONMENTS PURSUANT TO THIS SUBDIVISION ARE DESIGNED, MAINTAINED AND
FACILITATED  IN THE MOST COST-EFFECTIVE MANNER POSSIBLE, WHICH MINIMIZES
WASTE AND MAXIMIZES EFFICIENCY. THE BOARD OF REGENTS AND THE COMMISSION-
ER SHALL IMPOSE A MECHANISM FOR ESTABLISHING GUIDELINES  FOR  MONITORING
AND  DOCUMENTING  THIS  PROCESS. THE COMMISSIONER SHALL TAKE APPROPRIATE
ACTION TO ENSURE A DISTRICT'S COMPLIANCE WITH THIS SUBPARAGRAPH;
  (3) CREATE A STATEWIDE OFFICE OF FAMILY AND COMMUNITY ENGAGEMENT WITH-
IN THE DEPARTMENT TO CREATE A SAMPLE STATEWIDE POLICY ON FAMILY  ENGAGE-
MENT  AND  PROVIDE  BEST  PRACTICES,  GUIDANCE  AND  TRAINING  TO SCHOOL
DISTRICTS RELATED TO PROVIDING FAMILIES,  COMMUNITY-BASED  ORGANIZATIONS
AND  ASSOCIATIONS  WITH NECESSARY INFORMATION ABOUT THE PRE-KINDERGARTEN
THROUGH TWELFTH GRADE EDUCATIONAL PROCESS  TO  ENCOURAGE  THEIR  PARTIC-
IPATION  IN  IMPROVING  OUTCOMES FOR ALL STUDENTS. SUCH SAMPLE STATEWIDE
POLICY, BEST PRACTICES, AND GUIDANCE SHALL ADDRESS ISSUES  RELATED,  BUT
NOT LIMITED, TO:

A. 9006--B                         37

  (I)  SUPPORTING  THE  DEVELOPMENT  OF  TRAINING  PROGRAMS FOR PARENTS,
STUDENTS, AND SCHOOL PERSONNEL ON HOW TO ENGAGE, INTERACT,  AND  SUSTAIN
RELATIONSHIPS;
  (II)  EDUCATING  PARENTS AND COMMUNITIES ON HOW TO NAVIGATE THE EDUCA-
TIONAL SYSTEM, AND  PARTICIPATE  IN  SCHOOL  ACTIVITIES,  MEETINGS,  AND
CONFERENCES;
  (III)  INFORMING  PARENTS  ON  HOW THEY CAN BEST SUPPORT THEIR CHILD'S
EDUCATION;
  (IV) COLLABORATING WITH COMMUNITY-BASED ORGANIZATIONS, STATE  AGENCIES
AND  ASSOCIATIONS  THAT  PROVIDE  COMPREHENSIVE  HEALTH  AND EDUCATIONAL
SERVICES, AND PROVIDING INFORMATION TO PARENTS AND  STUDENTS  ABOUT  THE
SERVICES  AVAILABLE AT THE SCHOOL OR IN THE COMMUNITY THAT ADDRESS SOCI-
O-EMOTIONAL , BEHAVIORAL, AND HEALTH ISSUES OF CHILDREN;
  (V)  ASSISTING  PARENTS  IN  UNDERSTANDING  THE   IDENTIFICATION   AND
PROVISION  OF  SPECIAL  EDUCATION  SERVICES AND SUPPORT SERVICES SUCH AS
SOCIAL WORK, GUIDANCE COUNSELING, PSYCHOLOGICAL COUNSELING, SPEECH THER-
APY, AND ACADEMIC INTERVENTION SERVICES;
  (VI) IDENTIFYING COMMUNICATION ASSISTANCE  FOR  FAMILIES  WHOSE  FIRST
LANGUAGE IS NOT ENGLISH;
  (VII)  SUPPORTING  PARENTS  IN  BUILDING THEIR OWN LITERACY SKILLS AND
PREPARING FOR CONTINUED EDUCATION;
  (VIII) RECRUITING HIGH-QUALITY, SUSTAINED MENTORS FROM  THE  COMMUNITY
AND IMPROVING THE QUALITY OF MENTORING PROGRAMS;
  (IX)  PROVIDING  INFORMATION  ON  DEVELOPMENTAL, HEALTH AND BEHAVIORAL
SCREENINGS AVAILABLE AT THE SCHOOL OR IN THE COMMUNITY TO ENSURE  TIMELY
ACCESS  TO  NEEDED  SERVICES,  INCLUDING  FREE OR LOW-COST SCREENING AND
CORRECTIVE SERVICES, AND INCREASING  PUBLIC  UNDERSTANDING  OF  DEVELOP-
MENTAL  MILESTONES  AND HOW REGULAR SCREENINGS HELP RAISE AWARENESS OF A
CHILD'S DEVELOPMENT;
  (X) ENSURING THAT PARENTS UNDERSTAND  THE  LEARNING  STANDARDS  TO  BE
COVERED AT EACH GRADE LEVEL;
  (XI)  PROVIDING TRAINING IN EVIDENCE-BASED STRATEGIES AND PRACTICES TO
PARENTS, STUDENTS, AND TEACHERS ON CULTURAL AND  LINGUISTIC  RESPONSIVE-
NESS AND RECOGNIZING BIAS;
  (XII)  ENSURING EVERY STUDENT AND PARENT HAS ACCESS TO INFORMATION AND
COUNSELING ON POST-SECONDARY EDUCATIONAL AND  CAREER  OPPORTUNITIES  AND
SUPPORT TO COMPLETE THE FREE APPLICATION FOR FEDERAL STUDENT AID; AND
  (XIII)  INCREASING AWARENESS OF AND ENCOURAGING ALL STUDENTS TO ENROLL
IN ADVANCED COURSEWORK OPPORTUNITIES AND CAREER PREPARATION PROGRAMS.
  E. THE AMOUNT OF  THE  APPORTIONMENT  OR  APPORTIONMENTS  PROVIDED  TO
APPROVED  PROGRAMS  SHALL BE DETERMINED BY THE COMMISSIONER IN CONSULTA-
TION WITH THE COUNCIL TO IMPROVE OUTCOMES FOR  BOYS  AND  YOUNG  MEN  OF
COLOR AND THE OFFICE OF FAMILY AND COMMUNITY ENGAGEMENT.
  F.  ALL  APPORTIONMENTS  MADE  PURSUANT  TO  THIS SUBDIVISION SHALL BE
DESIGNED IN ACCORDANCE WITH THE FUNDAMENTAL PRINCIPLE THAT SUCH ELIGIBLE
PROGRAMS MAY NOT DISCRIMINATE ON  THE  BASIS  OF  SEX,  RACE,  COLOR  OR
NATIONAL ORIGIN AND ALL SUCH ELIGIBLE PROGRAMS SHALL BE AVAILABLE TO ALL
STUDENTS REGARDLESS OF SEX, RACE, COLOR OR NATIONAL ORIGIN.
  S  59.  Section  3641  of the education law is amended by adding a new
subdivision 6-d to read as follows:
  6-D.  SCHOOL MODELS THAT IMPROVE OUTCOMES FOR BOYS AND  YOUNG  MEN  OF
COLOR GRANT PROGRAM. A. THE PURPOSE OF THE GRANT PROGRAM IS TO INCENTIV-
IZE  AND  FUND THE DEVELOPMENT AND EXPANSION OF INNOVATIVE SCHOOL MODELS
AND PRACTICES THAT ARE EFFECTIVE IN IMPROVING THE  EDUCATIONAL,  SOCIAL,
MENTAL  HEALTH, HEALTH AND EMPLOYMENT OUTCOMES FOR BOYS AND YOUNG MEN OF
COLOR.

A. 9006--B                         38

  B. WITHIN THE AMOUNT APPROPRIATED FOR SUCH PURPOSE AND  SUBJECT  TO  A
PLAN  DEVELOPED  BY THE COMMISSIONER IN COORDINATION WITH THE COUNCIL TO
IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR, THE COMMISSIONER SHALL
AWARD  COMPETITIVE  GRANTS  PURSUANT  TO  THIS  SUBDIVISION  TO   SCHOOL
DISTRICTS  AND  ELIGIBLE ENTITIES, TO BE IMPLEMENTED IN THE TWO THOUSAND
SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, TO DEVELOP OR EXPAND  EXEM-
PLARY SCHOOL MODELS AND PRACTICES THAT DEMONSTRATE CULTURAL AND LINGUIS-
TIC  RESPONSIVENESS  TO  THE  NEEDS  OF  BOYS AND YOUNG MEN OF COLOR AND
IMPROVES THE OUTCOMES OF BOYS AND YOUNG MEN OF COLOR.  SUCH  MODELS  AND
APPROACHES  MAY ADDRESS NEEDS INCLUDING, BUT NOT LIMITED TO, RESTORATIVE
JUSTICE,  STRUCTURAL  AND  INSTITUTIONAL  RACISM,  RACIAL  INEQUALITIES,
CREATING A SCHOOL CLIMATE OF CARE AND RESPECT, AND EDUCATIONAL OUTCOMES.
ELIGIBLE  ENTITIES  SHALL MEAN SCHOOL DISTRICTS OR NOT-FOR-PROFIT ORGAN-
IZATIONS WITH EXPERIENCE OR EXPERTISE IN PROVIDING SERVICES TO MEET  THE
NEEDS  OF  BOYS  AND YOUNG MEN OF COLOR THAT SERVE SUCH DISTRICTS, WHICH
SHALL INCLUDE NOT-FOR-PROFIT COMMUNITY BASED ORGANIZATIONS.
  (1) SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) THE PROCESS BY WHICH A REQUEST FOR PROPOSALS WILL BE DEVELOPED;
  (II) THE SCORING RUBRIC BY WHICH SUCH PROPOSED SCHOOL MODELS  WILL  BE
EVALUATED,  PROVIDED  THAT SUCH GRANTS SHALL BE AWARDED BASED ON FACTORS
INCLUDING, BUT NOT LIMITED TO:  MEASURES OF SCHOOL DISTRICT NEED;  MEAS-
URES  OF THE NEED OF BOYS AND YOUNG MEN OF COLOR TO BE SERVED BY EACH OF
THE SCHOOL DISTRICTS; THE SCHOOL DISTRICT'S SCHOOL MODEL TO  TARGET  THE
BOYS  AND  YOUNG MEN OF COLOR; THE SUSTAINABILITY OF THE PROPOSED SCHOOL
MODEL; AND THE PROPOSED SCHOOL MODEL QUALITY;
  (III) THE FORM AND MANNER BY WHICH APPLICATIONS WILL BE SUBMITTED;
  (IV) THE MANNER BY WHICH CALCULATION OF THE AMOUNT OF THE  AWARD  WILL
BE DETERMINED;
  (V) THE TIMELINE FOR THE ISSUANCE AND REVIEW OF APPLICATIONS TO ENSURE
GRANTS  WILL  BE  AWARDED  DURING THE TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN SCHOOL YEAR; AND
  (VI) PROGRAM IMPLEMENTATION PHASES THAT WILL TRIGGER  PAYMENT  OF  SET
PERCENTAGES OF THE TOTAL AWARD.
  (2)  IN  ASSESSING  THE PROPOSED SCHOOL MODEL QUALITY, THE COUNCIL AND
COMMISSIONER SHALL TAKE INTO ACCOUNT FACTORS INCLUDING, BUT NOT  LIMITED
TO:
  (I)  THE  EXTENT  TO WHICH THE SCHOOL DISTRICT'S PROPOSED SCHOOL MODEL
WOULD PROVIDE IMPROVED OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR  THROUGH
PARTNERSHIPS WITH LOCAL GOVERNMENTS AND NOT-FOR-PROFIT ORGANIZATIONS;
  (II)  THE  EXTENT  TO  WHICH THE SCHOOL MODEL PROPOSAL ARTICULATES HOW
SUCH  SCHOOL  MODEL  WOULD  FACILITATE  OR  HAS  FACILITATED  MEASURABLE
IMPROVEMENT TO BOYS AND YOUNG MEN OF COLOR OUTCOMES;
  (III)  THE  EXTENT  TO WHICH THE SCHOOL MODEL PROPOSAL ARTICULATES AND
IDENTIFIES HOW EXISTING FUNDING STREAMS AND PROGRAMS WOULD  BE  USED  TO
PROVIDE IMPROVED OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR; AND
  (IV)  THE EXTENT TO WHICH THE SCHOOL MODEL PROPOSAL INCLUDES EVIDENCE-
BASED ASSESSMENTS TO EVALUATE THE EFFECTIVENESS OF THE SCHOOL MODEL.
  C. A RESPONSE TO A REQUEST  FOR  PROPOSALS  ISSUED  PURSUANT  TO  THIS
SUBDIVISION MAY BE SUBMITTED BY A SINGLE SCHOOL DISTRICT OR JOINTLY BY A
CONSORTIUM OF TWO OR MORE SCHOOL DISTRICTS.
  D.  THE  AMOUNT  OF THE GRANT AWARD SHALL BE DETERMINED BY THE COMMIS-
SIONER IN CONSULTATION WITH THE COUNCIL TO IMPROVE OUTCOMES FOR BOYS AND
YOUNG MEN OF COLOR, CONSISTENT WITH THE PLAN DEVELOPED PURSUANT TO PARA-
GRAPH B  OF  THIS  SUBDIVISION;  PROVIDED  THAT  FOR  THE  TWO  THOUSAND
SIXTEEN--TWO  THOUSAND  SEVENTEEN  STATE  FISCAL YEAR, FIVE MILLION FIVE
HUNDRED THOUSAND  DOLLARS  ($5,500,000)  SHALL  BE  AVAILABLE  FOR  THIS

A. 9006--B                         39

PURPOSE, PROVIDED FURTHER THAT FOUR MILLION DOLLARS ($4,000,000) OF SUCH
AMOUNT SHALL BE SET ASIDE FOR USE WITHIN SCHOOL DISTRICTS OF CITIES WITH
ONE  HUNDRED TWENTY-FIVE THOUSAND OR MORE INHABITANTS; SUCH AMOUNT SHALL
BE  DIVIDED  EVENLY AMONGST SUCH DISTRICTS AND, PURSUANT TO REQUESTS FOR
PROPOSALS ISSUED BY THE DEPARTMENT, MADE AVAILABLE TO ELIGIBLE  ENTITIES
AS  THAT  TERM  IS  DEFINED IN PARAGRAPH B OF THIS SUBDIVISION; PROVIDED
FURTHER, THAT THE REMAINING ONE MILLION FIVE  HUNDRED  THOUSAND  DOLLARS
($1,500,000)  OF  SUCH  AMOUNT  SHALL  BE SET ASIDE FOR USE WITHIN OTHER
SCHOOL DISTRICTS AND, PURSUANT TO REQUESTS FOR PROPOSALS ISSUED  BY  THE
DEPARTMENT,  MADE AVAILABLE TO ELIGIBLE ENTITIES AS THAT TERM IS DEFINED
IN  PARAGRAPH B OF THIS SUBDIVISION AND PROVIDED FURTHER THAT THE AMOUNT
AWARDED WILL BE PAID OUT IN SET PERCENTAGES OVER  TIME  UPON  SUCCESSFUL
IMPLEMENTATION  OF  EACH PHASE OF THE APPROVED SCHOOL MODEL PROPOSAL SET
FORTH PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION; PROVIDED FURTHER THAT
NONE OF THE GRANTS AWARDED PURSUANT TO THIS SUBDIVISION MAY BE  USED  TO
SUPPLANT EXISTING FUNDING.
  E. THE SCHOOL MODEL PROPOSALS AWARDED GRANTS PURSUANT TO THIS SUBDIVI-
SION SHALL BE DESIGNED IN ACCORDANCE WITH THE FUNDAMENTAL PRINCIPLE THAT
THEY  MAY NOT DISCRIMINATE ON THE BASIS OF SEX, RACE, COLOR, OR NATIONAL
ORIGIN AND ALL SUCH SCHOOL MODEL SERVICES SHALL BE MADE AVAILABLE TO ALL
STUDENTS REGARDLESS OF SEX, RACE, COLOR OR NATIONAL ORIGIN.
  S 60. Section 3641 of the education law is amended  by  adding  a  new
subdivision 6-e to read as follows:
  6-E.    INCENTIVE GRANTS TO IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF
COLOR. A.  WITHIN THE AMOUNTS APPROPRIATED FOR SUCH PURPOSE, THE COMMIS-
SIONER SHALL AWARD COMPETITIVE GRANTS TO ELIGIBLE  SCHOOLS  PURSUANT  TO
THIS SUBDIVISION THAT HAVE DEMONSTRATED THE MOST COHERENT CRADLE-TO-COL-
LEGE  AND  CAREER STRATEGY AIMED AT IMPROVING LIFE OUTCOMES FOR BOYS AND
YOUNG MEN OF COLOR.
  B. THE COMMISSIONER SHALL:
  (1) DEVELOP A COMPETITIVE REQUEST FOR PROPOSALS TO  BE  ISSUED  ON  OR
BEFORE  OCTOBER FIRST, TWO THOUSAND SIXTEEN AND SHALL ENSURE THAT GRANTS
WILL BE AWARDED PURSUANT TO THIS SUBDIVISION  DURING  THE  TWO  THOUSAND
SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR;
  (2)  CREATE  A  REVIEW  PROCESS AND A SCORING RUBRIC TO BE USED IN THE
EVALUATION OF APPLICATIONS DURING SUCH PROCESS;
  (3) ESTABLISH A REGIONAL DISTRIBUTION METHODOLOGY FOR THE AWARDS  THAT
INCLUDES ALL REGIONS OF THE STATE;
  (4)  LIMIT  THE  ANNUAL  AWARD  TO EACH SCHOOL TO ONE HUNDRED THOUSAND
DOLLARS ($100,000).
  C. TO BE AN ELIGIBLE APPLICANT, A SCHOOL MUST:
  (1) BE IDENTIFIED BY THE COMMISSIONER  AS  A  PERSISTENTLY  STRUGGLING
SCHOOL DURING THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR
PURSUANT TO COMMISSIONER'S REGULATIONS;
  (2)  BE  IDENTIFIED  BY THE COMMISSIONER AS A STRUGGLING SCHOOL DURING
THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR  PURSUANT  TO
COMMISSIONER'S REGULATIONS; OR
  (3)  BE IDENTIFIED AS A PERSISTENTLY DANGEROUS SCHOOL ACCORDING TO THE
MOST CURRENT DESIGNATION OF THE COMMISSIONER AS OF FEBRUARY  FIRST,  TWO
THOUSAND SIXTEEN.
  D.  THE  COMMISSIONER  SHALL  GRANT  AWARDS  TO  THE SCHOOLS AMONG THE
REGIONS DETERMINED IN THE METHODOLOGY DEVELOPED PURSUANT TO PARAGRAPH  B
OF THIS SUBDIVISION.
  E.  (1) ANY SCHOOL DISTRICT RECEIVING AN AWARD PURSUANT TO THIS SUBDI-
VISION SHALL EXPEND GRANT FUNDS IN ACCORDANCE WITH A  HIGH-QUALITY  PLAN
SUBMITTED WITH ITS APPLICATION IN RESPONSE TO THE REQUEST FOR PROPOSALS.

A. 9006--B                         40

SUCH  PLAN MUST SPECIFY HOW FUNDS WILL BE USED TO ENHANCE THE ACTIVITIES
AND STRATEGIES THAT HAVE BEEN OR WILL BE IMPLEMENTED OR THAT  HAVE  BEEN
DEMONSTRATED TO BE EFFECTIVE IN, OR SHOW THE MOST PROMISE FOR, IMPROVING
OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR.
  (2)  ALLOWABLE  ACTIVITIES  AND  STRATEGIES  SHALL  MEAN PROGRAMS THAT
PROMOTE A STUDENT OR SCHOOL'S ABILITY TO:
  (I) ENTER SCHOOL READY TO LEARN;
  (II) READ AT GRADE LEVEL BY GRADE THREE;
  (III) GRADUATE FROM HIGH SCHOOL PREPARED  FOR  COLLEGE  AND/OR  CAREER
AND/OR COMPLETE POSTSECONDARY EDUCATION OR TRAINING;
  (IV)  ENTER  THE  WORKFORCE SUCCESSFULLY INTO AT LEAST A MIDDLE SKILLS
JOB THAT PAYS A LIVING WAGE;
  (V) REDUCE VIOLENCE AND PROVIDE  SECOND  LIFE,  EDUCATION  AND  CAREER
OPPORTUNITIES;
  (VI) RECRUIT AND HELP DEVELOP A MORE DIVERSE WORKFORCE, WITH AN EMPHA-
SIS ON BOYS AND YOUNG MEN OF COLOR;
  (VII) BUILD EQUITABLE SYSTEMS OF SUPPORT AND DATA REPORTING;
  (VIII) IDENTIFY AND ASSIGN STRONG SUPPORT MENTORS TO STUDENTS;
  (IX)  ESTABLISH  COLLABORATIVE  SUPPORT  SYSTEMS  OF  MULTIPLE HEALTH,
MENTAL HEALTH, AND OTHER HUMAN SERVICES  AGENCIES  FOCUSED  ON  DEVELOP-
MENTAL APPROACHES TO IMPROVING OUTCOMES;
  (X)  SUPPORT THE DEVELOPMENT OF STUDENTS, FAMILIES, AND COMMUNITIES TO
SUCCESSFULLY ENGAGE AND INTERACT THROUGH  SUSTAINABLE  RELATIONSHIPS  TO
HELP STUDENTS ACHIEVE SUCCESS WITHIN AND OUTSIDE OF SCHOOL SETTINGS; AND
  (XI)  TO  RESOLVE  STUDENT MISBEHAVIOR WITHOUT THE USE OF SUSPENSIONS,
SUMMONSES OR  ARRESTS  AND  UTILIZE  DIVERSION  INTERVENTIONS  OR  OTHER
RESTORATIVE JUSTICE PRACTICES.
  F.  FOR  THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN STATE FISCAL
YEAR, A MINIMUM OF SEVEN MILLION DOLLARS ($7,000,000) SHALL BE AVAILABLE
FOR THIS PURPOSE IN EACH FISCAL YEAR.
  S 61. Statement of legislative findings and necessity for the purposes
of sections sixty-one through sixty-three of this act.  The  legislature
hereby  finds  that  for  three  decades  beginning in 1979, following a
strike by school bus workers, the school bus contracts of the  board  of
education   of  the  city  of  New  York  included  employee  protection
provisions requiring transportation contractors, among other things,  to
give  priority  in  hiring to employees who became unemployed because of
their employers' loss of bus contract work for such  board  and  to  pay
such  employees  the  same wages and benefits they had received prior to
becoming unemployed.
  Following the 2011 decision by the New York State Court of Appeals  in
L&M  BUS CORP., ET AL., V. THE NEW YORK CITY DEPARTMENT OF EDUCATION, ET
AL., the board of education of the city of New York did not include  the
employee  protection provisions that had been part of the board's school
bus contracts for over 30 years or any similar provisions in its  solic-
itations  for its school bus contracts.  After the issuance of the first
such Post-L&M solicitation; there was a school bus strike in January and
February of 2013. During this strike, many children were  either  unable
to attend school or were burdened, along with their families, with find-
ing alternative modes of transportation in the heart of winter.
  The  legislature further finds that the board of education of the city
of New York contracts with 62 companies  to  provide  vital  school  bus
transportation to 149,000 school-age children. Pursuant to the education
law, the state reimburses the board of education of the city of New York
for a substantial percentage of its school bus contract expenditures.

A. 9006--B                         41

  Accordingly,  the  legislature  finds that the education law should be
amended to require the board of education of the city  of  New  York  to
include  important  employee  protections in its procurements for school
bus transportation contracts and to authorize the board of education  to
amend  existing  contracts to include these protections. Including these
protections in such board's  contracts  will  aid  in  avoiding  service
disruptions  and  pension  withdrawal liability claims, while protecting
the experienced school bus contract workforce from significant wage  and
benefit  reductions  and  facilitating  the  retention of an experienced
workforce. Inclusion of such protections will  secure  more  cost-effec-
tive, higher quality and efficient procurement and performance of school
bus transportation services.
  S  62.  Paragraph  a of subdivision 14 of section 305 of the education
law, as amended by chapter 273 of the laws of 1999, is amended  to  read
as follows:
  a.  (1)  All  contracts for the transportation of school children, all
contracts to maintain school buses owned or leased by a school  district
that  are  used for the transportation of school children, all contracts
for mobile instructional units, and all contracts to  provide,  maintain
and  operate  cafeteria  or restaurant service by a private food service
management company shall be subject to the approval of the commissioner,
who may disapprove a proposed contract if,  in  his  opinion,  the  best
interests  of  the district will be promoted thereby. Except as provided
in paragraph e of this subdivision,  all  such  contracts  involving  an
annual  expenditure  in  excess  of  the  amount  specified for purchase
contracts in the bidding requirements of the general municipal law shall
be awarded to the lowest responsible bidder, which responsibility  shall
be  determined  by  the board of education or the trustee of a district,
with power hereby vested in the commissioner to reject any or  all  bids
if,  in his opinion, the best interests of the district will be promoted
thereby and, upon such rejection of all  bids,  the  commissioner  shall
order  the board of education or trustee of the district to seek, obtain
and consider new proposals. All proposals for such transportation, main-
tenance, mobile instructional units, or cafeteria and restaurant service
shall be in such form as the commissioner may prescribe.   Advertisement
for  bids  shall be published in a newspaper or newspapers designated by
the board of education or trustee of the district having general  circu-
lation  within  the  district for such purpose. Such advertisement shall
contain a statement of the time when and place where all  bids  received
pursuant  to  such advertisement will be publicly opened and read either
by the school authorities or by a person or persons designated by  them.
All  bids  received  shall  be  publicly opened and read at the time and
place so specified. At least five days shall elapse  between  the  first
publication  of  such  advertisement  and  the date so specified for the
opening and reading of bids. The  requirement  for  competitive  bidding
shall  not  apply  to  an  award of a contract for the transportation of
pupils or a contract for mobile instructional units, if  such  award  is
based  on  an  evaluation  of  proposals  in  response  to a request for
proposals pursuant to paragraph e of this subdivision.  The  requirement
for competitive bidding shall not apply to annual, biennial, or trienni-
al  extensions  of  a contract nor shall the requirement for competitive
bidding apply to  quadrennial  or  quinquennial  year  extensions  of  a
contract involving transportation of pupils, maintenance of school buses
or mobile instructional units secured either through competitive bidding
or  through  evaluation  of  proposals  in  response  to  a  request for
proposals pursuant to paragraph e of this subdivision, when such  exten-

A. 9006--B                         42

sions  [(1)]  (I) are made by the board of education or the trustee of a
district, under rules and regulations prescribed  by  the  commissioner,
and,  [(2)]  (II) do not extend the original contract period beyond five
years  from  the  date cafeteria and restaurant service commenced there-
under and in the case of contracts for the transportation of pupils, for
the maintenance of school buses or for mobile instructional units,  that
such  contracts  may  be extended, except that power is hereby vested in
the commissioner, in addition to his  existing  statutory  authority  to
approve or disapprove transportation or maintenance contracts, [(i)] (A)
to reject any extension of a contract beyond the initial term thereof if
he finds that amount to be paid by the district to the contractor in any
year  of  such  proposed  extension fails to reflect any decrease in the
regional consumer price index  for  the  N.Y.,  N.Y.-Northeastern,  N.J.
area,  based  upon  the index for all urban consumers (CPI-U) during the
preceding twelve month period; and [(ii)] (B) to reject any extension of
a contract after ten years from the date transportation  or  maintenance
service  commenced  thereunder, or mobile instructional units were first
provided, if in his opinion, the best interests of the district will  be
promoted  thereby.  Upon  such  rejection of any proposed extension, the
commissioner may order the board of education or trustee of the district
to seek, obtain and consider bids pursuant to  the  provisions  of  this
section.  The  board  of  education  or the trustee of a school district
electing  to  extend  a  contract  as  provided  herein,  may,  in   its
discretion,  increase the amount to be paid in each year of the contract
extension by an amount not to exceed the regional consumer  price  index
increase  for  the  N.Y.,  N.Y.-Northeastern,  N.J. area, based upon the
index for all urban consumers (CPI-U), during the preceding twelve month
period, provided it has been satisfactorily established by the  contrac-
tor that there has been at least an equivalent increase in the amount of
his cost of operation, during the period of the contract.
  (2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, THE BOARD
OF  EDUCATION  OF  A SCHOOL DISTRICT LOCATED IN A CITY WITH AT LEAST ONE
MILLION INHABITANTS SHALL INCLUDE IN CONTRACTS FOR THE TRANSPORTATION OF
SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE  TWELVE,  WHETHER  AWARDED
THROUGH  COMPETITIVE  BIDDING  OR  THROUGH  EVALUATION  OF  PROPOSALS IN
RESPONSE TO A REQUEST FOR PROPOSALS PURSUANT  TO  PARAGRAPH  E  OF  THIS
SUBDIVISION,  PROVISIONS  FOR  THE  RETENTION OR PREFERENCE IN HIRING OF
SCHOOL BUS WORKERS AND FOR THE PRESERVATION OF  WAGES,  HEALTH,  WELFARE
AND  RETIREMENT  BENEFITS  AND  SENIORITY FOR SCHOOL BUS WORKERS WHO ARE
HIRED PURSUANT TO SUCH PROVISIONS FOR RETENTION OR PREFERENCE IN HIRING,
IN CONNECTION WITH SUCH CONTRACTS. FOR PURPOSES  OF  THIS  SUBPARAGRAPH,
"SCHOOL  BUS  WORKER"  SHALL  MEAN  AN OPERATOR, MECHANIC, DISPATCHER OR
ATTENDANT WHO:  (I) WAS EMPLOYED AS OF JUNE THIRTIETH, TWO THOUSAND  TEN
OR  AT  ANY  TIME  THEREAFTER  BY (A) A CONTRACTOR THAT WAS A PARTY TO A
CONTRACT WITH THE BOARD OF EDUCATION OF A SCHOOL DISTRICT LOCATED  IN  A
CITY  WITH  AT  LEAST  ONE MILLION INHABITANTS FOR THE TRANSPORTATION OF
SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE, IN CONNECTION WITH
SUCH CONTRACT, OR (B) A SUBCONTRACTOR OF A CONTRACTOR THAT WAS  A  PARTY
TO  A  CONTRACT WITH THE BOARD OF EDUCATION OF A SCHOOL DISTRICT LOCATED
IN A CITY WITH AT LEAST ONE MILLION INHABITANTS FOR  THE  TRANSPORTATION
OF  SCHOOL  CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE, IN CONNECTION
WITH SUCH CONTRACT, AND (II) HAS BEEN FURLOUGHED OR BECOME UNEMPLOYED AS
A RESULT OF A LOSS OF SUCH CONTRACT, OR A PART OF SUCH CONTRACT, BY SUCH
CONTRACTOR OR SUCH SUBCONTRACTOR, OR AS  A  RESULT  OF  A  REDUCTION  IN
SERVICE  DIRECTED  BY  SUCH  BOARD  OF EDUCATION DURING THE TERM OF SUCH
CONTRACT.

A. 9006--B                         43

  S 63. Subdivision 14 of section 305 of the education law is amended by
adding a new paragraph g to read as follows:
  G.  NOTWITHSTANDING  THE  PROVISIONS OF PARAGRAPHS A THROUGH F OF THIS
SUBDIVISION AND ANY REGULATION PROMULGATED PURSUANT THERETO,  THE  BOARD
OF  EDUCATION  OF  A SCHOOL DISTRICT LOCATED IN A CITY WITH AT LEAST ONE
MILLION INHABITANTS AND A CONTRACTOR PROVIDING  TRANSPORTATION  SERVICES
TO  SUCH  DISTRICT  FOR  SCHOOL  CHILDREN  IN KINDERGARTEN THROUGH GRADE
TWELVE MAY AMEND A CONTRACT WITH MUTUAL CONSENT FOR SUCH  TRANSPORTATION
SERVICES, FOR SUCH CONSIDERATION AS APPROVED BY SUCH BOARD OF EDUCATION,
TO  INCLUDE  IN SUCH CONTRACT PROVISIONS FOR THE RETENTION OR PREFERENCE
IN HIRING OF SCHOOL BUS WORKERS  AND  FOR  THE  PRESERVATION  OF  WAGES,
HEALTH,  WELFARE  AND  RETIREMENT  BENEFITS AND SENIORITY FOR SCHOOL BUS
WORKERS WHO ARE HIRED PURSUANT TO SUCH PROVISIONS FOR RETENTION OR PREF-
ERENCE IN HIRING, IN CONNECTION WITH SUCH  CONTRACTS.  FOR  PURPOSES  OF
THIS  PARAGRAPH,  "SCHOOL  BUS WORKER" SHALL MEAN AN OPERATOR, MECHANIC,
DISPATCHER OR ATTENDANT WHO: (1) WAS EMPLOYED AS OF JUNE THIRTIETH,  TWO
THOUSAND  TEN  OR  AT ANY TIME THEREAFTER BY (I) A CONTRACTOR THAT WAS A
PARTY TO A CONTRACT WITH THE BOARD OF EDUCATION  OF  A  SCHOOL  DISTRICT
LOCATED  IN  A CITY WITH AT LEAST ONE MILLION INHABITANTS FOR THE TRANS-
PORTATION OF SCHOOL CHILDREN IN KINDERGARTEN THROUGH  GRADE  TWELVE,  IN
CONNECTION  WITH  SUCH CONTRACT, OR (II) A SUBCONTRACTOR OF A CONTRACTOR
THAT WAS A PARTY TO A CONTRACT WITH THE BOARD OF EDUCATION OF  A  SCHOOL
DISTRICT LOCATED IN A CITY WITH AT LEAST ONE MILLION INHABITANTS FOR THE
TRANSPORTATION  OF SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE,
IN CONNECTION WITH SUCH CONTRACT, AND (2) HAS BEEN FURLOUGHED OR  BECOME
UNEMPLOYED  AS  A  RESULT  OF A LOSS OF SUCH CONTRACT, OR A PART OF SUCH
CONTRACT, BY SUCH CONTRACTOR OR SUCH SUBCONTRACTOR, OR AS THE RESULT  OF
A  REDUCTION  IN  SERVICE DIRECTED BY SUCH BOARD OF EDUCATION DURING THE
TERM OF SUCH CONTRACT.
  S 64. Paragraphs a and c of subdivision  14  of  section  305  of  the
education  law,  paragraph  a  as  amended by chapter 273 of the laws of
1999, and paragraph c as amended by chapter 15 of the laws of 2005,  are
amended to read as follows:
  a.  All  contracts  for  the  transportation  of  school children, all
contracts to maintain school buses owned or leased by a school  district
that  are  used for the transportation of school children, all contracts
for mobile instructional units, and all contracts to  provide,  maintain
and  operate  cafeteria  or restaurant service by a private food service
management company shall be subject to the approval of the commissioner,
who may disapprove a proposed contract if,  in  his  opinion,  the  best
interests  of  the district will be promoted thereby. Except as provided
in paragraph e of this subdivision,  all  such  contracts  involving  an
annual  expenditure  in  excess  of  the  amount  specified for purchase
contracts in the bidding requirements of the general municipal law shall
be awarded to the lowest responsible bidder, which responsibility  shall
be  determined  by  the board of education or the trustee of a district,
with power hereby vested in the commissioner to reject any or  all  bids
if,  in his opinion, the best interests of the district will be promoted
thereby and, upon such rejection of all  bids,  the  commissioner  shall
order  the board of education or trustee of the district to seek, obtain
and consider new proposals. All proposals for such transportation, main-
tenance, mobile instructional units, or cafeteria and restaurant service
shall be in such form as the commissioner may prescribe.   Advertisement
for  bids  shall be published in a newspaper or newspapers designated by
the board of education or trustee of the district having general  circu-
lation  within  the  district for such purpose. Such advertisement shall

A. 9006--B                         44

contain a statement of the time when and place where all  bids  received
pursuant  to  such advertisement will be publicly opened and read either
by the school authorities or by a person or persons designated by  them.
All  bids  received  shall  be  publicly opened and read at the time and
place so specified. At least five days shall elapse  between  the  first
publication  of  such  advertisement  and  the date so specified for the
opening and reading of bids. The  requirement  for  competitive  bidding
shall  not  apply  to  an  award of a contract for the transportation of
pupils or a contract for mobile instructional units, if  such  award  is
based  on  an  evaluation  of  proposals  in  response  to a request for
proposals pursuant to paragraph e of this subdivision.  The  requirement
for competitive bidding shall not apply to annual, biennial, or trienni-
al  extensions  of  a contract nor shall the requirement for competitive
bidding apply to  quadrennial  or  quinquennial  year  extensions  of  a
contract involving transportation of pupils, maintenance of school buses
or mobile instructional units secured either through competitive bidding
or  through  evaluation  of  proposals  in  response  to  a  request for
proposals pursuant to paragraph e of this subdivision, when such  exten-
sions  (1)  are  made  by  the  board  of  education or the trustee of a
district, under rules and regulations prescribed  by  the  commissioner,
[and,]  (2) do not extend the original contract period beyond five years
from the date cafeteria and restaurant service commenced thereunder  and
(3)  in  the case of contracts for the transportation of pupils, for the
maintenance of school buses or for mobile instructional units, that such
contracts may be extended, except that power is  hereby  vested  in  the
commissioner, in addition to his existing statutory authority to approve
or disapprove transportation or maintenance contracts, (i) to reject any
extension  of a contract FOR CAFETERIA AND RESTAURANT SERVICE beyond the
initial term thereof if he finds that amount to be paid by the  district
to  the  contractor  in  any  year  of  such proposed extension fails to
reflect any decrease in the regional consumer price index for the  N.Y.,
N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
ers  (CPI-U)  during  the  preceding  twelve  month  period,  OR FOR ALL
CONTRACTS FOR SCHOOL BUSES USED FOR THE TRANSPORTATION OF  SCHOOL  CHIL-
DREN,  MAINTENANCE, AND ALL CONTRACTS FOR MOBILE INSTRUCTIONAL UNITS, IF
THE AMOUNT TO BE PAID BY THE DISTRICT TO THE CONTRACTOR IN ANY  YEAR  OF
SUCH  PROPOSED EXTENSION FAILS TO REFLECT ANY PERCENTAGE DECREASE IN THE
EMPLOYMENT COST INDEX (ECI)  TOTAL  COMPENSATION  FOR  PRIVATE  INDUSTRY
WORKERS IN THE NORTHEAST REGION (NOT SEASONALLY ADJUSTED) FOR THE FOURTH
QUARTER  OF  THE  PRECEDING  YEAR; and (ii) to reject any extension of a
contract after ten years from the  date  transportation  or  maintenance
service  commenced  thereunder, or mobile instructional units were first
provided, if in his opinion, the best interests of the district will  be
promoted  thereby.  Upon  such  rejection of any proposed extension, the
commissioner may order the board of education or trustee of the district
to seek, obtain and consider bids pursuant to  the  provisions  of  this
section.  The  board  of  education  or the trustee of a school district
electing  to  extend  a  contract  as  provided  herein,  may,  in   its
discretion,  increase the amount to be paid in each year of the contract
extension FOR CAFETERIA AND RESTAURANT  SERVICE  by  an  amount  not  to
exceed  the  regional  consumer  price  index  increase  for  the  N.Y.,
N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
ers (CPI-U), during the  preceding  twelve  month  period,  OR  FOR  ALL
CONTRACTS  FOR  SCHOOL BUSES USED FOR THE TRANSPORTATION OF SCHOOL CHIL-
DREN, MAINTENANCE, AND ALL CONTRACTS FOR MOBILE INSTRUCTIONAL UNITS,  BY
AN  AMOUNT  NOT TO EXCEED THE PERCENTAGE INCREASE IN THE EMPLOYMENT COST

A. 9006--B                         45

INDEX (ECI) TOTAL COMPENSATION  FOR  PRIVATE  INDUSTRY  WORKERS  IN  THE
NORTHEAST REGION (NOT SEASONALLY ADJUSTED) FOR THE FOURTH QUARTER OF THE
PRECEDING  YEAR,  provided it has been satisfactorily established by the
contractor  that  there  has been at least an equivalent increase in the
amount of his cost of operation, during the period of the contract.
  c. Each board of education, or the  trustees,  of  a  school  district
which  elected  or  elects  to  extend  one or more pupil transportation
contracts may extend a contract in an amount which is in excess  of  the
maximum increase allowed by use of the [CPI] ECI referenced in paragraph
a  of this subdivision. Such excess amount shall not be greater than the
sum of the following: (i) the sum of the actual cost of qualifying crim-
inal history and driver licensing testing fees attributable  to  special
requirements  for  drivers of school buses pursuant to articles nineteen
and nineteen-A of the vehicle and traffic law plus the  actual  cost  of
any  diagnostic  tests and physical performance tests that are deemed to
be necessary by an examining physician or the chief  school  officer  to
determine  whether an applicant to drive a school bus under the terms of
the contract has the physical and mental ability  to  operate  a  school
transportation  conveyance  and  to  satisfactorily  perform  the  other
responsibilities of a school bus driver pursuant to regulations  of  the
commissioner;  (ii) in a school district located in a city with at least
one million inhabitants, the actual cost of clean air technology filters
and Global Positioning  System  (GPS)  technology;  (iii)  in  a  school
district  located  in a city with at least one million inhabitants, with
respects only to any extension beginning in  fiscal  year  two  thousand
five--two  thousand  six, the sum of the actual cost of providing school
bus attendants including the actual  cost  of  criminal  history  record
checks  for school bus attendant applicants and training and instruction
for school bus attendants pursuant to  section  twelve  hundred  twenty-
nine-d  of  the  vehicle and traffic law plus up to five percent of such
cost for necessary administrative services; and (iv) the actual cost  of
equipment or vehicle modification, or training required, by any state or
local  legislation  or  regulation  promulgated or effective on or after
June first, two thousand five. Such  costs  shall  be  approved  by  the
commissioner  upon  documentation  provided  by  the school district and
contractor as required by the commissioner.
  S 65. Notwithstanding any provision of the law to  the  contrary,  for
the  Lackawanna  city  school district having a penalty arising from the
last filing of a final cost report pursuant to section 31 of part  A  of
chapter  57 of the laws of 2012 in the amount of not more that $839,524,
the commissioner of education shall recover such penalty in  five  equal
annual  installments  beginning  in  June of 2017. Provided further that
such district may elect to make an initial payment no later than  thirty
days  in  advance of the first annual installment which shall reduce the
amount of each annual installment.
  S 66. The education law is amended by adding a  new  section  3629  to
read as follows:
  S  3629. ROCHESTER-MONROE ANTI-POVERTY INITIATIVE TRANSPORTATION PILOT
PROGRAM. 1.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, PURSUANT TO  ADOPTION
OF  A  RESOLUTION  BY  THE  BOARD  OF EDUCATION SETTING FORTH A PLAN AND
APPROVAL OF SUCH PLAN BY THE COMMISSIONER BY SEPTEMBER FIRST, TWO  THOU-
SAND  SIXTEEN, MAY ENTER INTO A ROCHESTER-MONROE ANTI-POVERTY INITIATIVE
TRANSPORTATION PILOT PROGRAM FOR A PERIOD NOT  TO  EXCEED  THREE  SCHOOL
YEARS  BEGINNING  WITH  THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN
SCHOOL YEAR TO PROVIDE  TRANSPORTATION  SERVICES  TO  CHILDREN  RESIDING

A. 9006--B                         46

WITHIN  THE  CITY  SCHOOL  DISTRICT  TO  AND  FROM A SCHOOL THEY LEGALLY
ATTEND, PROVIDED THAT SUCH CHILDREN  LEGALLY  ATTEND  ONE  OF  THE  FIVE
SCHOOLS  AUTHORIZED TO BE INCLUDED IN SUCH PILOT PROGRAM. SUCH TRANSPOR-
TATION  SHALL  BE  RESTRICTED  TO  TRANSPORTATION TO AND FROM CHILDREN'S
HOMES OR BEFORE OR AFTER-SCHOOL CHILD CARE LOCATIONS  AND  TO  NOT  MORE
THAN  FIVE  ELEMENTARY SCHOOLS THAT SERVE THE NEIGHBORHOODS THAT ARE THE
FOCUS OF THE  ROCHESTER-MONROE  ANTI-POVERTY  INITIATIVE;  AND  CHILDREN
RESIDING  THE SAME DISTANCES BETWEEN THEIR HOMES AND OTHER SCHOOLS SHALL
NOT BE DEEMED TO BE IN LIKE CIRCUMSTANCES FOR PURPOSES OF SECTION  THIR-
TY-SIX  HUNDRED  THIRTY-FIVE  OF THE EDUCATION LAW.  SUCH TRANSPORTATION
SHALL BE  PROVIDED  ONLY  FOR  CHILDREN  ATTENDING  GRADES  KINDERGARTEN
THROUGH  EIGHT  WHO  LIVE  MORE  THAN ONE-HALF MILE FROM THE SCHOOL THEY
LEGALLY ATTEND BUT NOT MORE THAN FIFTEEN MILES, PROVIDED,  HOWEVER  THAT
THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT MAY APPROVE TRANSPOR-
TATION  FOR  CHILDREN WHO LIVE WITHIN ONE-HALF MILE FROM THE SCHOOL THEY
LEGALLY ATTEND  IF  SUCH  TRANSPORTATION  IS  NECESSARY  DUE  TO  SAFETY
CONCERNS.
  2.  FOR  THE PURPOSE OF COMPUTING APPROVED TRANSPORTATION EXPENSES FOR
TRANSPORTATION AID,  TRANSPORTATION  PROVIDED  PURSUANT  TO  THIS  PILOT
PROGRAM SHALL BE INCLUDED.
  S  67. The city school district of the city of Rochester shall provide
a report to the governor, the speaker of  the  assembly,  the  temporary
president of the senate and the commissioner of education on the results
of the first two years of the pilot program including a cost and benefit
analysis  of  increased  or decreased costs for the city school district
and the state, on or before January 15, 2019.
  S 68. Severability. The provisions of this act shall be severable, and
if the application of  any  clause,  sentence,  paragraph,  subdivision,
section  or  part  of  this  act  to any person or circumstance shall be
adjudged by any court of competent  jurisdiction  to  be  invalid,  such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of  this  act  or  remainder  thereof,  as the case may be, to any other
person or circumstance, but shall be confined in its  operation  to  the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.
  S  69.  This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2016, provided,
however, that:
  1. Sections one, six, seven, eight, twenty-six, twenty-seven,  twenty-
eight,  twenty-nine,  thirty-seven, forty-one, forty-two, forty-four and
forty-six of this act shall take effect July 1, 2016.
  2. The amendments to paragraph b-1 of subdivision 4 of section 3602 of
the education law made by section seven of this act shall not affect the
expiration of such paragraph and shall be deemed to expire therewith.
  3. The amendments to chapter 756 of the laws  of  1992,  amending  the
education  law  relating  to  funding a program for work force education
conducted by a consortium for worker education in New York City made  by
sections  twenty-eight  and twenty-nine of this act shall not affect the
repeal of such chapter and shall be deemed repealed therewith.
  4. Section thirty-three of this act shall take effect immediately  and
shall  be  deemed to have been in full force and effect on and after the
effective date of section 140 of chapter 82 of the laws of 1995.
  5. Section forty-seven of this act shall take effect on the  first  of
July next succeeding the date on which it shall have become a law.

A. 9006--B                         47

                                 PART B

  Section  1.   Section 2801-a of the education law, as added by chapter
181 of the laws of 2000, subdivision 1 as amended  by chapter 380 of the
laws of 2001, is amended to read as follows:
  S 2801-a. School safety plans. 1. The board of education or  trustees,
as  defined  in  section  two  of this chapter, of every school district
within the state, however created, and every board of cooperative educa-
tional services and county vocational education and extension board  and
the chancellor of the city school district of the city of New York shall
adopt  and  amend  a  comprehensive district-wide school safety plan and
building-level [school safety] EMERGENCY RESPONSE plans regarding crisis
intervention, emergency response and management, provided  that  in  the
city  school  district  of  the  city  of  New York, such plans shall be
adopted by the chancellor of the city school district. Such plans  shall
be  developed by a district-wide school safety team and a building-level
[school safety] EMERGENCY RESPONSE team established pursuant to subdivi-
sion four of this section and shall  be  in  a  form  developed  by  the
commissioner  in  consultation  with  the  division  of criminal justice
services, the superintendent of the state police and any other appropri-
ate state agencies. [A school district having only one school  building,
shall  develop  a  single building-level school safety plan, which shall
also fulfill all requirements for development of a district-wide plan.]
  2. Such comprehensive district-wide safety plan shall be developed  by
the district-wide school safety team and shall include at a minimum:
  a. policies and procedures for responding to implied or direct threats
of  violence  by  students,  teachers, other school personnel as well as
visitors to the school;
  b. policies and procedures for  responding  to  acts  of  violence  by
students,  teachers,  other  school personnel as well as visitors to the
school, including consideration of zero-tolerance  policies  for  school
violence;
  c. appropriate prevention and intervention strategies such as:
  (i)  collaborative  arrangements  with state and local law enforcement
officials, designed to ensure that  school  safety  officers  and  other
security  personnel  are  adequately trained, including being trained to
de-escalate potentially violent  situations,  and  are  effectively  and
fairly recruited;
  (ii) non-violent conflict resolution training programs;
  (iii) peer mediation programs and youth courts; [and]
  (iv) extended day and other school safety programs; AND
  (V)  POLICIES AND STRATEGIES REGARDING THE RATIO OF STUDENT TO SUPPORT
STAFF IN EACH SCHOOL BUILDING, INCLUDING  BUT  NOT  LIMITED  TO,  SCHOOL
COUNSELORS, SOCIAL WORKERS AND PSYCHOLOGISTS.
  d.  policies and procedures for contacting appropriate law enforcement
officials in the event of a violent incident;
  e. policies  and  procedures  for  contacting  parents,  guardians  or
persons  in  parental  relation  to  the students of the district in the
event of a violent incident;
  f. policies and  procedures  relating  to  school  building  security,
including  where  appropriate  the  use of school safety officers and/or
security devices or procedures;
  g. policies and procedures for the dissemination of informative  mate-
rials  regarding  the  early detection of potentially violent behaviors,
including but not limited to the identification of family, community and
environmental factors, to teachers,  administrators,  school  personnel,

A. 9006--B                         48

persons  in  parental relation to students of the district, students and
other persons deemed appropriate to receive such information;
  h. policies and procedures for annual school safety training for staff
and students; PROVIDED THAT THE DISTRICT MUST CERTIFY TO THE COMMISSION-
ER  THAT  ALL  STAFF  HAVE  UNDERGONE  ANNUAL  TRAINING ON THE EMERGENCY
RESPONSE PLAN BY NOVEMBER FIFTEENTH OF EACH SCHOOL YEAR OR WITHIN THIRTY
DAYS OF HIRE, AND THAT THE SCHOOL SAFETY TRAINING INCLUDE COMPONENTS  ON
VIOLENCE PREVENTION AND MENTAL HEALTH;
  i.  protocols  for responding to bomb threats, hostage-takings, intru-
sions and kidnappings;
  j. strategies for improving communication among students  and  between
students  and staff and reporting of potentially violent incidents, such
as the establishment of youth-run  programs,  peer  mediation,  conflict
resolution,  creating  a  forum  or  designating  a  mentor for students
concerned with bullying or violence and establishing anonymous reporting
mechanisms for school violence; [and]
  k. a description of the duties of hall monitors and any  other  school
safety  personnel,  the  training  required of all personnel acting in a
school security capacity, and the hiring and screening process  for  all
personnel acting in a school security capacity; AND
  1.   THE DESIGNATION OF THE SUPERINTENDENT, OR SUPERINTENDENT'S DESIG-
NEE, AS THE DISTRICT CHIEF EMERGENCY OFFICER RESPONSIBLE FOR  COORDINAT-
ING  COMMUNICATION  BETWEEN  SCHOOL  STAFF AND LAW ENFORCEMENT AND FIRST
RESPONDERS, AND ENSURING STAFF UNDERSTANDING OF THE DISTRICT-LEVEL SAFE-
TY PLAN. THE CHIEF EMERGENCY  OFFICER  SHALL  ALSO  BE  RESPONSIBLE  FOR
ENSURING  THE COMPLETION AND YEARLY UPDATING OF BUILDING-LEVEL EMERGENCY
RESPONSE PLANS.
  3. A [school] BUILDING LEVEL emergency response plan, developed by the
building-level [school safety] EMERGENCY RESPONSE team defined in subdi-
vision four of this section, shall BE KEPT CONFIDENTIAL,  INCLUDING  BUT
NOT  LIMITED TO THE FLOOR PLANS, BLUEPRINTS, SCHEMATICS OR OTHER MAPS OF
THE SCHOOL INTERIOR, SCHOOL GROUNDS  AND  ROAD  MAPS  OF  THE  IMMEDIATE
SURROUNDING  AREA,  AND  SHALL  NOT  BE  DISCLOSED  EXCEPT TO AUTHORIZED
DEPARTMENT OR SCHOOL STAFF, AND  LAW  ENFORCEMENT  OFFICERS,  AND  SHALL
include the following elements:
  a.  policies  and  procedures  for  [the  safe evacuation of students,
teachers, other school personnel as well as visitors to  the  school  in
the  event of a serious violent incident or other emergency, which shall
include evacuation routes and shelter sites and procedures for  address-
ing  medical needs, transportation and emergency notification to persons
in parental relation to a student. For  purposes  of  this  subdivision,
"serious violent incident" means an incident of violent criminal conduct
that  is, or appears to be, life threatening and warrants the evacuation
of students and/or staff, as defined in regulations of the  commissioner
developed in conjunction with the division of criminal justice services]
RESPONSE  TO  EMERGENCY  SITUATIONS, SUCH AS THOSE REQUIRING EVACUATION,
SHELTERING, AND LOCK-DOWN. THESE POLICIES SHALL INCLUDE, AT  A  MINIMUM,
EVACUATION  ROUTES, SHELTER SITES, AND PROCEDURES FOR ADDRESSING MEDICAL
NEEDS, TRANSPORTATION AND EMERGENCY NOTIFICATION OF PARENTS AND  GUARDI-
ANS;
  b.  designation  of  an  emergency  response  team comprised of school
personnel, [local] law enforcement officials, FIRE OFFICIALS and  repre-
sentatives from local regional and/or state emergency response agencies,
other  appropriate incident response teams, and a post-incident response
team that includes  appropriate  school  personnel,  medical  personnel,

A. 9006--B                         49

mental  health counselors and others who can assist the school community
in coping with the aftermath of a violent incident;
  c.  [procedures  for assuring that crisis response and law enforcement
officials have access to] floor plans, blueprints, schematics  or  other
maps of the school interior, school grounds and road maps of the immedi-
ate surrounding area;
  d.  establishment  of  internal  and external communication systems in
emergencies;
  e. definition of the chain of command in a manner consistent with  the
national interagency incident management system/incident command system;
  f.  coordination  of  the [school safety] EMERGENCY RESPONSE plan with
the state-wide plan for disaster mental health services to  assure  that
the  school  has  access  to  federal,  state  and  local  mental health
resources in the event of a violent incident;
  g. procedures for review and the conduct of drills and other exercises
to test components of the emergency response plan; and
  h. policies and procedures for securing and restricting access to  the
crime  scene in order to preserve evidence in cases of violent crimes on
school property.
  4. Each district-wide school safety team shall  be  appointed  by  the
board  of  education,  or  the chancellor in the case of the city school
district of the city of New York, and shall include but not  be  limited
to representatives of the school board, student, teacher, administrator,
and  parent  organizations,  school  safety  personnel, and other school
personnel. Each building-level [school safety] EMERGENCY  RESPONSE  team
shall  be  appointed by the building principal, in accordance with regu-
lations or guidelines prescribed by the board of  education,  chancellor
or other governing body. Such building-level teams shall include but not
be  limited  to  representatives  of  teacher, administrator, and parent
organizations, school  safety  personnel  and  other  school  personnel,
community  members, [local] law enforcement officials, [local ambulance]
FIRE OFFICIALS or other  emergency  response  agencies,  and  any  other
representatives  the  board  of education, chancellor or other governing
body deems appropriate.
  5. [Each safety plan shall be reviewed by the appropriate school safe-
ty team on at  least  an  annual  basis,  and  updated  as  needed]  THE
DISTRICT-WIDE  SAFETY  PLAN  AND BUILDING-LEVEL EMERGENCY RESPONSE PLANS
SHALL BE REVIEWED BY THE APPROPRIATE TEAM ON AT LEAST  AN  ANNUAL  BASIS
AND UPDATED AS NEEDED.
  6.  Each  board of education, chancellor or other governing body shall
make each district-wide [and building-level school] safety  plan  avail-
able  for  public  comment  at least thirty days prior to its adoption[,
provided that only a summary of each building-level  emergency  response
plan  shall  be  made  available for public comment]. Such district-wide
[and building-level] plans may be adopted by the school board only after
at least one public hearing  that  provides  for  the  participation  of
school  personnel,  parents,  students and any other interested parties.
Each district shall file a copy  of  its  district-wide  [comprehensive]
safety  plan with the commissioner and all amendments to such plan shall
be filed with the commissioner no later than  thirty  days  after  their
adoption.
  [A]  7. EACH BOARD OF EDUCATION, CHANCELLOR OR OTHER GOVERNING BODY OR
OFFICER SHALL ENSURE A copy of each  building-level  [safety]  EMERGENCY
RESPONSE plan and any amendments thereto, shall be filed with the appro-
priate  local  law  enforcement  agency and with the state police within
thirty days of its adoption.   Building-level emergency  response  plans

A. 9006--B                         50

shall be confidential and shall not be subject to disclosure under arti-
cle six of the public officers law or any other provision of law. If the
board  of  education,  chancellor  or other governing body or chancellor
fails  to  file  such plan as required by this section, the commissioner
may, in an amount determined by the commissioner, withhold public  money
from the district until the district is in compliance.
  [7.  The  commissioner  may grant a waiver of the requirements of this
section to any school  district  or  board  of  cooperative  educational
services for a period of up to two years from the date of enactment upon
a  finding  by the commissioner that such district had adopted a compre-
hensive school safety plan on the effective date of this  section  which
is in substantial compliance with the requirements of this section.]
  8.  The  commissioner  shall  annually  report to the governor and the
legislature on the implementation and compliance with the provisions  of
this section.
  9. Whenever it shall have been demonstrated to the satisfaction of the
commissioner  that  a  school  district  has  failed  to adopt a code of
conduct which fully satisfies the requirements of  section  twenty-eight
hundred  one  of  this  article, or a [school safety plan] DISTRICT-WIDE
SAFETY PLAN OR BUILDING-LEVEL EMERGENCY RESPONSE PLANS  which  satisfies
the requirements of this section, or to faithfully and completely imple-
ment  [either  or  both] ALL THREE, the commissioner may, on thirty days
notice to the district, withhold from the district monies to be paid  to
such district for the current school year pursuant to section thirty-six
hundred  nine-a  of  this  chapter,  exclusive  of  monies to be paid in
respect of obligations to the retirement systems for school and district
staff and pursuant to collective bargaining agreements, or  the  commis-
sioner  may  direct  the  district  to expend up to such amount upon the
development and implementation  of  a  code  of  conduct  and  a  school
district  safety  plan as required by such sections. Prior to such with-
holding or redirection, the commissioner shall provide the  district  an
opportunity  to  present  evidence  of  extenuating  circumstances; when
combined with evidence that the district shall  promptly  comply  within
short  time frames that shall be established by the commissioner as part
of an agreement between the district and the commissioner,  the  commis-
sioner  may  temporarily  stay  the  withholding or redirection of funds
pending implementation of such agreement. If the district  promptly  and
fully  complies  with  the agreement and is in full compliance with this
section and section  twenty-eight  hundred  one  of  this  article,  the
commissioner shall abate the withholding in its entirety. Any failure to
meet  the obligations of the compliance agreement by the district within
the time frames established shall be considered a willful violation of a
commissioner's order by the members of the district board  for  purposes
of  subdivision  one  of section three hundred six of the education law.
Notwithstanding any other law, rule or regulation, such  transfer  shall
take  effect  upon  filing  of a notice thereof with the director of the
budget and the chairs of the senate finance and assembly ways and  means
committees.
  S  2. The section heading and subdivisions 1 and 1-a of section 807 of
the education law, the section heading as amended by chapter 765 of  the
laws  of  1964,  subdivision  1 as amended by chapter 143 of the laws of
1985 and subdivision 1-a as added by chapter 9 of the laws of 1991,  are
amended to read as follows:
  Fire  AND  EMERGENCY drills.  1. It shall be the duty of the principal
or other person in charge of every public or private  school  or  educa-
tional  institution  within  the state, other than colleges or universi-

A. 9006--B                         51

ties, to instruct and train the pupils by means of drills, so that  they
may in a sudden emergency be able to [leave the school building] RESPOND
APPROPRIATELY  in  the  shortest  possible time and without confusion or
panic.  Such  drills [or rapid dismissals] shall be held at least twelve
times in each school year, eight of which required drills shall be  held
between  September  first and December [first] THIRTY-FIRST of each such
year. [At least one-third of all such required drills shall  be  through
use of the fire escapes on buildings where fire escapes are provided. In
the course of at least one such drill, pupils shall be instructed in the
procedure  to  be  followed in the event that a fire occurs during lunch
period, provided however, that such additional instruction may be waived
where a drill is held during the regular school lunch period.  At  least
four] EIGHT OF ALL SUCH DRILLS SHALL BE EVACUATION DRILLS, FOUR OF WHICH
SHALL BE THROUGH USE OF THE FIRE ESCAPES ON BUILDINGS WHERE FIRE ESCAPES
ARE PROVIDED OR THROUGH THE USE OF IDENTIFIED SECONDARY MEANS OF EGRESS.
FOUR  OF  ALL  SUCH  REQUIRED  DRILLS SHALL BE LOCK-DOWN DRILLS.  DRILLS
SHALL BE CONDUCTED AT DIFFERENT TIMES OF THE SCHOOL DAY  WITH  AT  LEAST
ONE  OF  THE  EIGHT  REQUIRED  EVACUATION DRILLS OCCURRING DURING A MASS
GATHERING EVENT SUCH AS LUNCH  OR  ASSEMBLIES.  FOUR  additional  drills
shall  be  held  in  each  school year during the hours after sunset and
before sunrise in school buildings in which students are  provided  with
sleeping  accommodations.   At least two additional drills shall be held
during summer school in buildings where summer school is conducted,  and
one of such drills shall be held during the first week of summer school.
  1-a.  In  the  case  of  after-school programs, events or performances
which are conducted within a school building and which  include  persons
who do not regularly attend classes in such school building, the princi-
pal  or other person in charge of the building shall require the teacher
or person in charge of such after-school program, event  or  performance
to  notify  persons in attendance at the beginning of each such program,
event or performance, of the procedures to be followed in the  event  of
an emergency so that they may be able to [leave the building] RESPOND in
a timely, orderly manner.
  S 3. Subdivision 7 of section 3604 of the education law, as amended by
section  31  of  part B of chapter 57 of the laws of 2007, is amended to
read as follows:
  7. No district shall be entitled to any portion of such school  moneys
on  such  apportionment  unless  the  report of the trustees or board of
education for the preceding school  year  shall  show  that  the  public
schools  were actually in session in the district and taught by a quali-
fied teacher or by successive qualified teachers or by qualified  teach-
ers  for  not less than one hundred eighty days. The moneys payable to a
school district pursuant to section thirty-six hundred  nine-a  of  this
chapter  in  the current year shall be reduced by one one-hundred eight-
ieth of the district's total foundation aid for each day less  than  one
hundred  eighty  days  that the schools of the district were actually in
session, except that the commissioner may disregard such  reduction,  up
to five days, in the apportionment of public money, if he finds that the
schools  of the district were not in session for one hundred eighty days
because of extraordinarily adverse  weather  conditions,  impairment  of
heating  facilities,  insufficiency  of  water supply, shortage of fuel,
lack of electricity, natural gas leakage, unacceptable levels of  chemi-
cal substances, A CREDIBLE THREAT TO STUDENT SAFETY AS REASONABLY DETER-
MINED  BY A LEAD SCHOOL OFFICIAL or the destruction of a school building
either in whole or in part, and if, further, the commissioner finds that
such district cannot make up such days of instruction by using  for  the

A. 9006--B                         52

secondary  grades  all  scheduled vacation days which occur prior to the
first scheduled regents examination day in June, and for the  elementary
grades  all scheduled vacation days which occur prior to the last sched-
uled  regents examination day in June. For the purposes of this subdivi-
sion, "scheduled vacation days" shall mean days on which the schools  of
the  district  are not in session and for which no prohibition exists in
subdivision eight of this section for them to be in session.
  S 4. This act shall take effect July 1, 2016.

                                 PART C

                          Intentionally Omitted

                                 PART D

  Section 1. Clause (i) of subparagraph 4 of paragraph h of  subdivision
2  of section 355 of the education law, as amended by chapter 260 of the
laws of 2011, is amended to read as follows:
  (i) Commencing with  the  two  thousand  eleven--two  thousand  twelve
academic  year  and  ending  in  the  two thousand fifteen--two thousand
sixteen academic year the state university of New York board of trustees
shall be empowered  to  increase  the  resident  undergraduate  rate  of
tuition  by not more than three hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in  the  prior
academic  year,  provided  however that FOR THE TWO THOUSAND ELEVEN--TWO
THOUSAND TWELVE ACADEMIC YEAR AND  THEREAFTER  if  the  annual  resident
undergraduate rate of tuition would exceed five thousand dollars, then a
tuition  credit  for each eligible student, as determined and calculated
by the New York state higher education services corporation pursuant  to
section six hundred eighty-nine-a of this title, shall be applied toward
the tuition charged for each semester, quarter or term of study. Tuition
for  each  semester,  quarter  or term of study shall not be due for any
student eligible to receive such tuition credit until the tuition credit
is calculated and applied against the tuition  charged  for  the  corre-
sponding semester, quarter or term.
  S  2. Clause (ii) of subparagraph 4 of paragraph h of subdivision 2 of
section 355 of the education law, as amended by section 1 of part  P  of
chapter 57 of the laws of 2012, is amended to read as follows:
  (ii)  On  or before November thirtieth, two thousand eleven, the trus-
tees shall approve and submit to the chairs of  the  assembly  ways  and
means  committee and the senate finance committee and to the director of
the budget a master tuition plan setting forth the  tuition  rates  that
the  trustees  propose  for resident undergraduate students for the five
year period commencing with the two thousand eleven--two thousand twelve
academic year and  ending  in  the  two  thousand  fifteen-two  thousand
sixteen  academic year, and shall submit any proposed amendments to such
plan by November thirtieth of each subsequent  year  thereafter  through
November  thirtieth, two thousand fifteen, and provided further COMMENC-
ING IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE  ACADEMIC  YEAR  AND
ENDING  IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR,
that with the approval of the board of trustees, each university  center
may  increase  non-resident undergraduate tuition rates each year by not
more than ten percent over the tuition rates of the prior academic  year
for  a  five  year  period  [commencing  with the semester following the
semester in which the governor and the chancellor of the state universi-

A. 9006--B                         53

ty of New York approve the NY-SUNY 2020  proposal  for  such  university
center].
  S  3. Clause (iv) of subparagraph 4 of paragraph h of subdivision 2 of
section 355 of the education law is renumbered  clause  (v)  and  a  new
clause (iv) is added to read as follows:
  (IV)  THE  STATE SHALL APPROPRIATE ANNUALLY AND MAKE AVAILABLE GENERAL
FUND OPERATING SUPPORT INCLUDING FRINGE BENEFITS, FOR THE STATE  UNIVER-
SITY  IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAIL-
ABLE  TO  THE  STATE  UNIVERSITY  IN  STATE  FISCAL  YEAR  TWO  THOUSAND
ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
SEVENTEEN--TWO  THOUSAND EIGHTEEN AND THEREAFTER, THE STATE SHALL APPRO-
PRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT FOR  THE  STATE
UNIVERSITY  AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS IN AN AMOUNT
NOT LESS THAN THE AMOUNTS SEPARATELY APPROPRIATED AND MADE AVAILABLE  IN
THE  PRIOR  STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE SHALL APPRO-
PRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT  TO  COVER  ALL
MANDATORY  COSTS OF THE STATE UNIVERSITY AND THE STATE UNIVERSITY HEALTH
SCIENCE CENTERS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,  COLLECTIVE
BARGAINING COSTS INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER
NON-PERSONAL  SERVICE  COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND
OTHER INFLATIONARY EXPENSES INCURRED BY THE  STATE  UNIVERSITY  AND  THE
STATE  UNIVERSITY  HEALTH  SCIENCE  CENTERS.  IF  THE GOVERNOR, HOWEVER,
DECLARES A FISCAL EMERGENCY, AND  COMMUNICATES  SUCH  EMERGENCY  TO  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE AND SPEAKER OF THE ASSEMBLY, STATE
SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY  UNIVER-
SITY  MAY  BE  REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE
AFOREMENTIONED PROVISIONS SHALL NOT APPLY.
  S 4. Subparagraph (i) of paragraph (a) of  subdivision  7  of  section
6206  of  the  education  law,  as amended by chapter 260 of the laws of
2011, is amended to read as follows:
  (i) Commencing with  the  two  thousand  eleven--two  thousand  twelve
academic  year  and  ending  in  the  two thousand fifteen--two thousand
sixteen academic year, the city university of New York board of trustees
shall be empowered  to  increase  the  resident  undergraduate  rate  of
tuition  by not more than three hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in  the  prior
academic  year,  provided  however that FOR THE TWO THOUSAND ELEVEN--TWO
THOUSAND TWELVE ACADEMIC YEAR AND  THEREAFTER  if  the  annual  resident
undergraduate rate of tuition would exceed five thousand dollars, then a
tuition  credit  for each eligible student, as determined and calculated
by the New York state higher education services corporation pursuant  to
section  six  hundred  eighty-nine-a  of  this chapter, shall be applied
toward the tuition charged for each semester, quarter or term of  study.
Tuition for each semester, quarter or term of study shall not be due for
any  student  eligible  to receive such tuition credit until the tuition
credit is calculated and applied against the  tuition  charged  for  the
corresponding semester, quarter or term.
  S  5.  Paragraph (a) of subdivision 7 of section 6206 of the education
law is amended by adding a new subparagraph (iv) to read as follows:
  (IV) THE STATE SHALL APPROPRIATE ANNUALLY  AND  MAKE  AVAILABLE  STATE
SUPPORT  FOR OPERATING EXPENSES, INCLUDING FRINGE BENEFITS, FOR THE CITY
UNIVERSITY IN AN AMOUNT NOT LESS THAN  THE AMOUNT APPROPRIATED AND  MADE
AVAILABLE  TO  THE  CITY  UNIVERSITY  IN  STATE FISCAL YEAR TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
SEVENTEEN--TWO THOUSAND EIGHTEEN AND THEREAFTER, THE STATE SHALL  APPRO-
PRIATE  AND  MAKE  AVAILABLE STATE SUPPORT FOR OPERATING EXPENSE FOR THE

A. 9006--B                         54

CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPRO-
PRIATED AND MADE AVAILABLE IN THE PRIOR  STATE  FISCAL  YEAR;  PROVIDED,
FURTHER,  THE  STATE  SHALL  APPROPRIATE AND MAKE AVAILABLE GENERAL FUND
OPERATING  SUPPORT  TO COVER ALL MANDATORY COSTS OF THE CITY UNIVERSITY,
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS,
INCLUDING SALARY INCREMENTS, FRINGE  BENEFITS,  AND  OTHER  NON-PERSONAL
SERVICE  COSTS  SUCH AS UTILITY COSTS, BUILDING RENTALS AND OTHER INFLA-
TIONARY EXPENSES INCURRED BY  THE  CITY  UNIVERSITY.  IF  THE  GOVERNOR,
HOWEVER, DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO
THE  TEMPORARY  PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY,
STATE SUPPORT FOR OPERATING EXPENSES OF THE STATE  UNIVERSITY  AND  CITY
UNIVERSITY  MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND
THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY.
  S 6. Section 22-c of the state finance law is amended by adding a  new
subdivision 7 to read as follows:
  7.  FOR  THE FISCAL YEAR BEGINNING ON APRIL FIRST, TWO THOUSAND SEVEN-
TEEN AND EVERY FIFTH FISCAL YEAR THEREAFTER, THE GOVERNOR  SHALL  SUBMIT
TO  THE  LEGISLATURE  AS  PART OF THE ANNUAL EXECUTIVE BUDGET, FIVE-YEAR
CAPITAL PLANS FOR  THE  STATE  UNIVERSITY  OF  NEW  YORK  STATE-OPERATED
CAMPUSES  AND  CITY  UNIVERSITY OF NEW YORK SENIOR COLLEGES.  SUCH PLANS
SHALL PROVIDE FOR THE ANNUAL APPROPRIATION OF CAPITAL FUNDS TO COVER ONE
HUNDRED PERCENT OF THE ANNUAL CRITICAL MAINTENANCE NEEDS  IDENTIFIED  BY
EACH  UNIVERSITY SYSTEM, AND MAY INCLUDE FUNDS FOR NEW INFRASTRUCTURE OR
OTHER MAJOR CAPITAL INITIATIVES; PROVIDED  THAT  SUCH  FUNDING  FOR  NEW
INFRASTRUCTURE  OR  OTHER  MAJOR  CAPITAL  INITIATIVES  SHALL  NOT COUNT
TOWARDS MEETING THE OVERALL CRITICAL  MAINTENANCE  REQUIREMENT.  IN  THE
EVENT  THAT SUCH PLAN IS UNABLE TO FUND ONE HUNDRED PERCENT OF THE CRIT-
ICAL MAINTENANCE NEEDS DUE TO THE LIMITATION IMPOSED BY  ARTICLE  FIVE-B
OF  THIS  CHAPTER,  THE  DIRECTOR  OF THE BUDGET SHALL DEVELOP FIVE-YEAR
CAPITAL PLANS WHEREBY THE IMPLEMENTATION  OF  EACH  CAPITAL  PLAN  WOULD
ANNUALLY  REDUCE  THE  OVERALL  FACILITY  CONDITION INDEX (FCI) FOR EACH
UNIVERSITY SYSTEM. FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  "FACILITY
CONDITION  INDEX"  SHALL  MEAN  AN  INDUSTRY BENCHMARK THAT MEASURES THE
RATIO OF DEFERRED MAINTENANCE DOLLARS TO  REPLACEMENT  DOLLARS  FOR  THE
PURPOSES  OF ANALYZING THE EFFECT OF INVESTING IN FACILITY IMPROVEMENTS.
THE APPORTIONMENT  OF  CAPITAL  APPROPRIATIONS  TO  EACH  STATE-OPERATED
CAMPUS OR SENIOR COLLEGE SHALL BE BASED ON A METHODOLOGY TO BE DEVELOPED
BY THE DIRECTOR OF THE BUDGET, IN CONSULTATION WITH THE STATE UNIVERSITY
OF NEW YORK AND CITY UNIVERSITY OF NEW YORK.
  S 7. Section 16 of chapter 260 of the laws of 2011 amending the educa-
tion  law  and  the  New  York  state urban development corporation act,
relating to establishing components of the NY-SUNY 2020 challenge  grant
program, as amended by section 65-a of part HH of chapter 57 of the laws
of 2013, is amended to read as follows:
  S  16. This act shall take effect July 1, 2011; provided that sections
one, two, [three, four, five,] six, eight, nine,  ten,  eleven,  twelve,
thirteen,  fourteen  and  fifteen of this act shall expire 5 years after
such effective date when upon such date the provisions of this act shall
be deemed repealed.
  S 8. This act shall take effect immediately.

                                 PART E

  Section 1. The state finance law is amended by adding  a  new  section
99-y to read as follows:

A. 9006--B                         55

  S  99-Y. SUNY STONY BROOK AFFILIATION ESCROW FUND. 1.  NOTWITHSTANDING
ANY OTHER PROVISION OF LAW, RULE, REGULATION, OR PRACTICE TO THE CONTRA-
RY, THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE  COMPTROLLER
AND  THE  CHANCELLOR  OF THE STATE UNIVERSITY OF NEW YORK (SUNY) A TRUST
AND AGENCY FUND, TO BE KNOWN AS THE "SUNY STONY BROOK AFFILIATION ESCROW
FUND" WHICH SHALL BE AVAILABLE WITHOUT FISCAL YEAR LIMITATION.
  2.  THE  SUNY STONY BROOK AFFILIATION ESCROW FUND SHALL CONSIST OF (I)
ALL MONIES GENERATED THROUGH THE ACTIVITIES OF STONY BROOK AT  SOUTHAMP-
TON  HOSPITAL,  INCLUDING  BUT  NOT  LIMITED TO PATIENT REVENUE, FEDERAL
REIMBURSEMENT, AND OTHER  ASSOCIATED  REVENUE  SOURCES,  AND  (II)  RENT
PAYMENTS  MADE  BY  STONY  BROOK  UNIVERSITY HOSPITAL TO THE SOUTHAMPTON
HOSPITAL ASSOCIATION UNDER A CERTAIN LEASE  AGREEMENT  APPROVED  BY  THE
DIRECTOR OF THE BUDGET, THE OFFICE OF THE NEW YORK STATE ATTORNEY GENER-
AL AND THE OFFICE OF THE NEW YORK STATE COMPTROLLER.
  3.  MONIES  OF  THE  SUNY STONY BROOK AFFILIATION ESCROW FUND SHALL BE
EXPENDED ONLY FOR THE PURPOSES OF STONY BROOK HOSPITAL AT SOUTHAMPTON.
  S 2. This act shall take effect immediately.

                                 PART F

  Section 1. This act shall be known and may be cited as the  "New  York
state DREAM Act".
  S  2. The education law is amended by adding a new section 609 to read
as follows:
  S 609. NEW YORK DREAM FUND COMMISSION.  1. (A) THERE SHALL BE  CREATED
A  NEW  YORK DREAM FUND COMMISSION WHICH SHALL BE COMMITTED TO ADVANCING
THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
  (B) THE NEW YORK DREAM FUND COMMISSION SHALL  BE  COMPOSED  OF  TWELVE
MEMBERS TO BE APPOINTED AS FOLLOWS:
  (I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
  (II)  THREE  MEMBERS  SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
THE SENATE;
  (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (IV) ONE MEMBER SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
SENATE;
  (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY;
  (C)  TO  THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH COMMISSION SHALL
REFLECT THE RACIAL, ETHNIC, GENDER, LANGUAGE, AND  GEOGRAPHIC  DIVERSITY
OF THE STATE.
  (D)  TO  THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH COMMISSION SHALL
INCLUDE COLLEGE AND UNIVERSITY ADMINISTRATORS  AND  FACULTY,  AND  OTHER
INDIVIDUALS  COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE
CHILDREN OF IMMIGRANTS.
  (E) MEMBERS OF THE NEW YORK DREAM FUND  COMMISSION  SHALL  RECEIVE  NO
COMPENSATION FOR THEIR SERVICES.
  2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
  (I) ADMINISTER THE PROVISIONS OF THIS SECTION;
  (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
  (III)  ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE RESPONSIBIL-
ITY OF RAISING FUNDS FOR THE ADMINISTRATION  OF  THIS  SECTION  AND  ANY
EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS-
TRATING  AND  FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN OF IMMI-
GRANTS TO THE UNITED STATES;
  (IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
DREAM FUND;

A. 9006--B                         56

  (V) DEVELOP CRITERIA AND A SELECTION PROCESS  FOR  THE  RECIPIENTS  OF
SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
  (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
THE  COSTS  OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS AND OTHER
ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
GRANTS WITHIN HIGHER EDUCATION;
  (VII) ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR  HIGH
SCHOOL  COUNSELORS,  ADMISSIONS  OFFICERS, AND FINANCIAL AID OFFICERS OF
INSTITUTIONS OF HIGHER EDUCATION. THE TRAINING PROGRAMS  SHALL  INSTRUCT
PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
STUDENTS  WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT LIMITED
TO, IN-STATE TUITION AND SCHOLARSHIP PROGRAMS. TO THE  EXTENT  PRACTICA-
BLE, THE NEW YORK DREAM FUND COMMISSION SHALL OFFER THE TRAINING PROGRAM
TO  SCHOOL  DISTRICTS  AND  BOARDS  OF  COOPERATIVE EDUCATIONAL SERVICES
THROUGHOUT THE STATE, PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN  TO
SCHOOL  DISTRICTS  AND  BOARDS  OF COOPERATIVE EDUCATIONAL SERVICES WITH
LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL
DISTRICTS AND BOARDS OF COOPERATIVE  EDUCATIONAL  SERVICES  WITH  LESSER
NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
  (VIII)  ESTABLISH  A  PUBLIC  AWARENESS CAMPAIGN REGARDING EDUCATIONAL
OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE  THE  CHILDREN
OF IMMIGRANTS; AND
  (IX)  ESTABLISH,  BY  RULE,  PROCEDURES  FOR  ACCEPTING AND EVALUATING
APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND  ISSU-
ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
  (B)  TO  RECEIVE  A  SCHOLARSHIP  PURSUANT  TO THIS SECTION, A STUDENT
APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
  (I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE  ATTENDING
A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;
  (II)  HAVE  GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
  (III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE  FOR
AT  LEAST  TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL
OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
  (IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
STATES.
  (C) THE NEW YORK DREAM FUND COMMISSION AND THE  NEW  YORK  DREAM  FUND
SHALL  BE  FUNDED  ENTIRELY  BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS
SHALL BE APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND.   NO  FUNDS
OF  THE  NEW YORK DREAM FUND OR THE NEW YORK DREAM FUND COMMISSION SHALL
BE TRANSFERRED TO THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR  SHALL
BE  USED  FOR  ANY  PURPOSE  OTHER  THAN  THE PURPOSES SET FORTH IN THIS
SECTION.
  3. THE NEW YORK DREAM FUND COMMISSION AND  THE  NEW  YORK  DREAM  FUND
SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
  S 3. Subdivision 3 of section 661 of the education law is REPEALED.
  S 4. Paragraph a of subdivision 5 of section 661 of the education law,
as  amended  by  chapter  466 of the laws of 1977, is amended to read as
follows:
  a. (I) Except as provided in subdivision two of  section  six  hundred
seventy-four  OF  THIS  PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an
applicant for an award at the undergraduate level of study  must  either
[(i)]  (A) have been a legal resident of the state for at least one year
immediately preceding the beginning of the semester, quarter or term  of
attendance  for  which application for assistance is made, or [(ii)] (B)

A. 9006--B                         57

be a legal resident of the state and have been a legal  resident  during
his  last  two  semesters  of high school either prior to graduation, or
prior to admission to college. Provided further that  persons  shall  be
eligible  to  receive  awards  under  section six hundred sixty-eight or
section six hundred sixty-nine OF THIS  PART  who  are  currently  legal
residents of the state and are otherwise qualified.
  (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
APPLICANT  WITHOUT  LAWFUL  IMMIGRATION  STATUS SHALL BE ELIGIBLE FOR AN
AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
YEARS,  GRADUATED  FROM  A  REGISTERED  NEW  YORK  STATE HIGH SCHOOL AND
APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
UNDERGRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (B) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
SCHOOL  EQUIVALENCY  DIPLOMA,  RECEIVED  A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCA-
TION  FOR  THE  UNDERGRADUATE  STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 5. Paragraph b of subdivision 5 of section 661 of the education law,
as amended by chapter 466 of the laws of 1977, is  amended  to  read  as
follows:
  b.  [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, AN applicant for an award at the graduate level of study must
either [(i)] (A) have been a legal resident of the state  for  at  least
one year immediately preceding the beginning of the semester, quarter or
term  of  attendance  for  which  application for assistance is made, or
[(ii)] (B) be a legal resident of the state and have been a legal  resi-
dent  during  his  last  academic  year  of undergraduate study and have
continued to be a legal resident until  matriculation  in  the  graduate
program.
  (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
APPLICANT  WITHOUT  LAWFUL  IMMIGRATION  STATUS SHALL BE ELIGIBLE FOR AN
AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR  TWO
OR  MORE  YEARS,  GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCATION  FOR
THE  GRADUATE  STUDY  FOR  WHICH  AN AWARD IS SOUGHT WITHIN TEN YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (B) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
SCHOOL  EQUIVALENCY  DIPLOMA,  RECEIVED  A STATE HIGH SCHOOL EQUIVALENCY

A. 9006--B                         58

DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCA-
TION  FOR  THE  GRADUATE  STUDY  FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 6. Paragraph d of subdivision 5 of section 661 of the education law,
as  amended  by  chapter  844 of the laws of 1975, is amended to read as
follows:
  d. If an applicant for an award allocated on a  geographic  basis  has
more  than  one  residence  in  this state, his OR HER residence for the
purpose of this article shall be his OR HER place  of  actual  residence
during  the major part of the year while attending school, as determined
by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT  TO
SUBPARAGRAPH  (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF
THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE
INSTITUTION OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR  PURPOSES
OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
  S 7. Paragraph e of subdivision 5 of section 661 of the education law,
as  added  by  chapter  630  of  the laws of 2005, is amended to read as
follows:
  e. Notwithstanding any other provision of this article to the  contra-
ry,  the  New  York state [residency] eligibility [requirement] REQUIRE-
MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
SUBDIVISION ARE waived for a member, or the spouse  or  dependent  of  a
member,  of  the  armed  forces of the United States on full-time active
duty and stationed in this state.
  S 8. Paragraph h of subdivision 2 of section 355 of the education  law
is amended by adding a new subparagraph 10 to read as follows:
  (10)  SUCH  REGULATIONS  SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS
NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN  APPLICANT
WITHOUT  LAWFUL  IMMIGRATION  STATUS MAY HAVE THE PAYMENT OF TUITION AND
OTHER FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS  OR
OTHER  FINANCIAL  ASSISTANCE  AWARDED  UNDER  THE PROVISIONS OF ARTICLES
THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER,  PROVIDED
THAT  THE  STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)
OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  S  9. Subdivision 7 of section 6206 of the education law is amended by
adding a new paragraph (d) to read as follows:
  (D) THE TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS  NOT  A
LEGAL  RESIDENT  OF  NEW  YORK  STATE  BUT IS A UNITED STATES CITIZEN, A
PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN  APPLICANT
WITHOUT  LAWFUL  IMMIGRATION  STATUS MAY HAVE THE PAYMENT OF TUITION AND
OTHER FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS  OR
OTHER  FINANCIAL  ASSISTANCE  AWARDED  UNDER  THE PROVISIONS OF ARTICLES

A. 9006--B                         59

THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER,  PROVIDED
THAT  THE  STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)
OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  S  10.  Section  6305  of the education law is amended by adding a new
subdivision 8-a to read as follows:
  8-A. THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES  OF  A  STUDENT
WHO  IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT OF
NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL  RESI-
DENT,  A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL IMMI-
GRATION STATUS MAY BE REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS  AND
OTHER  FINANCIAL  ASSISTANCE  AWARDED  UNDER  THE PROVISIONS OF ARTICLES
THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER,  PROVIDED
THAT  THE  STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)
OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  S  11.  Paragraph  d of subdivision 3 of section 6451 of the education
law, as amended by chapter 149 of the laws of 1972, is amended  to  read
as follows:
  d.  Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such enrolled  students,
INCLUDING  STUDENTS  WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE
STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)  OF  PARA-
GRAPH  A  OR  SUBPARAGRAPH  (II)  OF  PARAGRAPH B OF SUBDIVISION FIVE OF
SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE;  provided,
however,  that such supplemental financial assistance shall be furnished
pursuant to criteria promulgated by the commissioner with  the  approval
of the director of the budget.
  S 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
of  the  education  law, as added by chapter 917 of the laws of 1970, is
amended to read as follows:
  (v) Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such students, INCLUDING
STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS  PROVIDED  THAT  THE  STUDENT
MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR
SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE  OF  SECTION  SIX
HUNDRED  SIXTY-ONE  OF  THIS  CHAPTER, AS APPLICABLE; provided, however,
that such supplemental financial assistance shall be furnished  pursuant
to criteria promulgated by such universities and approved by the regents
and the director of the budget.
  S  13. Paragraph (a) of subdivision 2 of section 6455 of the education
law, as added by chapter 285 of the laws of 1986, is amended to read  as
follows:
  (a)  (I) Undergraduate science and technology entry program moneys may
be used for tutoring, counseling, remedial and special  summer  courses,
supplemental  financial  assistance,  program  administration, and other
activities which the commissioner may deem appropriate. To  be  eligible
for  undergraduate  collegiate  science  and  technology  entry  program
support, a student must be a resident of New York [who is], OR MEET  THE
REQUIREMENTS  OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
economically disadvantaged or from a minority group  historically  under
represented  in  the  scientific,  technical,  health and health-related
professions, and [who demonstrates] MUST DEMONSTRATE interest in  and  a
potential for a professional career if provided special services. Eligi-
ble students must be in good academic standing, enrolled full time in an

A. 9006--B                         60

approved,  undergraduate  level  program  of  study,  as  defined by the
regents.
  (II)  AN  APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
WHO IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL  RESIDENT,  A  LAWFUL
NON-IMMIGRANT  ALIEN  OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS,
SHALL BE ELIGIBLE FOR AN AWARD  AT  THE  UNDERGRADUATE  LEVEL  OF  STUDY
PROVIDED THAT THE STUDENT:
  (1)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A  REGISTERED  NEW  YORK  STATE  HIGH  SCHOOL  AND
APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN  FIVE  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
FIVE  YEARS  OF  RECEIVING  A  STATE  HIGH  SCHOOL  EQUIVALENCY DIPLOMA,
ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR  MORE  YEARS,
GRADUATED  FROM  AN  APPROVED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR
ATTENDANCE AT AN INSTITUTION OF HIGHER EDUCATION WITHIN  FIVE  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S  14. Paragraph (a) of subdivision 3 of section 6455 of the education
law, as added by chapter 285 of the laws of 1986, is amended to read  as
follows:
  (a)  (I)  Graduate  science and technology entry program moneys may be
used for recruitment, academic enrichment, career planning, supplemental
financial assistance, review for licensing examinations, program  admin-
istration,  and  other activities which the commissioner may deem appro-
priate. To be eligible for graduate collegiate  science  and  technology
entry  program  support,  a  student must be a resident of New York [who
is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II)  OF  THIS  PARAGRAPH,
AND  MUST  BE either economically disadvantaged or from a minority group
historically underrepresented in the scientific, technical  and  health-
related  professions.  Eligible students must be in good academic stand-
ing, enrolled full time  in  an  approved  graduate  level  program,  as
defined by the regents.
  (II)  AN  APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  BE  ELIGIBLE  FOR  AN  AWARD  AT THE UNDERGRADUATE LEVEL OF STUDY
PROVIDED THAT THE STUDENT:
  (1) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR  TWO
OR  MORE  YEARS,  GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCATION  FOR

A. 9006--B                         61

THE  GRADUATE  STUDY  FOR  WHICH  AN AWARD IS SOUGHT WITHIN TEN YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S  15.  Subparagraph  (i)  of  paragraph a of subdivision 2 of section
695-e of the education law, as amended by chapter 593  of  the  laws  of
2003, is amended to read as follows:
  (i)  the name, address and social security number [or], employer iden-
tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
account  owner  UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR
TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN
THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA-
TION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION  NUMBER  SHALL  BE
ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
  S  16.  Subparagraph  (iii) of paragraph a of subdivision 2 of section
695-e of the education law, as amended by chapter 593  of  the  laws  of
2003, is amended to read as follows:
  (iii)  the  name,  address, and social security number, EMPLOYER IDEN-
TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
designated  beneficiary,  UNLESS  A  FAMILY  TUITION ACCOUNT THAT WAS IN
EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
THOUSAND  SIXTEEN  THAT  AMENDED  THIS SUBPARAGRAPH DOES NOT ALLOW FOR A
TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION
NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
  S  17.  The president of the higher education services corporation, in
consultation with the commissioner  of  education,  shall  establish  an
application  form  and  procedures  that shall allow a student applicant
that meets the requirements set forth in subparagraph (ii) of  paragraph
a or subparagraph (ii) of paragraph b of subdivision 5 of section 661 of
the  education  law  to  apply directly to the higher education services
corporation or education department for applicable awards without having
to submit information to any other state or federal agency. All informa-
tion contained within the applications filed with  such  corporation  or
department shall be deemed confidential.
  S 18. This act shall take effect immediately; provided, however, that:
  (a) section two of this act shall take effect January 1, 2017;
  (b)  sections fifteen and sixteen of this act shall take effect on the
ninetieth day after it shall have become a law; provided, however,  that
any  rule  or regulation necessary for the timely implementation of this
act on its effective date shall be promulgated on or before such  effec-
tive date; and

A. 9006--B                         62

  (c)  sections three through fourteen and section seventeen of this act
shall take effect on the ninetieth day after the issuance of regulations
and the development of an application form by the president of the high-
er education services corporation and commissioner of  education  or  on
the  ninetieth  day after it shall have become a law, whichever shall be
later; provided, however that effective immediately the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized and  directed  to
be  made and completed on or before such date; provided, further, howev-
er, that the president of the higher education services corporation  and
the commissioner of education shall notify the legislative bill drafting
commission  upon  the  occurrence of the issuance of the regulations and
the development of an application form in order that the commission  may
maintain an accurate and timely effective data base of the official text
of  the laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of  the
public officers law.

                                 PART G

  Section 1. Subdivision (a) of section 50 of chapter 161 of the laws of
2005  amending the education law relating to the New York state licensed
social worker loan forgiveness program, as amended by section 1 of  part
M of chapter 58 of the laws of 2011, is amended to read as follows:
  (a)  [section two of this act shall expire and be deemed repealed June
30, 2016; and provided, further that] the amendment to  paragraph  b  of
subdivision  1  of  section  679-c  and  the amendment to paragraph 2 of
subdivision a of section 679-d of the education  law  made  by  sections
three  and four of this act shall not affect the repeal of such sections
and shall be deemed repealed therewith;
  S 2. Section 3 of part V of chapter 57 of the laws  of  2005  amending
the  education  law  relating to the New York state nursing faculty loan
forgiveness incentive program and the New  York  state  nursing  faculty
scholarship  program, as amended by section 1 of part L of chapter 58 of
the laws of 2011, is amended to read as follows:
  S 3. This act shall take effect on the  same  date  and  in  the  same
manner as Part H of this chapter[; provided that section two of this act
shall  take  effect on the same date and in the same manner as Part I of
this chapter; and provided further that this act  shall  expire  and  be
deemed repealed on June 30, 2016].
  S  3. Section 17 of chapter 31 of the laws of 1985 amending the educa-
tion law relating to regents scholarships  in  certain  professions,  as
amended  by  section  1  of part K of chapter 58 of the laws of 2011, is
amended to read as follows:
  S 17. This act shall take effect immediately; provided, however,  that
the  scholarship  and  loan forgiveness programs established pursuant to
the provisions of this act shall terminate upon  the  granting  of  such
awards for the 2008-2009 school year provided, however, that the regents
physician  loan  forgiveness  program  established  pursuant to this act
shall [not terminate until the granting of such awards] CONTINUE for the
2015-16 school year[,  provided  that  the  final  disbursement  of  any
multi-year  awards granted in such school year shall be paid] AND THERE-
AFTER.
  S 4. Paragraph a of subdivision 5 of section 679-c  of  the  education
law,  as  amended  by  section 1 of part E3 of chapter 57 of the laws of
2007, is amended to read as follows:

A. 9006--B                         63

  a. The corporation shall convert to a student loan the full amount  of
the  award given pursuant to this section, plus interest, according to a
schedule to be determined by the corporation if: (1) three  years  after
the  completion  of the degree program it is found that an applicant did
not begin to provide nursing faculty or clinical nurse faculty services;
(2) if such applicant does not provide nursing faculty or clinical nurs-
ing faculty services for four years within seven years of the completion
of the master's degree program in nursing or doctoral degree; or (3) the
student fails to receive a master's degree in nursing or doctoral degree
that  will  qualify  them as nursing faculty or adjunct clinical faculty
within the three years of receiving the award.  THE TERMS AND CONDITIONS
OF THIS SUBDIVISION SHALL BE DEFERRED FOR ANY INTERRUPTION  IN  GRADUATE
OR  DOCTORAL  STUDY  OR EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGU-
LATIONS  OF  THE  CORPORATION.  ANY  OBLIGATION  TO  COMPLY  WITH   SUCH
PROVISIONS AS OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH
OF THE RECIPIENT.  NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO
THE  CONTRARY,  THE  CORPORATION  IS  AUTHORIZED TO PROMULGATE RULES AND
REGULATIONS TO PROVIDE FOR THE WAIVER OR  SUSPENSION  OF  ANY  FINANCIAL
OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  S  5.  Subdivision 5 of section 669-d of the education law, as amended
by section 1 of part H1 of section 109 of the laws of 2006,  is  amended
to read as follows:
  5.  The corporation shall convert to a student loan the full amount of
the award given pursuant to this section, plus interest, according to  a
schedule to be determined by the corporation if: (a) two years after the
completion of the degree program and receipt of initial certification it
is  found  that  a  recipient  is  not  teaching in the field of math or
science in a school located within New York  state  providing  secondary
education  recognized  by  the board of regents or the university of the
state of New York; or (b) a recipient has not taught  in  the  field  of
math  or  science  in  a  school located within New York state providing
secondary education recognized by the board of regents or the university
of the state of  New  York  for  five  of  the  seven  years  after  the
completion  of  the degree program and receipt of initial certification;
or (c) a recipient fails to complete their  degree  program  or  changes
majors to an undergraduate degree program other than in science or math;
or  (d)  a recipient fails to receive or maintain their teaching certif-
icate or license in New York state; or (e) a recipient fails to  respond
to  requests by the corporation for the status of his or her academic or
professional progress.   THE TERMS AND CONDITIONS  OF  THIS  SUBDIVISION
SHALL  BE  DEFERRED  FOR  ANY  INTERRUPTION IN UNDERGRADUATE OR GRADUATE
STUDY OR EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGULATIONS  OF  THE
CORPORATION.  ANY  OBLIGATION TO COMPLY WITH SUCH PROVISIONS AS OUTLINED
IN THIS SECTION SHALL BE CANCELLED UPON  THE  DEATH  OF  THE  RECIPIENT.
NOTWITHSTANDING  ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY, THE
CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE
FOR THE WAIVER OR SUSPENSION OF ANY  FINANCIAL  OBLIGATION  WHICH  WOULD
INVOLVE EXTREME HARDSHIP.
  S  6. This act shall take effect immediately; provided that the amend-
ments to paragraph a of subdivision 5 of section 679-c of the  education
law made by section four of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.

                                 PART H

                          Intentionally Omitted

A. 9006--B                         64

                                 PART I

  Section  1. Section 34 of chapter 91 of the laws of 2002, amending the
education law and other laws relating to reorganization of the New  York
city  school  construction  authority,  board of education and community
boards, as amended by section 1 of subpart D of part B of chapter 20  of
the laws of 2015, is amended to read as follows:
  S 34. This act shall take effect July 1, 2002; provided, that sections
one  through  twenty, twenty-four, and twenty-six through thirty of this
act shall expire and be deemed repealed June 30, [2016]  2023  provided,
further,  that notwithstanding any provision of article 5 of the general
construction law, on June 30, [2016] 2023 the provisions of subdivisions
3, 5, and 8, paragraph b of subdivision 13, subdivision  14,  paragraphs
b,  d,  and  e  of subdivision 15, and subdivisions 17 and 21 of section
2554 of the education law as repealed by  section  three  of  this  act,
subdivision  1  of  section  2590-b  of the education law as repealed by
section six of this act, paragraph  (a)  of  subdivision  2  of  section
2590-b  of  the  education law as repealed by section seven of this act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as repealed by section twenty-six of this act, subdivision 1 of  section
2590-e  of the education law as repealed by section twenty-seven of this
act, subdivision 28 of section 2590-h of the education law  as  repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision  30-a  of  section  2590-h  of  the  education law as repealed by
section thirty of this  act  shall  be  revived  and  be  read  as  such
provisions  existed  in law on the date immediately preceding the effec-
tive date of this act; provided, however, that sections seven and  eight
of  this  act  shall  take effect on November 30, 2003; provided further
that the amendments to subdivision 25 of section 2554 of  the  education
law  made  by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 12 of chapter  147
of  the  laws of 2001, as amended, when upon such date the provisions of
section four of this act shall take effect.
  S 2. Subdivision 12 of section 17 of chapter 345 of the laws of  2009,
amending  the education law and other laws relating to the New York city
board of education, chancellor, community councils, and community super-
intendents, as amended by section 2 of subpart D of part B of chapter 20
of the laws of 2015, is amended to read as follows:
  12. any provision in sections one, two, three, four, five, six, seven,
eight, nine, ten and eleven of this act  not  otherwise  set  to  expire
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
section  17 of chapter 123 of the laws of 2003, as amended, shall expire
and be deemed repealed June 30, [2016] 2023.
  S 3. This act shall take effect immediately.

                                 PART J

  Section 1. Subdivision 1 of section 813 of the labor law,  as  amended
by chapter 55 of the laws of 1992, is amended to read as follows:
  1.  The  governor  shall  appoint  a state apprenticeship and training
council, composed of three representatives from  employer  organizations
[and], three REPRESENTATIVES from employee organizations and [one repre-
sentative]  TWO REPRESENTATIVES of the general public[, who shall be the
chairman].  THE REPRESENTATIVES OF THE GENERAL PUBLIC  MAY  INCLUDE  BUT

A. 9006--B                         65

NOT BE LIMITED TO REPRESENTATIVES OF PUBLIC COLLEGES, COMMUNITY COLLEGES
OR  BOARDS  OF  COOPERATIVE  EDUCATIONAL  SERVICES  THAT HAVE EXPERIENCE
PROVIDING RELATED INSTRUCTION FOR APPRENTICESHIP PROGRAMS. THE  GOVERNOR
SHALL  DESIGNATE  ONE OF THE PUBLIC MEMBERS AS THE CHAIR. The council by
majority vote may designate one of its members, other than  the  [chair-
man]  CHAIR,  as  [vice-chairman]  VICE-CHAIR  to  act in the absence or
inability of the [chairman] CHAIR. Each member shall be appointed for  a
term  of  three  years.  Each  member shall hold office until his or her
successor is appointed and has  qualified,  and  any  vacancy  shall  be
filled by appointment for the unexpired portion of the term. The present
members  of  the council shall continue to hold office until the expira-
tion of their present terms or their earlier terminations by resignation
or inability to act. The commissioner of education, the commissioner  of
labor and the commissioner of economic development shall [ex officio be]
BE  EX  OFFICIO members of such council without vote. The members of the
council shall not receive a salary or other compensation, but  shall  be
reimbursed  for transportation and other expenses actually and necessar-
ily incurred in the performance of their duties under this article.
  S 2. This act shall take effect immediately.

                                 PART K

  Section 1. Paragraph (n) of subdivision 5 of section 651 of the  labor
law,  as  amended by chapter 481 of the laws of 2010, is amended to read
as follows:
  (n) by [a] THE federal[, state or municipal] government  or  political
subdivision  thereof.  The exclusions from the term "employee" contained
in this subdivision shall be as defined by regulations  of  the  commis-
sioner; or
  S  2.  Subdivision  6  of  section 651 of the labor law, as amended by
chapter 281 of the laws of 2002, is amended to read as follows:
  6.  "Employer"  includes  any  individual,  partnership,  association,
corporation,  limited liability company, business trust, legal represen-
tative, STATE OR MUNICIPAL GOVERNMENT OR POLITICAL SUBDIVISION  THEREOF,
or any organized group of persons acting as employer.
  S  3.  Subdivision  1  of  section 652 of the labor law, as amended by
section 1 of part P of chapter 57 of the laws of  2013,  is  amended  to
read as follows:
  1.  Statutory.  (A)  Every employer shall pay to each of its employees
for each hour worked a wage of not less than:
  $4.25 on and after April 1, 1991,
  $5.15 on and after March 31, 2000,
  $6.00 on and after January 1, 2005,
  $6.75 on and after January 1, 2006,
  $7.15 on and after January 1, 2007,
  $8.00 on and after December 31, 2013,
  $8.75 on and after December 31, 2014,
  $9.00 on and after December 31, 2015, or, if greater, such other  wage
as  may  be established by federal law pursuant to 29 U.S.C. section 206
or its successors
or such other  wage  as  may  be  established  in  accordance  with  the
provisions of this article.
  (B)  EMPLOYERS  IN ALL AREAS OF THE STATE NOT COVERED BY PARAGRAPH (C)
OF THIS SUBDIVISION SHALL PAY TO EACH OF ITS  EMPLOYEES  FOR  EACH  HOUR
WORKED A WAGE OF NOT LESS THAN:
  $9.75 ON AND AFTER JULY 1, 2016,

A. 9006--B                         66

  $10.75 ON AND AFTER DECEMBER 31, 2016,
  $11.75 ON AND AFTER DECEMBER 31, 2017,
  $12.75 ON AND AFTER DECEMBER 31, 2018,
  $13.75 ON AND AFTER DECEMBER 31, 2019,
  $14.50 ON AND AFTER DECEMBER 31, 2020, AND
  $15.00,  AND  ON  AND  AFTER  DECEMBER  31, 2021 AND ON EACH FOLLOWING
DECEMBER THIRTY-FIRST, THE COMMISSIONER SHALL CALCULATE AND ESTABLISH AN
ADJUSTED MINIMUM WAGE RATE BY INCREASING THE THEN CURRENT  MINIMUM  WAGE
RATE  BY  THE  RATE OF INFLATION FOR THE MOST RECENT TWELVE MONTH PERIOD
AVAILABLE PRIOR TO EACH DECEMBER THIRTY-FIRST USING THE  CONSUMER  PRICE
INDEX-ALL  URBAN CONSUMERS, CPI-U, OR A SUCCESSOR INDEX AS CALCULATED BY
THE UNITED STATES DEPARTMENT OF LABOR, IF  SUCH  RATE  OF  INFLATION  IS
GREATER  THAN  ZERO  PERCENT,  OR, IF GREATER, SUCH OTHER WAGE AS MAY BE
ESTABLISHED BY FEDERAL LAW PURSUANT TO 29  U.S.C.  SECTION  206  OR  ITS
SUCCESSORS  OR  SUCH OTHER WAGE AS MAY BE ESTABLISHED IN ACCORDANCE WITH
THE PROVISIONS OF THIS ARTICLE.
  (C) EMPLOYERS IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION AND
IN COUNTIES WITH A POPULATION OF NINE HUNDRED THOUSAND OR MORE THAT FALL
WITHIN THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS  DEFINED  IN
SECTION  TWELVE  HUNDRED  SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW, SHALL
PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED A  WAGE  OF  NOT  LESS
THAN:
  $10.50 ON AND AFTER JULY 1, 2016,
  $12.00 ON AND AFTER DECEMBER 31, 2016,
  $13.50 ON AND AFTER DECEMBER 31, 2017, AND
  $15.00  ON  AND AFTER DECEMBER 31, 2018 AND ON EACH FOLLOWING DECEMBER
THIRTY-FIRST, THE COMMISSIONER SHALL CALCULATE AND ESTABLISH AN ADJUSTED
MINIMUM WAGE RATE BY INCREASING THE THEN CURRENT MINIMUM  WAGE  RATE  BY
THE  RATE OF INFLATION FOR THE MOST RECENT TWELVE MONTH PERIOD AVAILABLE
PRIOR TO EACH DECEMBER THIRTY-FIRST USING THE CONSUMER  PRICE  INDEX-ALL
URBAN CONSUMERS, CPI-U, OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED
STATES  DEPARTMENT  OF  LABOR, IF SUCH RATE OF INFLATION IS GREATER THAN
ZERO PERCENT, OR, IF GREATER, SUCH OTHER WAGE AS MAY BE  ESTABLISHED  BY
FEDERAL  LAW PURSUANT TO 29 U.S.C. SECTION 206 OR ITS SUCCESSORS OR SUCH
OTHER WAGE AS MAY BE ESTABLISHED IN ACCORDANCE WITH  THE  PROVISIONS  OF
THIS ARTICLE.
  (D)  THE  RATES  AND  SCHEDULE  ESTABLISHED IN SUBDIVISION (C) OF THIS
SECTION SHALL NOT BE DEEMED TO BE THE MINIMUM WAGE FOR PURPOSES  OF  THE
CALCULATIONS  SPECIFIED  IN  SUBDIVISIONS  ONE  AND  TWO OF SECTION FIVE
HUNDRED TWENTY-SEVEN OF THIS CHAPTER.
  S 4. Subdivision 1 of section 92 of part H of chapter 59 of  the  laws
of 2011, amending the public health law and other laws relating to known
and  projected department of health state fund medicaid expenditures, as
amended by section 8 of part B of chapter 57 of the  laws  of  2015,  is
amended to read as follows:
  1. For state fiscal years 2011-12 through 2016-17, the director of the
budget,  in  consultation  with the commissioner of health referenced as
"commissioner" for purposes of this section, shall assess on  a  monthly
basis,  as  reflected in monthly reports pursuant to subdivision five of
this section known and projected department of health state funds  medi-
caid  expenditures  by category of service and by geographic regions, as
defined by the commissioner, and if the director of  the  budget  deter-
mines  that  such  expenditures are expected to cause medicaid disburse-
ments for such period to exceed the projected department of health medi-
caid state funds disbursements in  the  enacted  budget  financial  plan
pursuant  to  subdivision  3 of section 23 of the state finance law, the

A. 9006--B                         67

commissioner of health, in consultation with the director of the budget,
shall develop a medicaid savings allocation plan to limit such  spending
to  the  aggregate limit level specified in the enacted budget financial
plan,  provided, however, such projections may be adjusted by the direc-
tor of the budget to account for any  changes  in  the  New  York  state
federal medical assistance percentage amount established pursuant to the
federal social security act, changes in provider revenues, reductions to
local  social  services  district medical assistance administration, and
beginning April 1, 2012 the operational costs  of  the  New  York  state
medical  indemnity fund and state costs or savings from the basic health
plan.  Such projections may be adjusted by the director of the budget to
account for increased or expedited  department  of  health  state  funds
medicaid  expenditures  as a result of a natural or other type of disas-
ter, including a governmental declaration of emergency.  FOR PURPOSES OF
THIS SECTION, FOR PERIODS ON AND AFTER JULY 1, 2016, MEDICAID  DISBURSE-
MENTS SHALL NOT INCLUDE ANY ADDITIONAL EXPENDITURES RELATED TO INCREASES
IN  THE  MINIMUM  WAGE  ESTABLISHED PURSUANT TO SECTION 652 OF THE LABOR
LAW.
  S 5. Section 3614-c of the public health law, as added by  section  33
of  part  H  of  chapter  59  of the laws of 2011, is amended to read as
follows:
  S 3614-c. Home care worker wage parity. 1. As used  in  this  section,
the following terms shall have the following meaning:
  (a)  "Living  wage  law"  means  any law enacted by Nassau, Suffolk or
Westchester county or a city with a population of one  million  or  more
which  establishes  a minimum wage for some or all employees who perform
work on contracts with such county or city.
  (b) "Total compensation" means all wages and other direct compensation
paid to or provided on behalf of the employee including, but not limited
to, wages, health, education or pension benefits, supplements in lieu of
benefits and compensated time off,  except  that  it  does  not  include
employer  taxes  or employer portion of payments for statutory benefits,
including but not limited to FICA,  disability  insurance,  unemployment
insurance and workers' compensation.
  (c)  "Prevailing  rate of total compensation" means the average hourly
amount of total compensation paid to all  home  care  aides  covered  by
whatever  collectively bargained agreement covers the greatest number of
home care aides in a city with a population of one million or more.  For
purposes  of  this  definition, any set of collectively bargained agree-
ments in such city with substantially  the  same  terms  and  conditions
relating  to  total compensation shall be considered as a single collec-
tively bargained agreement.
  (d) "Home care aide" means a home health  aide,  personal  care  aide,
home  attendant  or  other  licensed  or unlicensed person whose primary
responsibility includes the provision of in-home assistance with  activ-
ities  of  daily  living,  instrumental  activities  of  daily living or
health-related tasks; provided, however, that home care  aide  does  not
include  any  individual (i) working on a casual basis, or (ii) who is a
relative through blood, marriage or adoption of: (1)  the  employer;  or
(2)  the  person  for  whom  the  worker is delivering services, under a
program funded or administered by federal, state or local government.
  (e) "Managed care plan" means any managed care  program,  organization
or  demonstration  covering  personal care or home health aide services,
and which receives premiums funded, in whole or in part, by the New York
state medical assistance program, including but not limited to all Medi-
caid managed care, Medicaid managed long term care, Medicaid  advantage,

A. 9006--B                         68

and Medicaid advantage plus plans and all programs of all-inclusive care
for the elderly.
  (f)  "Episode  of care" means any service unit reimbursed, in whole or
in part, by the New  York  state  medical  assistance  program,  whether
through  direct reimbursement or covered by a premium payment, and which
covers, in whole or in part, any service provided by a home  care  aide,
including but not limited to all service units defined as visits, hours,
days, months or episodes.
  (G)  "CASH  PORTION OF THE MINIMUM RATE OF HOME CARE AID TOTAL COMPEN-
SATION" MEANS THE MINIMUM AMOUNT OF HOME CARE  AIDE  TOTAL  COMPENSATION
THAT  MAY  BE  PAID  IN  CASH  WAGES, AS DETERMINED BY THE DEPARTMENT IN
CONSULTATION WITH THE DEPARTMENT OF LABOR.
  (H) "BENEFIT PORTION OF THE MINIMUM  RATE  OF  HOME  CARE  AIDE  TOTAL
COMPENSATION"  MEANS  THE  PORTION  OF HOME CARE AIDE TOTAL COMPENSATION
THAT MAY BE PAID IN CASH OR HEALTH, EDUCATION OR PENSION BENEFITS,  WAGE
DIFFERENTIALS, SUPPLEMENTS IN LIEU OF BENEFITS AND COMPENSATED TIME OFF,
AS  DETERMINED  BY THE DEPARTMENT IN CONSULTATION WITH THE DEPARTMENT OF
LABOR. CASH WAGES PAID PURSUANT TO INCREASES IN  THE  STATE  OR  FEDERAL
MINIMUM  WAGE CANNOT BE USED TO SATISFY THE BENEFIT PORTION OF THE MINI-
MUM RATE OF HOME CARE AIDE TOTAL COMPENSATION.
  2. Notwithstanding any inconsistent provision of law,  rule  or  regu-
lation,  no  payments  by government agencies shall be made to certified
home health agencies, long term home health  care  programs  or  managed
care  plans  for  any episode of care furnished, in whole or in part, by
any home care aide who is compensated at amounts less than the  applica-
ble minimum rate of home care aide total compensation established pursu-
ant to this section.
  3. (a) The minimum rate of home care aide total compensation in a city
with a population of one million or more shall be:
  (i)  for  the period March first, two thousand twelve through February
twenty-eighth, two  thousand  thirteen,  ninety  percent  of  the  total
compensation mandated by the living wage law of such city;
  (ii)  for the period March first, two thousand thirteen through Febru-
ary twenty-eighth, two thousand fourteen,  ninety-five  percent  of  the
total compensation mandated by the living wage law of such city;
  (iii) for [all periods on and after] THE PERIOD March first, two thou-
sand  fourteen  THROUGH MARCH THIRTY-FIRST TWO THOUSAND SIXTEEN, no less
than the prevailing rate of total compensation as of January first,  two
thousand  eleven,  or the total compensation mandated by the living wage
law of such city, whichever is greater;
  (IV) FOR ALL PERIODS ON OR AFTER APRIL FIRST,  TWO  THOUSAND  SIXTEEN,
THE  CASH  PORTION  OF  THE MINIMUM RATE OF HOME CARE AIDE TOTAL COMPEN-
SATION SHALL BE TEN DOLLARS OR THE MINIMUM WAGE AS LAID OUT IN PARAGRAPH
(C) OF SUBDIVISION ONE OF SECTION SIX HUNDRED  FIFTY-TWO  OF  THE  LABOR
LAW,  WHICHEVER  IS  HIGHER.  THE BENEFIT PORTION OF THE MINIMUM RATE OF
HOME CARE AIDE TOTAL COMPENSATION SHALL BE FOUR DOLLARS AND NINE CENTS.
  (b) The minimum rate of home care aide total compensation in the coun-
ties of Nassau, Suffolk and Westchester shall be:
  (i) for the period March first, two thousand thirteen through February
twenty-eighth, two  thousand  fourteen,  ninety  percent  of  the  total
compensation  mandated by the living wage law as set on March first, two
thousand thirteen of a city with a population of a million or more;
  (ii) for the period March first, two thousand fourteen through  Febru-
ary  twenty-eighth,  two  thousand  fifteen,  ninety-five percent of the
total compensation mandated by the living  wage  law  as  set  on  March

A. 9006--B                         69

first, two thousand fourteen of a city with a population of a million or
more;
  (iii) for the period March first, two thousand fifteen, through Febru-
ary  twenty-eighth,  two  thousand  sixteen,  one hundred percent of the
total compensation mandated by the living  wage  law  as  set  on  March
first,  two thousand fifteen of a city with a population of a million or
more;
  (iv) for all periods on or after March first,  two  thousand  sixteen,
[the  lesser of (i) one hundred and fifteen percent of the total compen-
sation mandated by the living wage law as set on  March  first  of  each
succeeding  year  of a city with a population of one million or more or;
(ii) the total compensation mandated by the living wage law  of  Nassau,
Suffolk  or  Westchester county, based on the location of the episode of
care] THE CASH PORTION OF THE MINIMUM  RATE  OF  HOME  CARE  AIDE  TOTAL
COMPENSATION  SHALL  BE  TEN  DOLLARS OR THE MINIMUM WAGE AS LAID OUT IN
PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION SIX HUNDRED FIFTY-TWO OF THE
LABOR LAW, WHICHEVER IS HIGHER. THE BENEFIT PORTION OF THE MINIMUM  RATE
OF  HOME CARE AIDE TOTAL COMPENSATION SHALL BE THREE DOLLARS AND TWENTY-
TWO CENTS.
  4. [Any portion of the minimum rate of home care  aide  total  compen-
sation  attributable  to  health  benefit  costs  or payments in lieu of
health benefits, and paid time off, as established pursuant to  subdivi-
sion  three  of  this  section  shall  be superseded by the terms of any
employer bona fide collective bargaining agreement in effect as of Janu-
ary first, two thousand eleven, or a successor to such agreement,  which
provides for home care aides' health benefits through payments to joint-
ly administered labor-management funds.
  5.] The terms of this section shall apply equally to services provided
by  home  care aides who work on episodes of care as direct employees of
certified home health agencies, long term home health care programs,  or
managed care plans, or as employees of licensed home care services agen-
cies,  limited  licensed home care services agencies, or under any other
arrangement.
  [6.] 5. No payments by government agencies shall be made to  certified
home  health  agencies,  long term home health care programs, or managed
care plans for any episode of care without  the  certified  home  health
agency,  long term home health care program, or managed care plan having
delivered prior written certification  to  the  commissioner,  on  forms
prepared by the department in consultation with the department of labor,
that  all  services  provided  under  each  episode  of care are in full
compliance with the terms of this section and any regulations promulgat-
ed pursuant to this section.
  [7.] 6. If a certified home health agency or  long  term  home  health
care program elects to provide home care aide services through contracts
with  licensed  home  care  services  agencies  or  through  other third
parties, provided that the episode of care on which the home  care  aide
works  is  covered  under  the terms of this section, the certified home
health agency, long term home health care program, or managed care  plan
must obtain a written certification from the licensed home care services
agency  or  other  third  party,  on forms prepared by the department in
consultation with the department of labor, which attests to the licensed
home care services agency's or other third party's compliance  with  the
terms  of  this  section.  Such  certifications  shall also obligate the
certified home health agency, long term home  health  care  program,  or
managed  care  plan  to  obtain,  on no less than a quarterly basis, all
information from the licensed home care services agency or  other  third

A. 9006--B                         70

parties  necessary  to verify compliance with the terms of this section.
Such certifications and the information exchanged pursuant to them shall
be retained by all certified home health agencies, long term home health
care  programs,  or  managed  care  plans,  and  all  licensed home care
services agencies, or other third parties for a period of no  less  than
ten years, and made available to the department upon request.
  [8.] 7. The commissioner shall distribute to all certified home health
agencies,  long  term  home health care programs, and managed care plans
official notice of the minimum rates of home care aide  compensation  at
least  one hundred twenty days prior to the effective date of each mini-
mum rate for each social services district covered by the terms of  this
section.
  [9.]  8. The commissioner is authorized to promulgate regulations, and
may promulgate emergency regulations, to  implement  the  provisions  of
this section.
  [10.]  9. Nothing in this section should be construed as applicable to
any service provided by certified home health agencies, long  term  home
health  care  programs, or managed care plans except for all episodes of
care reimbursed in whole or in part by the New York Medicaid program.
  [11.] 10. No certified home health agency, managed care plan  or  long
term home health care program shall be liable for recoupment of payments
for  services  provided  through a licensed home care services agency or
other third party with which the certified home health agency, long term
home health care program, or managed care plan has  a  contract  because
the  licensed  agency  or  other  third  party failed to comply with the
provisions of this section if the certified  home  health  agency,  long
term  home  health care program, or managed care plan has reasonably and
in good faith collected  certifications  and  all  information  required
pursuant to subdivisions [six and seven] FIVE AND SIX of this section.
  S  6.  Notwithstanding  any  inconsistent  provision  or policy to the
contrary, any increase attributable to the increase in the minimum  wage
established  pursuant to section 652 of the labor law, shall be excluded
from the calculation of any policy of the state spending limitations  in
the  enacted  budget financial plan pursuant to subdivision 3 of section
23 of the state finance law.
  Notwithstanding any inconsistent provision  of  law,  any  program  or
service  including  not-for-profits funded by New York state through the
department of the office of mental health, office for people with devel-
opmental  disabilities,  office  of  alcoholism  and   substance   abuse
services,  department of health, office of children and family services,
office of temporary and disabilities assistance, the  state  office  for
the  aging  and the department of labor shall be adjusted to reflect the
increase in labor costs related to the minimum wage pursuant to  section
652 of the labor law.
  S  7.  Severability  clause.  If  an amendment made by section four or
section five of this act or their application to any person, legal enti-
ty, or circumstance is held invalid by a court  of  competent  jurisdic-
tion,  the remainder of this act or the application of such amendment to
other persons, legal entities or circumstances shall not be effected.
  S 8. This act shall take effect immediately.

                                 PART L

  Section 1. Subdivision (a) of  section  25-a  of  the  labor  law,  as
amended  by  section  1 of part AA of chapter 56 of the laws of 2015, is
amended to read as follows:

A. 9006--B                         71

  (a) The commissioner is authorized to  establish  and  administer  the
program  established  under  this  section  to provide tax incentives to
employers for employing at risk youth in part-time and  full-time  posi-
tions.  There will be five distinct pools of tax incentives. Program one
will  cover  tax  incentives  allocated  for two thousand twelve and two
thousand thirteen. Program two will cover tax  incentives  allocated  in
two thousand fourteen. Program three will cover tax incentives allocated
in  two  thousand  fifteen. Program four will cover tax incentives allo-
cated in two thousand sixteen. Program five will  cover  tax  incentives
allocated  in  two thousand seventeen. The commissioner is authorized to
allocate up to twenty-five million dollars of tax credits under  program
one,  ten million dollars of tax credits under program two, [and] twenty
million dollars of tax credits under [each of programs]  PROGRAM  three,
AND  FIFTY MILLION DOLLARS OF TAX CREDITS UNDER EACH OF PROGRAMS four[,]
and five.
  S 2. Subdivision (b) of section 25-a of the labor law  is  amended  by
adding a new paragraph 3 to read as follows:
  (3)  FOR  PROGRAMS  FOUR  AND  FIVE, THE TAX CREDIT UNDER EACH PROGRAM
SHALL BE ALLOCATED AS FOLLOWS: (I) FORTY MILLION DOLLARS OF  TAX  CREDIT
FOR  QUALIFIED EMPLOYEES; AND (II) TEN MILLION DOLLARS OF TAX CREDIT FOR
INDIVIDUALS WHO MEET ALL OF THE REQUIREMENTS FOR  A  QUALIFIED  EMPLOYEE
EXCEPT  FOR  THE RESIDENCY REQUIREMENT OF SUBPARAGRAPH (II) OF PARAGRAPH
TWO OF THIS SUBDIVISION, WHICH INDIVIDUALS SHALL BE DEEMED TO  MEET  THE
RESIDENCY  REQUIREMENTS  OF  SUBPARAGRAPH  (II) OF PARAGRAPH TWO OF THIS
SUBDIVISION IF THEY RESIDE IN NEW YORK STATE.
  S 3. This act shall take effect immediately.

                                 PART M

  Section 1. Clause (G) of subparagraph (vii) of paragraph 2 of subdivi-
sion (d) of section 1089 of the family court act, as added by section 27
of part A of chapter 3 of the laws  of  2005,  is  amended  to  read  as
follows:
  (G) where a child has or will before the next permanency hearing reach
the age of fourteen, (I) the services and assistance necessary to assist
the  child  in learning independent living skills TO ASSIST THE CHILD TO
MAKE THE TRANSITION FROM FOSTER CARE TO SUCCESSFUL ADULTHOOD;  AND  (II)
A.  THAT  THE PERMANENCY PLAN DEVELOPED FOR THE CHILD IN FOSTER CARE WHO
HAS ATTAINED THE AGE OF FOURTEEN, AND ANY REVISION OR  ADDITION  TO  THE
PLAN,  SHALL  BE  DEVELOPED  IN  CONSULTATION WITH THE CHILD AND, AT THE
OPTION OF THE CHILD, WITH UP TO TWO MEMBERS OF  THE  CHILD'S  PERMANENCY
PLANNING  TEAM  WHO  ARE  SELECTED BY THE CHILD AND WHO ARE NOT A FOSTER
PARENT OF, OR THE CASE WORKER, CASE PLANNER OR  CASE  MANAGER  FOR,  THE
CHILD EXCEPT THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY
OF  THE  CHILD MAY REJECT AN INDIVIDUAL SO SELECTED BY THE CHILD IF SUCH
LOCAL COMMISSIONER HAS GOOD CAUSE TO BELIEVE THAT THE  INDIVIDUAL  WOULD
NOT  ACT  IN THE BEST INTERESTS OF THE CHILD, AND B. THAT ONE INDIVIDUAL
SO SELECTED BY THE CHILD MAY BE DESIGNATED TO  BE  THE  CHILD'S  ADVISOR
AND,  AS  NECESSARY,  ADVOCATE,  WITH  RESPECT TO THE APPLICATION OF THE
REASONABLE AND PRUDENT PARENT STANDARD TO THE CHILD; and
  S 2. Paragraph (b) of subdivision 7 of section  355.5  of  the  family
court  act, as amended by section 17 of part L of chapter 56 of the laws
of 2015, is amended to read as follows:
  (b) in the case of a respondent who has attained the age of  fourteen,
(I)  the  services  needed, if any, to assist the respondent to make the
transition from foster care to [independent  living]  SUCCESSFUL  ADULT-

A. 9006--B                         72

HOOD; AND (II)(A) THAT THE PERMANENCY PLAN DEVELOPED FOR THE RESPONDENT,
AND  ANY REVISION OR ADDITION TO THE PLAN, SHALL BE DEVELOPED IN CONSUL-
TATION WITH THE RESPONDENT AND, AT THE OPTION OF THE RESPONDENT, WITH UP
TO  TWO  MEMBERS  OF  THE  RESPONDENT'S PERMANENCY PLANNING TEAM WHO ARE
SELECTED BY THE RESPONDENT AND WHO ARE NOT A FOSTER PARENT OF,  OR  CASE
WORKER,  CASE  PLANNER  OR  CASE MANAGER FOR, THE CHILD, EXCEPT THAT THE
LOCAL COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY OF THE RESPONDENT  OR
THE  COMMISSIONER  OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IF SUCH
OFFICE HAS CUSTODY OF THE RESPONDENT MAY REJECT AN  INDIVIDUAL  SELECTED
BY  THE  RESPONDENT  IF SUCH COMMISSIONER HAS GOOD CAUSE TO BELIEVE THAT
THE INDIVIDUAL WOULD NOT ACT IN THE BEST INTERESTS  OF  THE  RESPONDENT,
AND  (B) THAT ONE INDIVIDUAL SO SELECTED BY THE RESPONDENT MAY BE DESIG-
NATED TO BE THE RESPONDENT'S ADVISOR AND, AS NECESSARY,  ADVOCATE,  WITH
RESPECT  TO  THE  APPLICATION  OF  THE  REASONABLE  AND  PRUDENT  PARENT
STANDARD;
  S 3. Paragraph (ii) of subdivision (d) of section 756-a of the  family
court  act, as amended by section 22 of part L of chapter 56 of the laws
of 2015, is amended to read as follows:
  (ii) in the case of a child who has attained the age of fourteen,  (A)
the  services needed, if any, to assist the child to make the transition
from foster care  to  [independent  living]  SUCCESSFUL  ADULTHOOD;  AND
(B)(1)  THAT  THE  PERMANENCY  PLAN  DEVELOPED  FOR  THE  CHILD, AND ANY
REVISION OR ADDITION TO THE PLAN SHALL BE DEVELOPED IN CONSULTATION WITH
THE CHILD AND, AT THE OPTION OF THE CHILD, WITH  UP  TO  TWO  ADDITIONAL
MEMBERS  OF THE CHILD'S PERMANENCY PLANNING TEAM WHO ARE SELECTED BY THE
CHILD AND WHO ARE NOT A FOSTER PARENT OF, OR CASE WORKER,  CASE  PLANNER
OR  CASE  MANAGER  FOR, THE CHILD, EXCEPT THAT THE LOCAL COMMISSIONER OF
SOCIAL SERVICES WITH CUSTODY OF THE CHILD MAY REJECT  AN  INDIVIDUAL  SO
SELECTED  BY  THE  CHILD  IF SUCH COMMISSIONER HAS GOOD CAUSE TO BELIEVE
THAT THE INDIVIDUAL WOULD NOT ACT IN THE BEST INTERESTS  OF  THE  CHILD,
AND  (2)  THAT ONE INDIVIDUAL SO SELECTED BY THE CHILD MAY BE DESIGNATED
TO BE THE CHILD'S ADVISOR AND, AS NECESSARY, ADVOCATE  WITH  RESPECT  TO
THE APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD;
  S 4. Subdivisions 1 and 2 of section 458-c of the social services law,
as  added  by section 4 of part F of chapter 58 of the laws of 2010, are
amended to read as follows:
  1. A social services official shall make  payments  for  non-recurring
guardianship  expenses  incurred  by  or  on  behalf of the relatives OR
SUCCESSOR GUARDIANS who have been approved by the social services  offi-
cial  to  receive  kinship  guardianship  assistance payments, when such
expenses are incurred in connection with assuming the guardianship of  a
foster  child OR A FORMER FOSTER CHILD IN REGARD TO SUCCESSOR GUARDIANS.
The agreement for the payment  of  non-recurring  guardianship  expenses
must be reflected in the written agreement set forth in subdivision four
of  section four hundred fifty-eight-b of this title. In accordance with
subdivision two of this section, the  payments  shall  be  made  by  the
social services official either to the relative OR SUCCESSOR guardian or
guardians  directly  or  to  an  attorney  on  behalf of the relative OR
SUCCESSOR guardian or guardians, AS APPLICABLE, for the allowable amount
of non-recurring  guardianship  expenses  incurred  in  connection  with
obtaining such guardianship.
  2.  The  amount of the payment made pursuant to this section shall not
exceed  two  thousand  dollars  for  each  foster  child  for  whom  the
relatives, OR EACH FORMER FOSTER CHILD FOR WHOM THE SUCCESSOR GUARDIANS,
seek  guardianship or permanent guardianship and shall be available only
for those expenses that are determined to be eligible for  reimbursement

A. 9006--B                         73

by  the  social  services official in accordance with the regulations of
the office of children and family services.
  S  5. The social services law is amended by adding a new section 383-a
to read as follows:
  S 383-A. IMMUNITY FROM LIABILITY FOR APPLICATION OF THE REASONABLE AND
PRUDENT PARENT STANDARD. IT IS THE INTENT OF THE LEGISLATURE  TO  ENSURE
THAT  CHILDREN  IN  FOSTER  CARE  ARE PROVIDED WITH A SAFE AND NURTURING
ENVIRONMENT THAT, AMONG OTHER THINGS, ALLOWS THEM TO ENGAGE IN  DEVELOP-
MENTALLY  APPROPRIATE ACTIVITIES WITH THEIR PEERS. IT IS ALSO THE INTENT
OF THE  LEGISLATURE  TO  PROVIDE  TRAINING,  GUIDANCE,  AND  APPROPRIATE
LIABILITY  PROTECTIONS TO ENABLE CAREGIVERS TO MAKE REASONABLE DECISIONS
WITH REGARD TO SUCH ACTIVITIES.
  1. DEFINITIONS. AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
HAVE THE FOLLOWING MEANINGS:
  (A)  "CAREGIVER"  SHALL MEAN THE FOLLOWING INDIVIDUALS OR ENTITIES WHO
HAVE BEEN TRAINED ON HOW TO USE AND APPLY  THE  REASONABLE  AND  PRUDENT
PARENT STANDARD:
  (I) A FOSTER PARENT;
  (II)  THE  EMPLOYEE  OF  A CHILD CARE FACILITY OPERATED BY A VOLUNTARY
AUTHORIZED AGENCY THAT IS DESIGNATED AND AUTHORIZED TO APPLY THE REASON-
ABLE AND PRUDENT PARENT STANDARD, PROVIDED, HOWEVER,  THAT  SUCH  DESIG-
NATION  SHALL  APPLY  ONLY  DURING  THE  TIME  AT WHICH SUCH EMPLOYEE OR
EMPLOYEES ARE RESPONSIBLE FOR THE CARE OF A CHILD OR CHILDREN IN  FOSTER
CARE;  OR  (III)  A  LOCAL  DEPARTMENT OF SOCIAL SERVICES OR A VOLUNTARY
AUTHORIZED AGENCY DURING THE TIME AT WHICH SUCH DEPARTMENT OR AGENCY  IS
RESPONSIBLE FOR THE CARE OF A FOSTER CHILD.
  (B)  "CHILD"  SHALL  MEAN  A CHILD WHO IS IN FOSTER CARE OR WHO WAS IN
FOSTER CARE AT THE TIME THE REASONABLE AND PRUDENT PARENT  STANDARD  WAS
APPLIED.
  (C)  "CHILD CARE FACILITY" SHALL MEAN AN INSTITUTION, GROUP RESIDENCE,
GROUP HOME, AGENCY OPERATED BOARDING  HOME,  OR  SUPERVISED  INDEPENDENT
LIVING PROGRAM.
  (D) "REASONABLE AND PRUDENT PARENT STANDARD" SHALL MEAN, IN ACCORDANCE
WITH  42  U.S.C. 675 AS AMENDED BY P.L. 113-183, THE STANDARD CHARACTER-
IZED BY CAREFUL AND SENSIBLE PARENTAL DECISIONS THAT TAKE INTO ACCOUNT A
CHILD'S AGE, MATURITY LEVEL,  AND  CAPABILITIES  WHILE  MAINTAINING  THE
HEALTH,  SAFETY,  AND  BEST  INTERESTS  OF  A CHILD AND AT THE SAME TIME
ENCOURAGING THE EMOTIONAL AND DEVELOPMENTAL GROWTH OF THE CHILD. A CARE-
GIVER SHALL USE THE REASONABLE AND PRUDENT PARENT STANDARD  WHEN  DETER-
MINING  WHETHER TO ALLOW A CHILD IN FOSTER CARE TO PARTICIPATE IN DEVEL-
OPMENTALLY-APPROPRIATE EXTRACURRICULAR, ENRICHMENT, CULTURAL  OR  SOCIAL
ACTIVITIES.
  (E) "DEVELOPMENTALLY-APPROPRIATE" SHALL MEAN:
  (I)  ACTIVITIES  OR  ITEMS THAT ARE GENERALLY ACCEPTED AS SUITABLE FOR
CHILDREN OF THE SAME CHRONOLOGICAL AGE OR LEVEL OF MATURITY OR THAT  ARE
DETERMINED  TO  BE DEVELOPMENTALLY-APPROPRIATE FOR A CHILD, BASED ON THE
DEVELOPMENT OF COGNITIVE, EMOTIONAL, PHYSICAL, AND BEHAVIORAL CAPACITIES
THAT ARE TYPICAL FOR AN AGE OR AGE GROUP; AND
  (II) IN THE CASE OF A SPECIFIC CHILD, ACTIVITIES  OR  ITEMS  THAT  ARE
SUITABLE  FOR THE CHILD BASED ON THE DEVELOPMENTAL STAGE ATTAINED BY THE
CHILD WITH RESPECT TO THE COGNITIVE, EMOTIONAL, PHYSICAL, AND BEHAVIORAL
CAPACITIES OF THE CHILD.
  2. A CAREGIVER SHALL NOT BE LIABLE FOR INJURIES  TO  THE  CHILD  AS  A
RESULT  OF PARTICIPATION IN AN EXTRACURRICULAR, ENRICHMENT, CULTURAL, OR
SOCIAL ACTIVITY APPROVED BY THE CAREGIVER WHO HAS PERMITTED SUCH  ACTIV-
ITY  IN  COMPLIANCE  WITH  THE REASONABLE AND PRUDENT PARENT STANDARD AS

A. 9006--B                         74

DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION.  EXCEPT  AS
PROVIDED  HEREIN,  NOTHING  IN  THIS  SECTION  SHALL OTHERWISE LIMIT THE
LIABILITY OF ANY PARTY WHOSE NEGLIGENCE CAUSED INJURIES TO A CHILD.
  S  6.  The  opening  paragraph  of  paragraph  (e) of subdivision 2 of
section 378-a of the social services law, as amended by  section  10  of
part L of chapter 56 of the laws of 2015, is amended to read as follows:
  [After]  EXCEPT  AS  SET FORTH IN PARAGRAPH (M) OF THIS SECTION, AFTER
reviewing any criminal history record information provided by the  divi-
sion  of  criminal  justice  services, the office of children and family
services shall promptly notify the  authorized  agency  or  other  state
agency that:
  S  7.  Subdivision  2  of  section 378-a of the social services law is
amended by adding a new paragraph (m) to read as follows:
  (M)(1) THE OFFICE OF CHILDREN AND FAMILY SERVICES  SHALL  NOT  RELEASE
THE  CONTENT  OF  THE  RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD
CHECK CONDUCTED BY THE FEDERAL BUREAU  OF  INVESTIGATION  IN  ACCORDANCE
WITH  THIS SUBDIVISION TO AN AUTHORIZED AGENCY, AS DEFINED IN PARAGRAPHS
(A) OR (C) OF SUBDIVISION TEN OF SECTION THREE  HUNDRED  SEVENTY-ONE  OF
THIS TITLE.
  (2)  FOR  ANY APPLICATION MADE TO SUCH AN AUTHORIZED AGENCY UNDER THIS
SUBDIVISION, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL:
  (A) REVIEW AND EVALUATE THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY
RECORD CHECK OF THE  PROSPECTIVE  FOSTER  PARENT,  PROSPECTIVE  ADOPTIVE
PARENT  AND ANY OTHER PERSON OVER THE AGE OF EIGHTEEN WHO RESIDES IN THE
HOME OF SUCH APPLICANT IN ACCORDANCE WITH THE  STANDARDS  SET  FORTH  IN
PARAGRAPH  (E)  OF  THIS SUBDIVISION RELATING TO MANDATORY DISQUALIFYING
CONVICTIONS, HOLD IN ABEYANCE CHARGES OR CONVICTIONS, AND  DISCRETIONARY
CHARGES AND CONVICTIONS; AND
  (B)  BASED  ON  THE  RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD
CHECK, INFORM SUCH AUTHORIZED AGENCY THAT THE  APPLICATION  FOR  CERTIF-
ICATION  OR APPROVAL OF THE PROSPECTIVE FOSTER PARENT OR THE PROSPECTIVE
ADOPTIVE PARENT EITHER: (I) MUST BE DENIED; (II) MUST BE HELD  IN  ABEY-
ANCE  PENDING  SUBSEQUENT  NOTIFICATION  FROM THE OFFICE OF CHILDREN AND
FAMILY SERVICES; OR  (III)  THAT  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  HAS  NO  OBJECTION,  SOLELY  BASED  ON THE NATIONWIDE CRIMINAL
HISTORY RECORD CHECK, FOR THE AUTHORIZED AGENCY TO PROCEED WITH A DETER-
MINATION ON SUCH APPLICATION BASED ON THE STANDARDS FOR CERTIFICATION OR
APPROVAL OF A PROSPECTIVE FOSTER PARENT OR PROSPECTIVE ADOPTIVE  PARENT,
AS  SET  FORTH  IN  THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES.
  (3) WHERE THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  DIRECTS  THE
AUTHORIZED AGENCY TO DENY THE APPLICATION OF A PROSPECTIVE FOSTER PARENT
OR  A PROSPECTIVE ADOPTIVE PARENT IN ACCORDANCE WITH THIS PARAGRAPH, THE
OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALSO NOTIFY THE PROSPECTIVE
FOSTER PARENT, PROSPECTIVE ADOPTIVE PARENT OR OTHER PERSON OVER THE  AGE
OF  EIGHTEEN  WHO  RESIDED  IN  THE HOME OF THE APPLICANT WHOSE CRIMINAL
HISTORY WAS THE BASIS FOR THE DENIAL AND SHALL PROVIDE SUCH  PROSPECTIVE
FOSTER PARENT, PROSPECTIVE ADOPTIVE PARENT OR OTHER PERSON A COPY OF THE
RESULTS  OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK UPON WHICH SUCH
DENIAL WAS BASED AND A WRITTEN STATEMENT SETTING FORTH THE  REASONS  FOR
SUCH  DENIAL  PURSUANT  TO  SECTION  SEVEN  HUNDRED  FIFTY-FOUR  OF  THE
CORRECTION LAW. IF THE APPLICANT IS  DISQUALIFIED  UNDER  ITEM  (II)  OF
CLAUSE  (A)  OF  SUBPARAGRAPH  ONE OF PARAGRAPH (E) OF THIS SUBDIVISION,
THEN THE APPLICANT MAY APPLY FOR RELIEF FROM THE MANDATORY DISQUALIFICA-
TION BASED ON THE GROUNDS THAT THE OFFENSE WAS NOT SPOUSAL ABUSE AS THAT
TERM IS DEFINED IN PARAGRAPH (J) OF THIS SUBDIVISION.

A. 9006--B                         75

  (4) THIS PARAGRAPH DOES  NOT  APPLY  TO  NATIONWIDE  CRIMINAL  HISTORY
RECORD CHECKS CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION ON BEHALF
OF STATE AGENCIES OR AUTHORIZED AGENCIES, AS DEFINED IN PARAGRAPH (B) OF
SUBDIVISION  TEN  OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE, OR
TO  THE RESULTS OF STATEWIDE CRIMINAL HISTORY RECORD CHECKS CONDUCTED BY
THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  S 8. Severability. If any clause,  sentence,  paragraph,  subdivision,
section  or  part contained in any part of this act shall be adjudged by
any court of competent jurisdiction to be invalid, such judgement  shall
not  affect,  impair,  or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence,  paragraph,  subdivi-
sion, section or part contained in any part thereof directly involved in
the  controversy  in which such judgment shall have been rendered. It is
hereby declared to be the intent of the legislature that this act  would
have  been enacted even if such invalid provisions had not been included
herein.
  S 9. This act shall take effect  immediately,  provided  however  that
sections  six  and  seven of this act shall take effect on the ninetieth
day after it shall have become a law.

                                 PART N

  Section 1. Paragraph (vi) of subdivision (a) of  section  115  of  the
family  court  act,  as  amended  by chapter 222 of the laws of 1994, is
amended to read as follows:
  (vi) proceedings concerning juvenile delinquency as set forth in arti-
cle three OF THIS ACT THAT ARE COMMENCED IN FAMILY COURT.
  S 2. Subdivision (e) of section 115 of the family court act, as  added
by chapter 222 of the laws of 1994, is amended to read as follows:
  (e)  The  family  court  has concurrent jurisdiction with the criminal
court over all family offenses as defined in article eight of  this  act
AND  HAS CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR COURT
OVER ANY JUVENILE DELINQUENCY PROCEEDING RESULTING FROM THE  REMOVAL  OF
THE  CASE  TO  THE  FAMILY  COURT  PURSUANT  TO  ARTICLE  SEVEN  HUNDRED
TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
  S 3. Subdivision (b) of section  117  of  the  family  court  act,  as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
  (b)  For  every juvenile delinquency proceeding under article three OF
THIS ACT involving an allegation of an act committed by a person  which,
if  done  by  an adult, would [be a crime (i) defined in sections 125.27
(murder in the first degree); 125.25  (murder  in  the  second  degree);
135.25  (kidnapping  in the first degree); or 150.20 (arson in the first
degree) of the penal law committed by a  person  thirteen,  fourteen  or
fifteen  years of age; or such conduct committed as a sexually motivated
felony, where authorized pursuant to section 130.91 of  the  penal  law;
(ii)  defined  in  sections 120.10 (assault in the first degree); 125.20
(manslaughter in the first degree); 130.35 (rape in the  first  degree);
130.50  (criminal sexual act in the first degree); 135.20 (kidnapping in
the second degree), but only where the abduction  involved  the  use  or
threat  of  use  of  deadly  physical force; 150.15 (arson in the second
degree); or 160.15 (robbery in  the  first  degree)  of  the  penal  law
committed  by  a  person  thirteen, fourteen or fifteen years of age; or
such conduct committed as a sexually motivated felony, where  authorized
pursuant  to section 130.91 of the penal law; (iii) defined in the penal
law as an attempt to commit murder in the  first  or  second  degree  or
kidnapping  in the first degree committed by a person thirteen, fourteen

A. 9006--B                         76

or fifteen years of age; or such conduct committed as a  sexually  moti-
vated  felony,  where authorized pursuant to section 130.91 of the penal
law; (iv) defined in section 140.30  (burglary  in  the  first  degree);
subdivision  one  of  section  140.25  (burglary  in the second degree);
subdivision two of section 160.10 (robbery in the second degree) of  the
penal law; or section 265.03 of the penal law, where such machine gun or
such  firearm  is possessed on school grounds, as that phrase is defined
in subdivision fourteen of section 220.00 of the penal law committed  by
a  person fourteen or fifteen years of age; or such conduct committed as
a sexually motivated felony, where authorized pursuant to section 130.91
of the penal law; (v) defined in section 120.05 (assault in  the  second
degree)  or  160.10  (robbery  in  the  second  degree) of the penal law
committed by a person fourteen or fifteen years of age  but  only  where
there has been a prior finding by a court that such person has previous-
ly  committed an act which, if committed by an adult, would be the crime
of assault in the second degree, robbery in the  second  degree  or  any
designated  felony  act  specified  in clause (i), (ii) or (iii) of this
subdivision regardless of the age of such person  at  the  time  of  the
commission of the prior act; or (vi) other than a misdemeanor, committed
by  a person at least seven but less than sixteen years of age, but only
where there has been two prior findings by the court  that  such  person
has  committed  a  prior  act which, if committed by an adult would be a
felony] CONSTITUTE A DESIGNATED FELONY ACT  AS  DEFINED  IN  SUBDIVISION
EIGHT OF SECTION 301.2 OF SUCH ARTICLE:
  (i) There is hereby established in the family court in the city of New
York at least one "designated felony act part." Such part or parts shall
be held separate from all other proceedings of the court, and shall have
jurisdiction  over all proceedings involving such an allegation THAT ARE
NOT REFERRED TO THE YOUTH PART OF A SUPERIOR COURT. All such proceedings
shall be originated in or be transferred to this part from  other  parts
as they are made known to the court.
  (ii)  Outside  the city of New York, all proceedings involving such an
allegation shall have a hearing preference over every  other  proceeding
in the court, except proceedings under article ten OF THIS ACT.
  S  4. Subdivision 1 of section 301.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  1. "Juvenile delinquent" means a person  [over  seven  and  less  than
sixteen years of age, who, having committed an act that would constitute
a  crime if committed by an adult, (a) is not criminally responsible for
such conduct by reason of infancy, or (b) is the defendant in an  action
ordered  removed  from  a criminal court to the family court pursuant to
article seven hundred twenty-five of the criminal procedure law]:
  (A) WHO IS:
  (I) TEN OR ELEVEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTI-
TUTE A CRIME AS DEFINED IN SECTION 125.25 (MURDER IN THE SECOND  DEGREE)
OF THE PENAL LAW IF COMMITTED BY AN ADULT; OR
  (II)  AT LEAST TWELVE YEARS OF AGE AND LESS THAN EIGHTEEN YEARS OF AGE
WHO COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME IF  COMMITTED  BY  AN
ADULT; OR
  (III)  SIXTEEN  OR SEVENTEEN YEARS OF AGE WHO COMMITTED A VIOLATION OF
PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THE ALCOHOL-
IC BEVERAGE CONTROL LAW PROVIDED, HOWEVER, THAT SUCH PERSON  SHALL  ONLY
BE  DEEMED  TO  BE  A  JUVENILE  DELINQUENT FOR THE PURPOSES OF IMPOSING
LICENSE SANCTIONS IN ACCORDANCE WITH SUBDIVISION FOUR OF  SECTION  352.2
OF THIS ARTICLE; AND
  (B) WHO IS EITHER:

A. 9006--B                         77

  (I)  NOT CRIMINALLY RESPONSIBLE FOR SUCH CONDUCT BY REASON OF INFANCY;
OR
  (II)  THE  DEFENDANT  IN  AN  ACTION  BASED  ON SUCH ACT THAT HAS BEEN
ORDERED REMOVED TO THE FAMILY COURT PURSUANT TO  ARTICLE  SEVEN  HUNDRED
TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
  S  5.  Subdivisions  8 and 9 of section 301.2 of the family court act,
subdivision 8 as amended by chapter 7 of the laws of 2007  and  subdivi-
sion  9 as added by chapter 920 of the laws of 1982, are amended to read
as follows:
  8. "Designated felony act" means an act which, if done  by  an  adult,
would  be  a crime: (i) defined in sections [125.27 (murder in the first
degree);] 125.25 (murder in the second degree);  135.25  (kidnapping  in
the  first  degree);  or 150.20 (arson in the first degree) of the penal
law committed by a person thirteen, fourteen [or], fifteen, SIXTEEN,  OR
SEVENTEEN  years  of  age; or such conduct committed as a sexually moti-
vated felony, where authorized pursuant to section 130.91 of  the  penal
law;  (ii)  defined  in  sections  120.10 (assault in the first degree);
125.20 (manslaughter in the first degree); 130.35  (rape  in  the  first
degree);  130.50  (criminal  sexual  act  in  the  first degree); 130.70
(aggravated sexual abuse in the first degree); 135.20 (kidnapping in the
second degree) but only where the abduction involved the use  or  threat
of  use of deadly physical force; 150.15 (arson in the second degree) or
160.15 (robbery in the first degree) of the penal  law  committed  by  a
person  thirteen, fourteen [or], fifteen, SIXTEEN, OR SEVENTEEN years of
age; or such conduct committed as a  sexually  motivated  felony,  where
authorized pursuant to section 130.91 of the penal law; (iii) defined in
the  penal  law  as  an  attempt to commit murder in the first or second
degree or kidnapping in the first degree committed by a person thirteen,
fourteen [or], fifteen, SIXTEEN, OR SEVENTEEN  years  of  age;  or  such
conduct  committed  as  a  sexually  motivated  felony, where authorized
pursuant to section 130.91 of the penal law;  (iv)  defined  in  section
140.30 (burglary in the first degree); subdivision one of section 140.25
(burglary  in  the  second  degree);  subdivision  two of section 160.10
(robbery in the second degree) of the penal law; or  section  265.03  of
the  penal  law,  where such machine gun or such firearm is possessed on
school grounds, as that phrase is defined  in  subdivision  fourteen  of
section  220.00  of  the  penal  law  committed  by a person fourteen or
fifteen years of age; or such conduct committed as a sexually  motivated
felony,  where  authorized  pursuant to section 130.91 of the penal law;
(v) defined in section 120.05 (assault in the second degree)  or  160.10
(robbery  in  the  second degree) of the penal law committed by a person
fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age but only where
there has been a prior finding by a court that such person has previous-
ly committed an act which, if committed by an adult, would be the  crime
of  assault  in  the  second degree, robbery in the second degree or any
designated felony act specified in paragraph (i), (ii), or (iii) of this
subdivision regardless of the age of such person  at  the  time  of  the
commission  of the prior act; [or] (vi) other than a misdemeanor commit-
ted by a person at least [seven] TWELVE but less than [sixteen] EIGHTEEN
years of age, but only where there has been two prior  findings  by  the
court that such person has committed a prior felony; OR (VII) DEFINED IN
SECTION  460.22  (AGGRAVATED  ENTERPRISE  CORRUPTION);  490.25 (CRIME OF
TERRORISM); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR  BIOLOG-
ICAL  WEAPON  IN  THE  FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL
WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.55 (CRIMINAL  USE
OF  A  CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); 130.95

A. 9006--B                         78

(PREDATORY SEXUAL ASSAULT); 130.96 (PREDATORY SEXUAL ASSAULT  AGAINST  A
CHILD);  120.11  (AGGRAVATED  ASSAULT  UPON  A POLICE OFFICER OR A PEACE
OFFICER); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST  DEGREE);  130.75
(COURSE  OF  SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); 215.17
(INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE);  255.27  (INCEST
IN  THE  FIRST  DEGREE);  265.04 (CRIMINAL POSSESSION OF A WEAPON IN THE
FIRST DEGREE); 265.09 (CRIMINAL USE OF A FIREARM IN THE  FIRST  DEGREE);
265.13 (CRIMINAL SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDER-
ING  PROSECUTION  OF  TERRORISM  IN  THE FIRST DEGREE); 490.40 (CRIMINAL
POSSESSION OF A CHEMICAL WEAPON  OR  BIOLOGICAL  WEAPON  IN  THE  SECOND
DEGREE);  490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON
IN THE THIRD DEGREE); 121.13 (STRANGULATION IN THE FIRST DEGREE); 130.67
(AGGRAVATED  SEXUAL  ABUSE  IN  THE  SECOND  DEGREE);  490.37  (CRIMINAL
POSSESSION  OF  A  CHEMICAL  WEAPON  OR  BIOLOGICAL  WEAPON IN THE THIRD
DEGREE); OR 130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE) OF  THE
PENAL  LAW;  OR  SUCH  CONDUCT COMMITTED AS A SEXUALLY MOTIVATED FELONY,
WHERE AUTHORIZED PURSUANT TO SECTION 130.91 OF THE PENAL  LAW  COMMITTED
BY A PERSON SIXTEEN OR SEVENTEEN YEARS OLD.
  9.  "Designated  class  A  felony  act"  means a designated felony act
[defined in paragraph (i) of subdivision eight] THAT WOULD CONSTITUTE  A
CLASS A FELONY IF COMMITTED BY AN ADULT.
  S  6. Subdivision 1 of section 302.1 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  1. The family court  has  exclusive  original  jurisdiction  over  any
proceeding  to  determine  whether  a  person  is  a juvenile delinquent
COMMENCED IN FAMILY COURT AND CONCURRENT  JURISDICTION  WITH  THE  YOUTH
PART  OF A SUPERIOR COURT OVER ANY SUCH PROCEEDING REMOVED TO THE FAMILY
COURT PURSUANT TO ARTICLE SEVEN  HUNDRED  TWENTY-FIVE  OF  THE  CRIMINAL
PROCEDURE LAW.
  S  6-a.  Section  302.1 of the family court act is amended by adding a
new subdivision 3 to read as follows:
  3. WHENEVER A CRIME AND A TRAFFIC INFRACTION ARISE  OUT  OF  THE  SAME
TRANSACTION  OR  OCCURRENCE, A CHARGE ALLEGING BOTH OFFENSES MAY BE MADE
RETURNABLE BEFORE THE COURT HAVING JURISDICTION OVER THE CRIME.  NOTHING
HEREIN PROVIDED SHALL BE CONSTRUED TO PREVENT A COURT, HAVING  JURISDIC-
TION OVER A CRIMINAL CHARGE RELATING TO TRAFFIC OR A TRAFFIC INFRACTION,
FROM LAWFULLY ENTERING A JUDGMENT OF CONVICTION, WHETHER OR NOT BASED ON
A PLEA OF GUILTY, FOR AN OFFENSE CLASSIFIED AS A TRAFFIC INFRACTION.
  S 7. Section 304.1 of the family court act, as added by chapter 920 of
the laws of 1982, subdivision 2 as amended by chapter 419 of the laws of
1987, is amended to read as follows:
  S 304.1. Detention. 1. A facility certified by the state [division for
youth]  OFFICE  OF  CHILDREN AND FAMILY SERVICES as a juvenile DETENTION
facility must be operated in conformity  with  the  regulations  of  the
state  [division  for  youth  and shall be subject to the visitation and
inspection of the state board of social welfare] OFFICE OF CHILDREN  AND
FAMILY SERVICES.
  2.  No child to whom the provisions of this article may apply shall be
detained in any prison, jail, lockup, or other  place  used  for  adults
convicted  of  crime  or under arrest and charged with crime without the
approval of the state [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES in the case of each child and  the  statement  of  its  reasons
therefor.   The state [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES shall promulgate and publish the rules which it shall apply  in
determining whether approval should be granted pursuant to this subdivi-
sion.

A. 9006--B                         79

  3.  [The  detention  of  a  child  under  ten years of age in a secure
detention facility shall not be directed under any of the provisions  of
this article.
  4.] A detention facility which receives a child under subdivision four
of  section  305.2  shall immediately notify the child's parent or other
person legally responsible for his OR  HER  care  or,  if  such  legally
responsible  person  is  unavailable  the  person  with  whom  the child
resides, that he OR SHE has been placed in detention.
  S 8. Subdivision 1 of section 304.2 of the family court act, as  added
by chapter 683 of the laws of 1984, is amended to read as follows:
  (1) Upon application by the presentment agency, OR UPON APPLICATION BY
THE PROBATION SERVICE AS PART OF THE ADJUSTMENT OF A CASE, the court may
issue  a  temporary  order  of  protection against a respondent for good
cause shown, ex parte or upon notice, at any time after  a  juvenile  is
taken into custody, pursuant to section 305.1 or 305.2 or upon the issu-
ance  of  an  appearance  ticket  pursuant  to section 307.1 or upon the
filing of a petition pursuant to section 310.1.
  S 9. Subdivision 1 of section 305.1 of the family court act, as  added
by chapter 920 of the laws of 1982, is amended to read as follows:
  1.  A  private  person may take a child [under the age of sixteen] WHO
MAY BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR COMMITTING  AN  ACT
THAT  WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody in cases in
which [he] SUCH PRIVATE PERSON may arrest an adult  for  a  crime  under
section 140.30 of the criminal procedure law.
  S 10. Subdivision 2 of section 305.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  2.  An  officer may take a child [under the age of sixteen] WHO MAY BE
SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR  COMMITTING  AN  ACT  THAT
WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody without a warrant
in cases in which [he] THE OFFICER may arrest a person for a crime under
article one hundred forty of the criminal procedure law.
  S  11.  Paragraph  (b) of subdivision 4 of section 305.2 of the family
court act, as amended by chapter 492 of the laws of 1987, is amended  to
read as follows:
  (b)  forthwith  and with all reasonable speed take the child directly,
and without his first being taken to the police station  house,  to  the
family  court  located  in  the  county in which the act occasioning the
taking into custody allegedly was committed, OR, WHEN THE  FAMILY  COURT
IS NOT IN SESSION, TO THE MOST ACCESSIBLE MAGISTRATE, IF ANY, DESIGNATED
BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPART-
MENT  TO  CONDUCT A HEARING UNDER SECTION 307.4 OF THIS PART, unless the
officer determines that it is necessary to question the child, in  which
case  he OR SHE may take the child to a facility designated by the chief
administrator of the courts as a suitable place for the  questioning  of
children  or,  upon  the  consent  of  a  parent or other person legally
responsible for the care of the child,  to  the  child's  residence  and
there question him OR HER for a reasonable period of time; or
  S  12.  Subdivision  1  of  section  306.1 of the family court act, as
amended by chapter 645 of the laws  of  1996,  is  amended  to  read  as
follows:
  1.  Following  the  arrest  of a child alleged to be a juvenile delin-
quent, or the filing of a delinquency petition involving a child who has
not been arrested, the arresting officer  or  other  appropriate  police
officer  or  agency shall take or cause to be taken fingerprints of such
child if:

A. 9006--B                         80

  (a) the child is eleven years of age or older and the crime  which  is
the  subject  of  the arrest or which is charged in the petition consti-
tutes a class [A or B] A-1 felony; [or]
  (b)  THE  CHILD IS TWELVE YEARS OF AGE OR OLDER AND THE CRIME WHICH IS
THE SUBJECT OF THE ARREST OR WHICH IS CHARGED IN  THE  PETITION  CONSTI-
TUTES A CLASS A OR B FELONY; OR
  (C) the child is thirteen years of age or older and the crime which is
the  subject  of  the arrest or which is charged in the petition consti-
tutes a class C, D or E felony.
  S 13. Section 307.3 of the family court act, as added by  chapter  920
of  the  laws of 1982, subdivisions 1 and 2 as amended by chapter 419 of
the laws of 1987, is amended to read as follows:
  S 307.3. Rules of court authorizing release before filing of petition.
1. The agency responsible for operating a detention facility pursuant to
section two hundred eighteen-a of the county law, five  hundred  [ten-a]
THREE  of the executive law or other applicable provisions of law, shall
release a child in custody before the filing of a petition to the custo-
dy of his OR HER parents or other person legally responsible for his  OR
HER  care,  or  if  such legally responsible person is unavailable, to a
person with whom he OR SHE resides,  when  the  events  occasioning  the
taking  into custody do not appear to involve allegations that the child
committed a delinquent act.
  2. When practicable such agency may release a child before the  filing
of  a  petition  to  the  custody  of his OR HER parents or other person
legally responsible for his OR HER care, or if such legally  responsible
person is unavailable, to a person with whom he OR SHE resides, when the
events occasioning the taking into custody appear to involve allegations
that the child committed a  delinquent act; PROVIDED, HOWEVER, THAT SUCH
AGENCY MUST RELEASE THE CHILD IF:
  (A)  SUCH  EVENTS  APPEAR  TO  INVOLVE ONLY ALLEGATIONS THAT THE CHILD
COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT  NO  MORE
THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
  (I)  THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
AND
  (II) THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE  DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES  UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD; OR
  (B) SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD COMMITTED
ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF:
  (I) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
  (II)  THE  CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT
WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
  (III) THE CHILD HAS NO MORE THAN ONE PRIOR  ADJUDICATION  FOR  AN  ACT
THAT  WOULD  CONSTITUTE  A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT
ACT ALSO DID NOT RESULT IN ANY PHYSICAL INJURY TO ANOTHER PERSON; AND
  (IV) THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE  DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES  UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.

A. 9006--B                         81

  3. If a child is released under this section, the child and the person
legally responsible for his OR HER care shall be issued a  family  court
appearance ticket in accordance with section 307.1.
  4.  If  the  agency for any reason does not release a child under this
section, such child shall be brought    before  the  appropriate  family
court, OR WHEN SUCH FAMILY COURT IS NOT IN SESSION, TO THE MOST ACCESSI-
BLE  MAGISTRATE,  IF  ANY,  DESIGNATED  BY THE APPELLATE DIVISION OF THE
SUPREME COURT IN THE APPLICABLE DEPARTMENT; PROVIDED, HOWEVER,  THAT  IF
SUCH  FAMILY  COURT  IS NOT IN SESSION AND IF A MAGISTRATE IS NOT AVAIL-
ABLE, SUCH YOUTH SHALL BE BROUGHT BEFORE SUCH FAMILY COURT within seven-
ty-two hours or the next day the court is in session, whichever is soon-
er. Such agency  shall  thereupon  file  an  application  for  an  order
pursuant to section 307.4 and shall forthwith serve a copy of the appli-
cation upon the appropriate presentment agency. Nothing in this subdivi-
sion shall preclude the adjustment of suitable cases pursuant to section
308.1.
  S 14. Intentionally omitted.
  S  15.  Section 308.1 of the family court act, as added by chapter 920
of the laws of 1982, subdivision 2 as amended by section 3 of part V  of
chapter  55 of the laws of 2012, subdivision 4 as amended by chapter 264
of the laws of 2003, subdivisions 5 and 8 as amended by chapter  398  of
the  laws  of  1983,  and subdivision 6 as amended by chapter 663 of the
laws of 1985, is amended to read as follows:
  S 308.1. [Rules  of  court  for  preliminary]  PRELIMINARY  procedure;
ADJUSTMENT  OF  CASES.  1. [Rules of court shall authorize and determine
the circumstances under which the] THE probation service may confer with
any person seeking to have a juvenile delinquency  petition  filed,  the
potential  respondent and other interested persons concerning the advis-
ability of requesting that a petition be filed IN ACCORDANCE  WITH  THIS
SECTION.
  2. (A) Except as provided in subdivisions three [and], four, AND THIR-
TEEN  of  this  section,  the probation service [may, in accordance with
rules of court,] SHALL ATTEMPT TO adjust [suitable cases] A CASE  before
a  petition  is  filed.  SUCH ATTEMPTS MAY INCLUDE THE USE OF A JUVENILE
REVIEW BOARD COMPRISED OF APPROPRIATE COMMUNITY MEMBERS TO WORK WITH THE
CHILD AND HIS OR HER FAMILY ON DEVELOPING RECOMMENDED ADJUSTMENT  ACTIV-
ITIES.   THE PROBATION SERVICE MAY STOP ATTEMPTING TO ADJUST SUCH A CASE
IF IT DETERMINES THAT THERE IS NO SUBSTANTIAL LIKELIHOOD THAT THE  CHILD
WILL  BENEFIT  FROM  ATTEMPTS  AT  ADJUSTMENT  IN THE TIME REMAINING FOR
ADJUSTMENT OR THE TIME FOR ADJUSTMENT HAS EXPIRED.
  (B) The inability of the respondent or  his  or  her  family  to  make
restitution shall not be a factor in a decision to adjust a case or in a
recommendation  to the presentment agency pursuant to subdivision six of
this section.
  (C) Nothing in this section shall prohibit the  probation  service  or
the  court  from directing a respondent to obtain employment and to make
restitution from the earnings from  such  employment.  Nothing  in  this
section shall prohibit the probation service or the court from directing
an eligible person to complete an education reform program in accordance
with section four hundred fifty-eight-l of the social services law.
  3.  The  probation  service  shall  not  ATTEMPT TO adjust a case THAT
COMMENCED IN FAMILY COURT in which the child has allegedly  committed  a
designated  felony  act  THAT INVOLVES ALLEGATIONS THAT THE CHILD CAUSED
PHYSICAL INJURY TO A  PERSON  unless  [it]  THE  PROBATION  SERVICE  has
received the written approval of the court.

A. 9006--B                         82

  4.  The  probation service shall not ATTEMPT TO adjust a case in which
the child has allegedly committed a delinquent  act  which  would  be  a
crime  defined  in  section  120.25, (reckless endangerment in the first
degree), subdivision one of section 125.15, (manslaughter in the  second
degree),  subdivision one of section 130.25, (rape in the third degree),
subdivision one of section 130.40, (criminal sexual  act  in  the  third
degree),  subdivision one or two of section 130.65, (sexual abuse in the
first degree), section 135.65, (coercion in the first  degree),  section
140.20,  (burglary  in  the third degree), section 150.10, (arson in the
third degree), section 160.05, (robbery in the third  degree),  subdivi-
sion  two[,]  OR three [or four] of section 265.02, (criminal possession
of a weapon in the third degree), section 265.03,  (criminal  possession
of  a  weapon  in  the  second  degree),  or  section  265.04, (criminal
possession of a [dangerous] weapon in the first degree) of the penal law
where the child has previously had one or more adjustments of a case  in
which such child allegedly committed an act which would be a crime spec-
ified  in  this subdivision unless it has received written approval from
the court and the appropriate presentment agency.
  5. The fact that a child is detained prior to the filing of a petition
shall not preclude the probation service from  adjusting  a  case;  upon
adjusting  such  a case the probation service shall notify the detention
facility to release the child.
  6. The probation service shall not transmit or  otherwise  communicate
to the presentment agency any statement made by the child to a probation
officer.  However,  the  probation  service  may  make  a recommendation
regarding adjustment of the case to the presentment agency  and  provide
such information, including any report made by the arresting officer and
record of previous adjustments and arrests, as it shall deem relevant.
  7. No statement made to the probation service prior to the filing of a
petition  may be admitted into evidence at a fact-finding hearing or, if
the proceeding is transferred to a criminal court, at any time prior  to
a conviction.
  8.  The  probation  service  may  not prevent any person who wishes to
request that a petition be filed from having access to  the  appropriate
presentment agency for that purpose.
  9.  Efforts  at  adjustment  [pursuant  to  rules of court] under this
section may not extend for a period of more than two  months  [without],
OR,  FOR  A  PERIOD  OF  MORE  THAN FOUR MONTHS IF THE PROBATION SERVICE
DETERMINES THAT ADJUSTMENT BEYOND THE  FIRST  TWO  MONTHS  IS  WARRANTED
BECAUSE  DOCUMENTED  BARRIERS  TO ADJUSTMENT EXIST OR CHANGES NEED TO BE
MADE TO THE CHILD'S SERVICES PLAN, EXCEPT UPON leave of the court, which
may extend the ADJUSTMENT period for an additional two months.
  10. If a case is not adjusted by the probation service,  such  service
shall  notify  the  appropriate  presentment  agency of that fact within
forty-eight hours or the next court day, whichever occurs later.
  11. The probation service may not be authorized under this section  to
compel  any  person  to appear at any conference, produce any papers, or
visit any place.
  12. The probation service shall certify to the  division  of  criminal
justice  services  and  to  the  appropriate  police  department  or law
enforcement agency whenever it adjusts a case  in  which  the  potential
respondent's  fingerprints  were  taken pursuant to section 306.1 in any
manner other than the filing of a petition for juvenile delinquency  for
an  act  which,  if  committed  by  an adult, would constitute a felony,
provided, however, in the case of a child [eleven or]  twelve  years  of
age, such certification shall be made only if the act would constitute a

A. 9006--B                         83

class  A  or  B  felony, OR, IN THE CASE OF A CHILD ELEVEN YEARS OF AGE,
SUCH CERTIFICATION SHALL BE MADE ONLY IF  THE  ACT  WOULD  CONSTITUTE  A
CLASS A-1 FELONY.
  13.  The  [provisions  of  this  section]  PROBATION SERVICE shall not
[apply] ATTEMPT TO ADJUST A CASE where  the  petition  is  an  order  of
removal  to  the  family court pursuant to article seven hundred twenty-
five of the criminal procedure law UNLESS IT HAS  RECEIVED  THE  WRITTEN
APPROVAL OF THE COURT.
  14.  WHERE  WRITTEN APPROVAL IS REQUIRED PRIOR TO ADJUSTMENT ATTEMPTS,
THE PROBATION DEPARTMENT SHALL SEEK SUCH APPROVAL.
  S 16. Paragraph (c) of subdivision 3 of section 311.1  of  the  family
court  act,  as  added by chapter 920 of the laws of 1982, is amended to
read as follows:
  (c) the fact that the respondent is a person [under sixteen years  of]
OF  THE  NECESSARY  age  TO  BE A JUVENILE DELINQUENT at the time of the
alleged act or acts;
  S 17. Subdivision 1 of section 320.5 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  1. At the initial appearance, the court  in  its  discretion  may  (A)
release the respondent or (B) direct his detention.
  S  18.  Subdivision  3  of  section  320.5  of the family court act is
amended by adding a new paragraph (a-1) to read as follows:
  (A-1) NOTWITHSTANDING PARAGRAPH (A) OF  THIS  SUBDIVISION,  THE  COURT
SHALL NOT DIRECT DETENTION IF:
  (I)  SUCH  EVENTS  APPEAR  TO  INVOLVE ONLY ALLEGATIONS THAT THE CHILD
COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT  NO  MORE
THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
  (1)  THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
AND
  (2) THE CHILD WAS ASSESSED AT A LOW RISK ON THE  APPLICABLE  DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES  UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD; OR
  (II) SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD  COMMIT-
TED ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF:
  (1)  THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
  (2) THE CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR  AN  ACT  THAT
WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
  (3)  THE CHILD HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT THAT
WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN  ADULT  AND  THAT  ACT
ALSO DID NOT RESULT IN ANY PHYSICAL INJURY TO ANOTHER PERSON; AND
  (4)  THE  CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
  S 19. Subdivision 5 of section 322.2 of the family court act, as added
by chapter 920 of the laws of 1982, paragraphs (a) and (d) as amended by
chapter 41 of the laws of 2010, is amended to read as follows:
  5.    (a)  If  the court finds that there is probable cause to believe
that the respondent committed a felony, it shall  order  the  respondent
committed  to  the  custody  of the commissioner of mental health or the
commissioner of [mental retardation and]  THE  OFFICE  FOR  PEOPLE  WITH

A. 9006--B                         84

developmental  disabilities for an initial period not to exceed one year
from the date of such order. Such period may be extended  annually  upon
further  application  to the court by the commissioner having custody or
his  or  her designee. Such application must be made not more than sixty
days prior to the expiration of such period  on  forms  that  have  been
prescribed  by  the chief administrator of the courts. At that time, the
commissioner must give written notice of the application to the respond-
ent, the counsel representing the  respondent  and  the  mental  hygiene
legal  service  if  the  respondent  is  at a residential facility. Upon
receipt of such application, the court must conduct a hearing to  deter-
mine the issue of capacity. If, at the conclusion of a hearing conducted
pursuant  to this subdivision, the court finds that the respondent is no
longer incapacitated, he or she shall be returned to  the  family  court
for further proceedings pursuant to this article. If the court is satis-
fied  that the respondent continues to be incapacitated, the court shall
authorize continued custody of the respondent by the commissioner for  a
period not to exceed one year. Such extensions shall not continue beyond
a  reasonable period of time necessary to determine whether the respond-
ent will attain the capacity to proceed to a fact finding hearing in the
foreseeable future but in no event shall continue  beyond  the  respond-
ent's  eighteenth  birthday  OR,  IF THE RESPONDENT WAS AT LEAST SIXTEEN
YEARS OF AGE WHEN THE ACT WAS COMMITTED, BEYOND THE  RESPONDENT'S  TWEN-
TY-FIRST BIRTHDAY.
  (b)  If  a  respondent  is in the custody of the commissioner upon the
respondent's eighteenth birthday, OR IF  THE  RESPONDENT  WAS  AT  LEAST
SIXTEEN  YEARS  OF AGE WHEN THE ACT RESULTING IN THE RESPONDENT'S PLACE-
MENT WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST  BIRTHDAY,  the
commissioner shall notify the clerk of the court that the respondent was
in his custody on such date and the court shall dismiss the petition.
  (c)  If  the  court finds that there is probable cause to believe that
the respondent has committed a designated felony act,  the  court  shall
require  that treatment be provided in a residential facility within the
appropriate office of the department of mental hygiene.
  (d) The commissioner shall review  the  condition  of  the  respondent
within  forty-five days after the respondent is committed to the custody
of the commissioner. He or she shall make a second review within  ninety
days  after the respondent is committed to his or her custody. Thereaft-
er, he or she shall review the condition of the respondent every  ninety
days.  The respondent and the counsel for the respondent, shall be noti-
fied  of  any  such  review and afforded an opportunity to be heard. The
commissioner having custody shall  apply  to  the  court  for  an  order
dismissing  the  petition  whenever he or she determines that there is a
substantial probability that the respondent will continue to be incapac-
itated for the foreseeable future. At the time of such  application  the
commissioner must give written notice of the application to the respond-
ent,  the presentment agency and the mental hygiene legal service if the
respondent is at a residential facility. Upon receipt of  such  applica-
tion,  the  court  may  on its own motion conduct a hearing to determine
whether there  is  substantial  probability  that  the  respondent  will
continue  to  be  incapacitated  for the foreseeable future, and it must
conduct such hearing if a demand therefor is made by the  respondent  or
the  mental  hygiene  legal  service  within ten days from the date that
notice of the application was given to them. The respondent may apply to
the court for an order of dismissal on the same ground.
  S 20. Subdivisions 1 and 5 of section 325.1 of the family  court  act,
subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision

A. 9006--B                         85

5  as  added  by chapter 920 of the laws of 1982, are amended to read as
follows:
  1.  At  the  initial  appearance,  if  the  respondent denies a charge
contained in the petition and the court determines  IN  ACCORDANCE  WITH
THE  REQUIREMENTS OF SECTION 320.5 OF THIS PART that [he] THE RESPONDENT
shall be detained for more than three days pending a fact-finding  hear-
ing,  the court shall schedule a probable-cause hearing to determine the
issues specified in section 325.3 OF THIS PART.
  5. Where the petition consists of an  order  of  removal  pursuant  to
article  seven hundred twenty-five of the criminal procedure law, unless
the removal was pursuant to subdivision three of section 725.05 of  such
law and the respondent was not afforded a probable cause hearing [pursu-
ant  to  subdivision  three  of  section 180.75 of such law for a reason
other than his waiver thereof pursuant to  subdivision  two  of  section
180.75  of  such  law],  the petition shall be deemed to be based upon a
determination that probable cause exists to believe the respondent is  a
juvenile  delinquent  and  the  respondent  shall not be entitled to any
further inquiry on the subject of whether probable cause  exists.  After
the  filing of any such petition the court must, however, exercise inde-
pendent, de novo discretion with respect to release or detention as  set
forth in section 320.5.
  S  21.  Subdivisions 1 and 2 of section 340.2 of the family court act,
as added by chapter 920 of the laws of 1982,  are  amended  to  read  as
follows:
  1.  [The]  EXCEPT  WHEN AUTHORIZED IN ACCORDANCE WITH SECTION 346.1 OF
THIS PART INVOLVING A CASE REMOVED TO FAMILY COURT PURSUANT  TO  ARTICLE
SEVEN  HUNDRED  TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW, THE judge who
presides at the commencement of the fact-finding hearing shall  continue
to preside until such hearing is concluded and an order entered pursuant
to section 345.1 OF THIS PART unless a mistrial is declared.
  2.  The  judge  who presides at the fact-finding hearing or accepts an
admission pursuant to section 321.3 OF THIS ARTICLE shall preside at any
other subsequent hearing in the proceeding, including but not limited to
the dispositional hearing EXCEPT WHERE THE CASE  IS  REMOVED  TO  FAMILY
COURT  PURSUANT  TO  ARTICLE  SEVEN  HUNDRED TWENTY-FIVE OF THE CRIMINAL
PROCEDURE LAW AFTER A FACT-FINDING HEARING HAS OCCURRED.
  S 21-a. Subdivision 2 of section 351.1 of the  family  court  act,  as
amended  by  chapter  880  of  the  laws  of 1985, is amended to read as
follows:
  2. Following a determination that a respondent committed a  crime  and
prior  to  the  dispositional hearing, the court shall order a probation
investigation, A RISK AND NEEDS ASSESSMENT, and may order  a  diagnostic
assessment. BASED UPON THE ASSESSMENT FINDINGS, THE PROBATION DEPARTMENT
SHALL  RECOMMEND  TO  THE  COURT  THAT THE RESPONDENT PARTICIPATE IN ANY
SERVICES NECESSARY TO MITIGATE IDENTIFIED RISKS AND  ADDRESS  INDIVIDUAL
NEEDS.
  S  22.  Paragraph  (a) of subdivision 2 of section 352.2 of the family
court act, as amended by chapter 880 of the laws of 1985, is amended  to
read as follows:
  (a)  In  determining an appropriate order the court shall consider the
needs and best interests of the respondent  as  well  as  the  need  for
protection  of  the  community. If the respondent has committed a desig-
nated felony act the court shall determine the  appropriate  disposition
in  accord  with section 353.5. In all other cases the court shall order
the least restrictive available alternative  enumerated  in  subdivision
one  OF  THIS SECTION which is consistent with the needs and best inter-

A. 9006--B                         86

ests of the respondent and the need for  protection  of  the  community;
PROVIDED,  HOWEVER,  THAT  THE COURT SHALL NOT DIRECT THE PLACEMENT OF A
RESPONDENT WITH A COMMISSIONER OF SOCIAL SERVICES OR THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES IF:
  (I)  SUCH  EVENTS  APPEAR  TO  INVOLVE ONLY ALLEGATIONS THAT THE CHILD
COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT  NO  MORE
THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
  (1)  THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
AND
  (2) THE CHILD WAS ASSESSED AT A LOW RISK ON THE  APPLICABLE  DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES  UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD; OR
  (II) SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD  COMMIT-
TED ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF:
  (1)  THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
  (2) THE CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR  AN  ACT  THAT
WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
  (3)  THE CHILD HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT THAT
WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN  ADULT  AND  THAT  ACT
ALSO DID NOT RESULT IN ANY PHYSICAL INJURY TO ANOTHER PERSON; AND
  (4)  THE  CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
  S  22-a.  Section 352.2 of the family court act is amended by adding a
new subdivision 4 to read as follows:
  4. WHERE A YOUTH RECEIVES  A  JUVENILE  DELINQUENCY  ADJUDICATION  FOR
CONDUCT  COMMITTED  WHEN  THE  YOUTH WAS AGE SIXTEEN OR OLDER THAT WOULD
CONSTITUTE A CRIME UNDER THE VEHICLE AND TRAFFIC LAW, OR A VIOLATION  OF
PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THE ALCOHOL-
IC  BEVERAGE  CONTROL  LAW,  THE  COURT SHALL NOTIFY THE COMMISSIONER OF
MOTOR VEHICLES OF SUCH ADJUDICATION. WHERE A YOUTH RECEIVES  A  JUVENILE
DELINQUENCY  ADJUDICATION  FOR CONDUCT THAT WOULD CONSTITUTE A VIOLATION
OF ANY OTHER PROVISION OF LAW WHICH  ALLOWS  FOR  THE  IMPOSITION  OF  A
LICENSE  AND  REGISTRATION  SANCTION, THE COURT SHALL NOTIFY THE COMMIS-
SIONER OF MOTOR VEHICLES OF SUCH ADJUDICATION. THE COURT SHALL HAVE  THE
POWER  TO  IMPOSE  ANY  SUSPENSION  OR REVOCATION OF DRIVING PRIVILEGES,
IGNITION INTERLOCK DEVICES, ANY DRUG OR ALCOHOL REHABILITATION  PROGRAM,
VICTIM  IMPACT PROGRAM, DRIVER RESPONSIBILITY ASSESSMENT, VICTIM ASSIST-
ANCE FEE, AND SURCHARGE AS IS OTHERWISE REQUIRED UPON A CONVICTION OF  A
CRIME  UNDER  THE  VEHICLE  AND  TRAFFIC  LAW, OR AN OFFENSE FOR WHICH A
LICENSE SANCTION IS REQUIRED, AND, FURTHER, SHALL NOTIFY THE COMMISSION-
ER OF MOTOR VEHICLES OF SAID SUSPENSION OR REVOCATION.
  S 23. Paragraph (a) of subdivision 1 and paragraphs  (f)  and  (h)  of
subdivision 2 of section 353.2 of the family court act, paragraph (a) of
subdivision  1  as  added by chapter 920 of the laws of 1982, paragraphs
(f) and (h) of subdivision 2 as amended by chapter 124 of  the  laws  of
1993, are amended to read as follows:
  (a)  placement  of respondent is not or may not be necessary OR ALLOW-
ABLE;

A. 9006--B                         87

  (f) make restitution or perform services for the public good  pursuant
to  section 353.6, provided the respondent is over [ten] TWELVE years of
age;
  (h)  comply  with  such other reasonable conditions as the court shall
determine to be necessary or appropriate to ameliorate the conduct which
gave rise to the filing of the petition or to prevent placement with the
commissioner of social services or the [division for  youth]  OFFICE  OF
CHILDREN AND FAMILY SERVICES.
  S  23-a. Paragraph (e) of subdivision 2 of section 353.2 of the family
court act, as amended by chapter 124 of the laws of 1993, is amended  to
read as follows:
  (e)  co-operate  with a mental health, social services or other appro-
priate community facility or agency to which the respondent is referred,
INCLUDING A FAMILY SUPPORT CENTER PURSUANT TO TITLE  TWELVE  OF  ARTICLE
SIX OF THE SOCIAL SERVICES LAW;
  S  23-b.  Subdivision  3  of section 353.2 of the family court act, as
added by chapter 920 of the laws of 1982, paragraph (f)  as  amended  by
chapter 465 of the laws of 1992, is amended to read as follows:
  3.  When ordering a period of probation, the court may, as a condition
of such order, further require that the respondent:
  (a) meet with a probation officer when directed to do so by that offi-
cer and permit the officer to visit the respondent at home or elsewhere;
  (b) permit the probation officer to obtain information from any person
or agency from whom respondent is receiving or was directed  to  receive
diagnosis, treatment or counseling;
  (c)  permit  the  probation  officer  to  obtain  information from the
respondent's school;
  (d) co-operate with the probation officer in seeking to obtain and  in
accepting  employment, and supply records and reports of earnings to the
officer when requested to do so; AND
  (e) obtain permission from the probation officer for any absence  from
respondent's residence in excess of two weeks[; and
  (f)  with  the  consent  of  the division for youth, spend a specified
portion of the probation period, not exceeding one year, in a non-secure
facility provided by the division for youth pursuant  to  article  nine-
teen-G of the executive law].
  S  24. Subparagraph (iii) of paragraph (a) and paragraph (d) of subdi-
vision 4 of section 353.5 of the family court act, as amended by section
6 of subpart A of part G of chapter 57 of the laws of 2012,  is  amended
to read as follows:
  (iii)  after the period set under subparagraph (ii) of this paragraph,
the respondent shall be placed in a residential facility for a period of
twelve months; provided, however, that if the respondent has been placed
from a family court in a social services district operating an  approved
juvenile  justice  services close to home initiative pursuant to section
four hundred four of the social services law FOR AN ACT  COMMITTED  WHEN
THE  RESPONDENT  WAS UNDER SIXTEEN YEARS OF AGE, once the time frames in
subparagraph (ii) of this paragraph are met:
  (d) Upon the expiration of the initial period  of  placement,  or  any
extension  thereof,  the  placement  may  be extended in accordance with
section 355.3 on a petition of any party or the office of  children  and
family services, or, if applicable, a social services district operating
an  approved juvenile justice services close to home initiative pursuant
to section four hundred four of the social services law, after a  dispo-
sitional  hearing, for an additional period not to exceed twelve months,
but no initial placement or extension of placement  under  this  section

A. 9006--B                         88

may  continue  beyond the respondent's twenty-first birthday, OR, FOR AN
ACT THAT WAS COMMITTED WHEN THE RESPONDENT WAS SIXTEEN YEARS OF  AGE  OR
OLDER, THE RESPONDENT'S TWENTY-THIRD BIRTHDAY.
  S  25.  Paragraph  (d) of subdivision 4 of section 353.5 of the family
court act, as amended by chapter 398 of the laws of 1983, is amended  to
read as follows:
  (d)  Upon  the  expiration  of the initial period of placement, or any
extension thereof, the placement may  be  extended  in  accordance  with
section  355.3  on  a  petition of any party or the [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES after  a  dispositional  hearing,
for  an  additional  period  not to exceed twelve months, but no initial
placement or extension of placement  under  this  section  may  continue
beyond  the  respondent's twenty-first birthday, OR, FOR AN ACT THAT WAS
COMMITTED WHEN THE RESPONDENT WAS SIXTEEN YEARS OF  AGE  OR  OLDER,  THE
RESPONDENT'S TWENTY-THIRD BIRTHDAY.
  S  26.  The opening paragraph of subdivision 1 of section 353.6 of the
family court act, as amended by chapter 877 of  the  laws  of  1983,  is
amended to read as follows:
  At  the  conclusion  of  the  dispositional hearing in cases involving
respondents over [ten] TWELVE years of age the court may:
  S 27. Section 354.1 of the family court act, as added by  chapter  920
of  the laws of 1982, subdivisions 2, 6, and 7 as amended by chapter 645
of the laws of 1996, subdivisions 4 and 5 as amended by chapter  398  of
the laws of 1983, is amended to read as follows:
  S  354.1. Retention and destruction of fingerprints of persons alleged
to be juvenile delinquents. 1. If a  person  whose  fingerprints,  palm-
prints  or  photographs  were  taken  pursuant  to  section 306.1 or was
initially fingerprinted as a juvenile offender and the action is  subse-
quently  removed  to  a  family  court pursuant to article seven hundred
twenty-five of the criminal procedure law is adjudicated to be  a  juve-
nile delinquent for a felony, the family court shall forward or cause to
be  forwarded  to the division of criminal justice services notification
of such adjudication and such related information as may be required  by
such  division,  provided,  however,  in the case of a person eleven [or
twelve] years of age such notification shall be provided only if the act
upon which the adjudication is based would constitute a class [A  or  B]
A-1 felony OR, IN THE CASE OF A PERSON TWELVE YEARS OF AGE, SUCH NOTIFI-
CATION  SHALL BE PROVIDED ONLY IF THE ACT UPON WHICH THE ADJUDICATION IS
BASED WOULD CONSTITUTE A CLASS A OR B FELONY.
  2. If a person whose  fingerprints,  palmprints  or  photographs  were
taken  pursuant  to  section  306.1  or was initially fingerprinted as a
juvenile offender and the action is subsequently removed to family court
pursuant to article seven hundred twenty-five of the criminal  procedure
law  has had all petitions disposed of by the family court in any manner
other than an adjudication of juvenile delinquency for a felony, but  in
the case of acts committed when such person was eleven [or twelve] years
of  age  which would constitute a class [A or B] A-1 felony only, OR, IN
THE CASE OF ACTS COMMITTED WHEN SUCH PERSON  WAS  TWELVE  YEARS  OF  AGE
WHICH  WOULD  CONSTITUTE  A  CLASS  A OR B FELONY ONLY, all such finger-
prints, palmprints, photographs, and copies thereof, and all information
relating to such  allegations  obtained  by  the  division  of  criminal
justice services pursuant to section 306.1 shall be destroyed forthwith.
The  clerk of the court shall notify the commissioner of the division of
criminal justice services and the heads of all  police  departments  and
law  enforcement  agencies  having  copies  of  such  records, who shall
destroy such records without unnecessary delay.

A. 9006--B                         89

  3. If the appropriate presentment agency does not originate a proceed-
ing under section 310.1 for a case in which the  potential  respondent's
fingerprints were taken pursuant to section 306.1, the presentment agen-
cy shall serve a certification of such action upon the division of crim-
inal justice services, and upon the appropriate police department or law
enforcement agency.
  4.  If,  following the taking into custody of a person alleged to be a
juvenile delinquent and the taking and forwarding  to  the  division  of
criminal  justice  services  of  such person's fingerprints but prior to
referral to the probation department or to the family court, an  officer
or  agency,  elects not to proceed further, such officer or agency shall
serve a certification of such election upon  the  division  of  criminal
justice services.
  5.  Upon certification pursuant to subdivision twelve of section 308.1
or subdivision three or four of this section, the department  or  agency
shall  destroy  forthwith all fingerprints, palmprints, photographs, and
copies thereof, and all other information obtained in the case  pursuant
to  section  306.1.  Upon receipt of such certification, the division of
criminal justice services and all police departments and law enforcement
agencies having copies of such records shall destroy them.
  6. If a person fingerprinted pursuant to section 306.1 and subsequent-
ly adjudicated a juvenile delinquent for a felony, but in  the  case  of
acts  committed  when  such a person was eleven [or twelve] years of age
which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
CONSTITUTE A CLASS A OR B FELONY ONLY, is subsequently  convicted  of  a
crime, all fingerprints and related information obtained by the division
of  criminal justice services pursuant to such section and not destroyed
pursuant to subdivisions two, five and seven or  subdivision  twelve  of
section 308.1 shall become part of such division's permanent adult crim-
inal record for that person, notwithstanding section 381.2 or 381.3.
  7.  When  a  person fingerprinted pursuant to section 306.1 and subse-
quently adjudicated a juvenile delinquent for a felony, but in the  case
of  acts  committed when such person was eleven [or twelve] years of age
which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
CONSTITUTE A CLASS A OR B FELONY ONLY, reaches the age of twenty-one, or
has been discharged from placement under this act  for  at  least  three
years,  whichever occurs later, and has no criminal convictions or pend-
ing  criminal  actions  which  ultimately  terminate   in   a   criminal
conviction,  all  fingerprints,  palmprints,  photographs,  and  related
information and copies thereof obtained pursuant to section 306.1 in the
possession of the division of  criminal  justice  services,  any  police
department,  law  enforcement  agency  or  any  other  agency  shall  be
destroyed forthwith. The division of  criminal  justice  services  shall
notify the agency or agencies which forwarded fingerprints to such divi-
sion  pursuant  to  section  306.1  of their obligation to destroy those
records in their possession. In the case of a  pending  criminal  action
which does not terminate in a criminal conviction, such records shall be
destroyed forthwith upon such determination.
  S  28.  Subdivisions 1 and 6 of section 355.3 of the family court act,
subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
6 as amended by chapter 663 of the laws of 1985, are amended to read  as
follows:
  1.  In  any  case  in which the respondent has been placed pursuant to
section 353.3 the respondent, the person with whom  the  respondent  has

A. 9006--B                         90

been  placed,  the commissioner of social services, or the [division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES may petition the court  to
extend  such placement. Such petition shall be filed at least sixty days
prior  to  the  expiration  of  the period of placement, except for good
cause shown but in no event shall  such  petition  be  filed  after  the
original expiration date.
  6. Successive extensions of placement under this section may be grant-
ed,  but  no  placement may be made or continued beyond the respondent's
eighteenth birthday without  the  child's  consent  FOR  ACTS  COMMITTED
BEFORE  THE  RESPONDENT'S  SIXTEENTH  BIRTHDAY  and in no event past the
child's twenty-first birthday EXCEPT AS PROVIDED FOR IN SUBDIVISION FOUR
OF SECTION 353.5.
  S 29. Subdivision 5 of section 355.4 of the family court act, as added
by chapter 479 of the laws of 1992, is amended to read as follows:
  5. Nothing in this section shall: REQUIRE  THAT  CONSENT  BE  OBTAINED
FROM  THE  YOUTH'S  PARENT  OR LEGAL GUARDIAN TO ANY MEDICAL, DENTAL, OR
MENTAL HEALTH SERVICE AND TREATMENT WHEN NO CONSENT IS NECESSARY OR  THE
YOUTH IS AUTHORIZED BY LAW TO CONSENT ON HIS OR HER OWN BEHALF; preclude
a  youth from consenting on his or her own behalf to any medical, dental
or mental health service and treatment where otherwise authorized by law
to do so[, or the division for youth]; OR PRECLUDE THE OFFICER OF  CHIL-
DREN  AND FAMILY SERVICES OR A SOCIAL SERVICES DISTRICT from petitioning
the court pursuant to section two hundred thirty-three of this  act,  as
appropriate.
  S  30.  Paragraph  (b) of subdivision 3 of section 355.5 of the family
court act, as amended by chapter 145 of the laws of 2000, is amended  to
read as follows:
  (b)  subsequent  permanency hearings shall be held no later than every
twelve months following the respondent's initial twelve months in place-
ment BUT IN  NO  EVENT  PAST  THE  RESPONDENT'S  TWENTY-FIRST  BIRTHDAY;
provided, however, that they shall be held in conjunction with an exten-
sion  of placement hearing held pursuant to section 355.3 of this [arti-
cle] PART.
  S 31. Subdivisions 2 and 6 of section 360.3 of the family  court  act,
as  added  by  chapter  920  of the laws of 1982, are amended to read as
follows:
  2. At the time of his OR HER first appearance following the filing  of
a petition of violation the court must: (a) advise the respondent of the
contents of the petition and furnish him OR HER with a copy thereof; (b)
determine whether the respondent should be released or detained pursuant
to section 320.5, PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE
A  RESPONDENT  TO  BE DETAINED FOR A VIOLATION OF A CONDITION THAT WOULD
NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT  DETER-
MINES (I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC
SAFETY  AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE
RESPONDENT IS ON PROBATION FOR AN ACT THAT WOULD  CONSTITUTE  A  VIOLENT
FELONY  AS  DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN
ADULT AND THE USE OF GRADUATED SANCTIONS  HAVE  BEEN  EXHAUSTED  WITHOUT
SUCCESS; and (c) ask the respondent whether he OR SHE wishes to make any
statement  with  respect  to  the  violation.  If the respondent makes a
statement, the court may accept it and base its  decision  thereon;  the
provisions  of subdivision two of section 321.3 shall apply in determin-
ing whether a statement should be accepted. If the court does not accept
such statement or if the respondent does not make a statement, the court
shall proceed with the hearing. Upon request, the court  shall  grant  a

A. 9006--B                         91

reasonable adjournment to the respondent to enable him OR HER to prepare
for the hearing.
  6.  At the conclusion of the hearing the court may revoke, continue or
modify the order of probation or conditional  discharge.  If  the  court
revokes  the  order,  it shall order a different disposition pursuant to
section 352.2, PROVIDED, HOWEVER, THAT NOTHING  HEREIN  SHALL  AUTHORIZE
THE  PLACEMENT OF A RESPONDENT FOR A VIOLATION OF A CONDITION THAT WOULD
NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT  DETER-
MINES (I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC
SAFETY  AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE
RESPONDENT IS ON PROBATION FOR AN ACT THAT WOULD  CONSTITUTE  A  VIOLENT
FELONY  AS  DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN
ADULT AND THE USE OF GRADUATED SANCTIONS  HAVE  BEEN  EXHAUSTED  WITHOUT
SUCCESS.    If the court continues the order of probation or conditional
discharge, it shall dismiss the petition of violation.
  S 32. Intentionally omitted.
  S 33. Subdivisions (d) and (i) of section 712 of the family court act,
subdivision (d) as amended by chapter 920  of  the  laws  of  1982,  and
subdivision  (i)  as  amended  by  chapter  38  of the laws of 2014, are
amended and two new subdivisions (d-1) and (n)  are  added  to  read  as
follows:
  (d)  "Non-secure detention facility". [A facility characterized by the
absence of physically  restricting  construction,  hardware  and  proce-
dures.]  A  FOSTER  CARE PROGRAM CERTIFIED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES OR A CERTIFIED OR APPROVED FAMILY BOARDING HOME, OR IN A
CITY HAVING A POPULATION OF FIVE MILLION OR MORE, A FOSTER CARE FACILITY
ESTABLISHED AND MAINTAINED PURSUANT TO THE SOCIAL SERVICES LAW.
  (D-1) "DETENTION FACILITY". A FOSTER CARE  PROGRAM  CERTIFIED  BY  THE
OFFICE OF CHILDREN AND FAMILY SERVICES OR A CERTIFIED OR APPROVED FAMILY
BOARDING HOME, OR IN A CITY HAVING A POPULATION OF FIVE MILLION OR MORE,
A FOSTER CARE FACILITY ESTABLISHED AND MAINTAINED PURSUANT TO THE SOCIAL
SERVICES LAW.
  (i)  "Diversion  services". Services provided to children and families
pursuant to section seven hundred thirty-five of this  article  for  the
purpose  of avoiding the need to file a petition or direct the detention
of the child. Diversion services shall include: efforts to adjust  cases
pursuant  to this article before a petition is filed, or by order of the
court,  [after  the  petition  is  filed  but  before  fact-finding   is
commenced;]  AT ANY TIME; and preventive services provided in accordance
with section four hundred nine-a of the social services law to avert the
placement of the child into foster care, including  crisis  intervention
and  respite  services.    Diversion services may also include, in cases
where any person is seeking to file a petition  that  alleges  that  the
child  has a substance use disorder or is in need of immediate detoxifi-
cation or substance use disorder services, an assessment  for  substance
use   disorder;   provided,  however,  that  notwithstanding  any  other
provision of law to the contrary, the designated lead agency  shall  not
be  required  to pay for all or any portion of the costs of such assess-
ment or substance use disorder or  detoxification  services,  except  in
cases  where medical assistance for needy persons may be used to pay for
all or any portion of the costs of such assessment or services.
  (N) "FAMILY SUPPORT CENTER". A PROGRAM ESTABLISHED PURSUANT  TO  TITLE
TWELVE ARTICLE SIX OF THE SOCIAL SERVICES LAW.
  S  34.  Section 720 of the family court act, as amended by chapter 419
of the laws of 1987, subdivision 3 as amended by section 9 of subpart  B
of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by

A. 9006--B                         92

section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c)
of  subdivision  5  as added by section 8 of part G of chapter 58 of the
laws of 2010, is amended to read as follows:
  S  720. Detention. 1. No child to whom the provisions  of this article
may apply, shall be detained in any prison, jail, lockup, or other place
used for adults convicted of crime or under arrest and  charged  with  a
crime.
  2.  The  detention of a child in a secure detention facility shall not
be directed under any of the provisions of this article.
  3. Detention of a person alleged to be or adjudicated as a  person  in
need  of  supervision  shall,  except as provided in subdivision four of
this section, be authorized only in a foster care program  certified  by
the  office  of children and family services, or a certified or approved
family boarding home, [or a non-secure detention facility  certified  by
the  office] and in accordance with section seven hundred thirty-nine of
this article. The setting of the detention shall take into  account  (a)
the  proximity  to  the  community  in which the person alleged to be or
adjudicated as a person in need of supervision lives with such  person's
parents or to which such person will be discharged, and (b) the existing
educational  setting of such person and the proximity of such setting to
the location of the detention setting.
  4. Whenever detention is authorized and ordered pursuant to this arti-
cle, for a person alleged to be or adjudicated as a person  in  need  of
supervision, a family court in a city having a population of one million
or  more  shall,  notwithstanding  any  other  provision  of law, direct
detention in a foster care facility established and maintained  pursuant
to the social services law. In all other respects, the detention of such
a  person  in  a  foster care facility shall be subject to the identical
terms and conditions for detention as are set forth in this article  and
in section two hundred thirty-five of this act.
  5.  (a) The court shall not order or direct detention under this arti-
cle, unless the court determines that there is no substantial likelihood
that the youth and his or her  family  will  continue  to  benefit  from
diversion  services,  AND  THAT  CONTINUATION  IN  THE HOME WOULD NOT BE
APPROPRIATE BECAUSE SUCH CONTINUATION WOULD (A) CONTINUE OR  WORSEN  THE
CIRCUMSTANCES  ALLEGED  IN  THE UNDERLYING PETITION, OR THAT CREATED THE
NEED FOR A PETITION TO BE SOUGHT OR (B) CREATE  A  SAFETY  RISK  TO  THE
CHILD OR THE CHILD'S FAMILY and that all OTHER available alternatives to
detention have been exhausted; and
  (b) [Where the youth is sixteen years of age or older, the court shall
not  order  or  direct  detention  under  this article, unless the court
determines and states in its order that special circumstances  exist  to
warrant such detention.
  (c)] If the respondent may be a sexually exploited child as defined in
subdivision  one  of  section  four  hundred forty-seven-a of the social
services law, the court may direct the respondent to an available short-
term safe house as defined in subdivision two of  section  four  hundred
forty-seven-a of the social services law as an alternative to detention.
  S 35. Intentionally omitted.
  S  36. Section 728 of the family court act, subdivision (a) as amended
by chapter 41 of the laws of 2010, subdivision (b) as amended by chapter
419 of the laws of 1987, subdivision (d) as added by chapter 145 of  the
laws  of  2000, paragraph (i) as added and paragraph (ii) of subdivision
(d) as renumbered by section 5 of part E of chapter 57 of  the  laws  of
2005,  and  paragraph (iii) as amended and paragraph (iv) of subdivision

A. 9006--B                         93

(d) as added by section 10 of subpart B of part Q of chapter 58  of  the
laws of 2011, is amended to read as follows:
  S  728.  Discharge,  release  or  detention by judge after hearing and
before filing of petition in custody cases.  (a) If a child  in  custody
is  brought  before  a  judge  of  the family court before a petition is
filed, the judge shall hold a  hearing  for  the  purpose  of  making  a
preliminary determination of whether the court appears to have jurisdic-
tion over the child. At the commencement of the hearing, the judge shall
advise  the child of his or her right to remain silent, his or her right
to be represented by counsel of his or her  own  choosing,  and  of  the
right  to  have an attorney assigned in accord with part four of article
two of this act. The judge must also allow the child a  reasonable  time
to  send  for  his  or  her  parents  or other person or persons legally
responsible for his or her care, and for counsel, and adjourn the  hear-
ing for that purpose.
  (b)  After  hearing, the judge shall order the release of the child to
the custody of his parent or other person legally  responsible  for  his
care if the court does not appear to have jurisdiction.
  (c)  An  order  of  release  under  this section may, but need not, be
conditioned upon the giving of a recognizance in accord with  [sections]
SECTION seven hundred twenty-four (b) (i).
  (d)  Upon  a  finding  of  facts and reasons which support a detention
order pursuant to this section, the court shall also determine and state
in any order directing detention:
  (i) that there is no substantial likelihood that the youth and his  or
her  family  will  continue  to  benefit  from  diversion services, THAT
CONTINUATION IN THE HOME WOULD NOT BE APPROPRIATE BECAUSE SUCH CONTINUA-
TION WOULD (A) CONTINUE OR  WORSEN  THE  CIRCUMSTANCES  ALLEGED  IN  THE
UNDERLYING  PETITION,  OR  THAT  CREATED  THE  NEED FOR A PETITION TO BE
SOUGHT OR (B) CREATE A SAFETY RISK TO THE CHILD OR  THE  CHILD'S  FAMILY
and  that  all  OTHER  available  alternatives  to  detention  have been
exhausted; and
  (ii) whether continuation of the child in the child's  home  would  be
contrary  to the best interests of the child based upon, and limited to,
the facts and circumstances available to the court at the  time  of  the
hearing held in accordance with this section; and
  (iii) where appropriate, whether reasonable efforts were made prior to
the  date  of the court hearing that resulted in the detention order, to
prevent or eliminate the need for removal of the child from his  or  her
home or, if the child had been removed from his or her home prior to the
court  appearance  pursuant  to this section, where appropriate, whether
reasonable efforts were made to make it possible for the child to safely
return home; and
  (iv) whether the setting of the detention takes into account the prox-
imity to the community in which the person alleged to be or  adjudicated
as  a  person in need of supervision lives with such person's parents or
to which such person will be discharged, and  the  existing  educational
setting of such person and the proximity of such setting to the location
of the detention setting.
  S 37. Intentionally omitted.
  S  38.  Section  735 of the family court act, as added by section 7 of
part E of chapter 57 of the laws of 2005, subdivision (b) as amended  by
chapter  38  of  the  laws  of 2014, paragraph (i) of subdivision (d) as
amended by chapter 535 of the laws  of  2011,  and  subdivision  (h)  as
amended  by  chapter  499  of  the  laws  of 2015, is amended to read as
follows:

A. 9006--B                         94

  S 735. Preliminary procedure; diversion services. (a) Each county  and
any  city  having a population of one million or more shall offer diver-
sion services as defined in section seven hundred twelve of this article
to youth who are at risk of being the subject of a  person  in  need  of
supervision  petition.  Such  services  shall  be designed to provide an
immediate response to families in crisis, to identify and utilize appro-
priate alternatives to detention and to  divert  youth  from  being  the
subject  of  a petition in family court. Each county and such city shall
designate either the local social services  district  or  the  probation
department  as  lead  agency  for  the  purposes  of providing diversion
services.
  (b) The designated lead agency shall:
  (i) confer with any person seeking to file a petition, the  youth  who
may  be  a potential respondent, his or her family, and other interested
persons, concerning the provision of diversion services before any peti-
tion may be filed; and
  (ii) diligently attempt to prevent the filing of a petition under this
article or, after the petition is filed, to prevent the placement of the
youth  into  foster  care  IN  ACCORDANCE  WITH  SECTION  SEVEN  HUNDRED
FIFTY-SIX OF THIS ARTICLE; and
  (iii)  assess whether the youth would benefit from residential respite
services; and
  (iv) ASSESS WHETHER THE YOUTH IS A SEXUALLY EXPLOITED CHILD AS DEFINED
IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW AND, IF
SO, WHETHER SUCH YOUTH SHOULD BE REFERRED TO A SAFE HOUSE; AND
  (V) determine whether alternatives to  detention  are  appropriate  to
avoid remand of the youth to detention;
  (VI)  DETERMINE  WHETHER  THE  YOUTH  AND  HIS OR HER FAMILY SHOULD BE
REFERRED TO AN AVAILABLE FAMILY SUPPORT CENTER; [and]
  (VII) ASSESS WHETHER REMAINING IN THE HOME WOULD CAUSE  THE  CONTINUA-
TION OR WORSENING OF THE CIRCUMSTANCES THAT CREATED THE NEED FOR A PETI-
TION  TO  BE SOUGHT, OR CREATE A SAFETY RISK TO THE CHILD OR THE CHILD'S
FAMILY; AND
  [(v)]  (VIII)  determine  whether  an  assessment  of  the  youth  for
substance  use  disorder  by an office of alcoholism and substance abuse
services certified provider is necessary when a person seeking to file a
petition alleges in such petition that the youth  is  suffering  from  a
substance use disorder which could make the youth a danger to himself or
herself  or  others.  Provided,  however, that notwithstanding any other
provision of law to the contrary, the designated lead agency  shall  not
be  required  to pay for all or any portion of the costs of such assess-
ment or for any  substance  use  disorder  or  detoxification  services,
except  in  cases where medical assistance for needy persons may be used
to pay for all or any  portion  of  the  costs  of  such  assessment  or
services.  The  office  of alcoholism and substance abuse services shall
make a list of its certified providers available to the designated  lead
agency.
  (c)  Any  person or agency seeking to file a petition pursuant to this
article which does not have attached thereto the documentation  required
by subdivision (g) of this section shall be referred by the clerk of the
court  to  the  designated lead agency which shall schedule and hold, on
reasonable notice to the potential petitioner, the youth and his or  her
parent or other person legally responsible for his or her care, at least
one  conference  in  order  to  determine  the factual circumstances and
determine whether the youth and his or her family should receive  diver-
sion services pursuant to this section. Diversion services shall include

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clearly  documented diligent attempts to provide appropriate services to
the youth and his or her family unless it is determined that there is no
substantial likelihood that the youth and his or her family will benefit
from  further  diversion  attempts.  Notwithstanding  the  provisions of
section two hundred sixteen-c of this act, the clerk  shall  not  accept
for  filing  under  this  part  any petition that does not have attached
thereto the documentation required by subdivision (g) of this section.
  (d) Diversion services shall include documented diligent  attempts  to
engage  the youth and his or her family in appropriately targeted commu-
nity-based services, but shall not be limited to:
  (i) providing, at the first contact, information on  the  availability
of  or a referral to services in the geographic area where the youth and
his or her family are located that may be of  benefit  in  avoiding  the
need  to file a petition under this article; including the availability,
for up to twenty-one days, of a  residential  respite  program,  if  the
youth  and his or her parent or other person legally responsible for his
or her care agree, and the availability of other non-residential  crisis
intervention  programs  such  as  A FAMILY SUPPORT CENTER, family crisis
counseling or alternative dispute resolution programs or an  educational
program  as  defined in section four hundred fifty-eight-l of the social
services law.
  (ii) scheduling and holding at least one conference with the youth and
his or her family and the person or representatives of the entity  seek-
ing  to  file  a  petition under this article concerning alternatives to
filing a petition and services that are  available.  Diversion  services
shall  include clearly documented diligent attempts to provide appropri-
ate services to the youth and his or her family before it may be  deter-
mined  that there is no substantial likelihood that the youth and his or
her family will benefit from further attempts.
  (iii) where the entity seeking to file a petition is a school district
or local educational agency, the designated lead agency shall review the
steps taken by the  school  district  or  local  educational  agency  to
improve  the  youth's attendance and/or conduct in school and attempt to
engage the school district or local educational agency in further diver-
sion attempts, if it appears from review  that  such  attempts  will  be
beneficial to the youth.
  (e)  The  designated  lead agency shall maintain a written record with
respect to each youth and his  or  her  family  for  whom  it  considers
providing  or  provides diversion services pursuant to this section. The
record shall be made available to the court at or prior to  the  initial
appearance  of  the  youth  in any proceeding initiated pursuant to this
article.
  (f) Efforts to prevent the filing  of  a  petition  pursuant  to  this
section  may  extend  until  the  designated lead agency determines that
there is no substantial likelihood that the youth and his or her  family
will  benefit  from  further  attempts. Efforts at diversion pursuant to
this section may continue after the  filing  of  a  petition  where  the
designated  lead  agency determines that the youth and his or her family
will benefit from further attempts to prevent  PLACEMENT  OF  the  youth
from  entering  foster  care  IN  ACCORDANCE  WITH SECTION SEVEN HUNDRED
FIFTY-SIX OF THIS ARTICLE.
  (g) (i) The designated lead agency shall promptly give written  notice
to the potential petitioner whenever attempts to prevent the filing of a
petition  have  terminated,  and  shall  indicate in such notice whether
efforts were successful. The  notice  shall  also  detail  the  diligent
attempts  made  to divert the case if a determination has been made that

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there is no substantial likelihood that  the  youth  will  benefit  from
further  attempts.  No  persons  in  need of supervision petition may be
filed pursuant to this article during the  period  the  designated  lead
agency is providing diversion services. A finding by the designated lead
agency  that  the  case  has been successfully diverted shall constitute
presumptive evidence that the underlying allegations have been  success-
fully  resolved in any petition based upon the same factual allegations.
No petition may be filed pursuant to this article by the parent or other
person legally responsible for the youth where diversion  services  have
been  terminated  because  of  the failure of the parent or other person
legally responsible for the youth to consent to or actively participate.
  (ii) The clerk of the court shall accept a petition for filing only if
it has attached thereto the following:
  (A) if the potential petitioner is the parent or other person  legally
responsible  for  the  youth,  a  notice from the designated lead agency
indicating there is no bar to the filing of the petition as  the  poten-
tial  petitioner  consented  to  and  actively participated in diversion
services; and
  (B) a notice from the designated  lead  agency  stating  that  it  has
terminated diversion services because it has determined that there is no
substantial likelihood that the youth and his or her family will benefit
from  further  attempts,  and  that  the  case has not been successfully
diverted.
  (h) No statement made to the designated lead agency or to  any  agency
or  organization  to  which  the potential respondent has been referred,
prior to the filing of the petition, or if the petition has been  filed,
prior  to  the  time  the  respondent has been notified that attempts at
diversion will not be made or have been  terminated,  or  prior  to  the
commencement of a fact-finding hearing if attempts at diversion have not
terminated  previously,  may be admitted into evidence at a fact-finding
hearing or, if the proceeding is transferred to a criminal court, at any
time prior to a conviction.
  S 38-a.  Subdivision (b) of section 742 of the family  court  act,  as
amended  by  section  9  of part E of chapter 57 of the laws of 2005, is
amended to read as follows:
  (b) At the initial appearance  of  the  respondent,  the  court  shall
review  any  termination of diversion services pursuant to such section,
and the  documentation  of  diligent  attempts  to  provide  appropriate
services  and  determine  whether  such efforts or services provided are
sufficient [and]. THE COURT may, AT ANY TIME, subject to the  provisions
of  section  seven hundred forty-eight of this article, order that addi-
tional diversion attempts be undertaken by the designated  lead  agency.
The  court  may  order  the youth and the parent or other person legally
responsible for the youth to participate in diversion services.  If  the
designated  lead  agency  thereafter  determines  that the case has been
successfully resolved, it shall so notify the court, and the court shall
dismiss the petition.
  S 38-b. Subdivision (a) of section 749 of the  family  court  act,  as
amended  by  section  4  of part V of chapter 55 of the laws of 2012, is
amended to read as follows:
  (a) (i) Upon or after a fact-finding hearing, the court may, upon  its
own motion or upon a motion of a party to the proceeding, order that the
proceeding  be "adjourned in contemplation of dismissal". An adjournment
in contemplation of dismissal is an adjournment of the proceeding, for a
period not to exceed six months with a view to ultimate dismissal of the
petition in furtherance of justice. Upon issuing  such  an  order,  upon

A. 9006--B                         97

such  permissible  terms  and  conditions  as  the  rules of court shall
define, the court must release the individual.
  (ii)  The court may, as a condition of an adjournment in contemplation
of dismissal order: (A) in cases where the  record  indicates  that  the
consumption  of alcohol may have been a contributing factor, require the
respondent to attend and complete an alcohol  awareness  program  estab-
lished  pursuant  to  section 19.25 of the mental hygiene law; or (B) in
cases where the record indicates that cyberbullying or sexting  was  the
basis  of the petition, require an eligible person to complete an educa-
tion  reform  program  in   accordance   with   section   four   hundred
fifty-eight-l of the social services law; OR (C) PARTICIPATE IN SERVICES
INCLUDING BUT NOT LIMITED TO THOSE PROVIDED BY FAMILY SUPPORT CENTERS.
  (iii)  Upon  application  of  the  petitioner, or upon the court's own
motion, made at any time during the duration of the order, the court may
restore the matter  to  the  calendar.  If  the  proceeding  is  not  so
restored, the petition is at the expiration of the order, deemed to have
been dismissed by the court in furtherance of justice.
  S 38-c. Section 751 of the family court act, as amended by chapter 100
of the laws of 1993, is amended to read as follows:
  S  751.  Order  dismissing  petition. If the allegations of a petition
under this article are not established,  the  court  shall  dismiss  the
petition.  The court may in its discretion dismiss a petition under this
article, in the interests of justice where attempts have  been  made  to
adjust  the  case  as provided for in sections seven hundred thirty-five
and seven hundred forty-two of this article and  the  probation  service
has  exhausted  its efforts to successfully adjust such case as a result
of the petition's  failure  to  provide  reasonable  assistance  to  the
probation  service.  IN  DISMISSING A PETITION PURSUANT TO THIS SECTION,
THE COURT SHALL CONSIDER WHETHER A REFERRAL OF SERVICES WOULD BE  APPRO-
PRIATE TO MEET THE NEEDS OF THE RESPONDENT AND HIS OR HER FAMILY.
  S 39. Section 754 of the family court act, subdivision 1 as designated
by  chapter  878  of the laws of 1976, paragraph (c) of subdivision 1 as
amended by section 4 of part V of chapter 383 of the laws of  2001,  the
closing  paragraph  of  subdivision 1 as added by section 5 of part V of
chapter 55 of the laws of 2012, subdivision 2 as amended by chapter 7 of
the laws of 1999, subparagraph (ii) of paragraph (a) of subdivision 2 as
amended by section 20 of part L of chapter 56 of the laws  of  2015  and
the  closing  paragraph  of paragraph (b) of subdivision 2 as amended by
section 21 of part L of chapter 56 of the laws of  2015  is  amended  to
read as follows:
  S  754.  Disposition on adjudication of person in need of supervision.
1.  Upon an adjudication of person in need  of  supervision,  the  court
shall enter an order of disposition:
  (a) Discharging the respondent with warning;
  (b)  Suspending  judgment  in accord with section seven hundred fifty-
five OF THIS PART;
  (c) Continuing the proceeding and placing  the  respondent  in  accord
with  section  seven  hundred fifty-six OF THIS PART; provided, however,
that the court shall not place the respondent  in  accord  with  section
seven  hundred fifty-six where the respondent is sixteen years of age or
older, unless the court determines and states in its order that  special
circumstances exist to warrant such placement; or
  (d)  Putting  the respondent on probation in accord with section seven
hundred fifty-seven OF THIS PART.
  The court may order an eligible person to complete an education reform
program in accordance with section four  hundred  fifty-eight-l  of  the

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social services law, as part of a disposition pursuant to paragraph (a),
(b)  or  (d)  of  this  subdivision.  THE COURT MAY ALSO ORDER SERVICES,
INCLUDING THOSE PROVIDED BY A FAMILY SUPPORT CENTER, AS PART OF A DISPO-
SITION PURSUANT TO PARAGRAPH (A), (B) OR (D) OF THIS SUBDIVISION.
  2. (a) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COURT  SHALL  NOT  ORDER PLACEMENT WITH THE LOCAL COMMISSIONER OF SOCIAL
SERVICES PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF THIS PART UNLESS
THE COURT FINDS AND STATES IN WRITING THAT:
  (I) NO APPROPRIATE SUITABLE RELATIVE OR  SUITABLE  PRIVATE  PERSON  IS
AVAILABLE  FOR  PLACEMENT PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF
THIS PART; AND
  (II) PLACEMENT IN THE CHILD'S HOME WOULD NOT  BE  APPROPRIATE  BECAUSE
SUCH PLACEMENT WOULD:
  (A)  CONTINUE  OR  WORSEN  THE CIRCUMSTANCES ALLEGED IN THE UNDERLYING
PETITION OR,
  (B) CREATE A SAFETY RISK TO THE CHILD OR THE CHILD'S FAMILY.
  (B) The order shall state  the  court's  reasons  for  the  particular
disposition.  If  the  court places the child in accordance with section
seven hundred fifty-six of this part,  the  court  in  its  order  shall
determine: (i) whether continuation in the child's home would be contra-
ry to the best interest of the child and where appropriate, that reason-
able  efforts  were  made prior to the date of the dispositional hearing
held pursuant to this article to  prevent  or  eliminate  the  need  for
removal  of the child from his or her home and, if the child was removed
from his or her home prior to  the  date  of  such  hearing,  that  such
removal was in the child's best interest and, where appropriate, reason-
able efforts were made to make it possible for the child to return safe-
ly  home.  If the court determines that reasonable efforts to prevent or
eliminate the need for removal of the child from the home were not  made
but  that  the  lack  of  such efforts was appropriate under the circum-
stances, the court order shall include such a finding; and (ii)  in  the
case of a child who has attained the age of fourteen, the services need-
ed,  if any, to assist the child to make the transition from foster care
to independent living. Nothing in this subdivision shall be construed to
modify the standards for directing detention set forth in section  seven
hundred thirty-nine of this article.
  [(b)]  (C)  For  the  purpose  of  this section, reasonable efforts to
prevent or eliminate the need for removing the child from  the  home  of
the  child  or to make it possible for the child to return safely to the
home of the child shall not be required where the court determines that:
  (i) the parent of such child has subjected  the  child  to  aggravated
circumstances,  as  defined  in subdivision (g) of section seven hundred
twelve of this article;
  (ii) the parent of such child has been convicted of (A) murder in  the
first degree as defined in section 125.27 or murder in the second degree
as defined in section 125.25 of the penal law and the victim was another
child  of the parent; or (B) manslaughter in the first degree as defined
in section 125.20 or manslaughter in the second  degree  as  defined  in
section  125.15 of the penal law and the victim was another child of the
parent, provided, however, that the parent must have  acted  voluntarily
in committing such crime;
  (iii)  the  parent  of  such child has been convicted of an attempt to
commit any of the crimes set forth in subparagraphs (i) and (ii) of this
paragraph, and the victim or intended victim was the  child  or  another
child  of  the parent; or has been convicted of criminal solicitation as
defined in article one hundred, conspiracy as  defined  in  article  one

A. 9006--B                         99

hundred  five or criminal facilitation as defined in article one hundred
fifteen of the penal law for conspiring, soliciting or facilitating  any
of the foregoing crimes, and the victim or intended victim was the child
or another child of the parent;
  (iv)  the  parent  of  such child has been convicted of assault in the
second degree as defined in section 120.05, assault in the first  degree
as  defined  in  section 120.10 or aggravated assault upon a person less
than eleven years old as defined in section 120.12 of the penal law, and
the commission of one of the foregoing crimes resulted in serious  phys-
ical injury to the child or another child of the parent;
  (v) the parent of such child has been convicted in any other jurisdic-
tion  of  an offense which includes all of the essential elements of any
crime specified in subparagraph (ii), (iii) or (iv) of  this  paragraph,
and  the  victim  of  such offense was the child or another child of the
parent; or
  (vi) the parental rights of the parent to a sibling of such child have
been involuntarily terminated;
unless the court determines that providing reasonable efforts  would  be
in the best interests of the child, not contrary to the health and safe-
ty  of  the  child,  and would likely result in the reunification of the
parent and the child in the foreseeable future. The  court  shall  state
such findings in its order.
  If  the  court  determines  that  reasonable  efforts are not required
because of one of the grounds set  forth  above,  a  permanency  hearing
shall  be  held within thirty days of the finding of the court that such
efforts are not required. At the permanency  hearing,  the  court  shall
determine  the  appropriateness  of  the permanency plan prepared by the
social services official which shall include whether and when the child:
(A) will be returned to the parent; (B) should be  placed  for  adoption
with  the  social services official filing a petition for termination of
parental rights; (C) should be  referred  for  legal  guardianship;  (D)
should  be  placed  permanently  with a fit and willing relative; or (E)
should be placed in another planned permanent living arrangement with  a
significant  connection  to an adult willing to be a permanency resource
for the child if the child is age sixteen or older and if  the  require-
ments  of  subparagraph  (E)  of  paragraph  (iv)  of subdivision (d) of
section seven hundred fifty-six-a of this part have been met. The social
services official shall thereafter make reasonable efforts to place  the
child in a timely manner and to complete whatever steps are necessary to
finalize  the  permanent  placement  of  the  child  as set forth in the
permanency plan approved by the court. If reasonable efforts are  deter-
mined  by the court not to be required because of one of the grounds set
forth in this paragraph, the social services official may file  a  peti-
tion for termination of parental rights in accordance with section three
hundred eighty-four-b of the social services law.
  [(c)]  (D)  For the purpose of this section, in determining reasonable
efforts to be made with respect to a child, and in making  such  reason-
able  efforts,  the  child's  health  and  safety shall be the paramount
concern.
  [(d)] (E) For the purpose of this section, a sibling shall  include  a
half-sibling.
  S  40. Section 755 of the family court act, subdivision (a) as amended
by chapter 124 of the laws of 1993, is amended to read as follows:
  S 755. Suspended judgment. (a) Rules of court shall define permissible
terms and conditions of a suspended judgment. The court may order  as  a
condition of a suspended judgment restitution, SERVICES, INCLUDING THOSE

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PROVIDED  BY A FAMILY SUPPORT CENTER PURSUANT TO TITLE TWELVE OF ARTICLE
SIX OF THE SOCIAL SERVICES LAW or services for public good  pursuant  to
section  seven  hundred  fifty-eight-a, and[, except when the respondent
has  been  assigned to a facility in accordance with subdivision four of
section five hundred four of the executive law,] in  cases  wherein  the
record  indicates  that the consumption of alcohol by the respondent may
have been a contributing factor, the court may order attendance  at  and
completion  of  an  alcohol  awareness  program  established pursuant to
section 19.25 of the mental hygiene law.
  (b) The maximum duration of any term or condition of a suspended judg-
ment is one year, unless the court finds at the conclusion of that peri-
od that exceptional circumstances require an additional  period  of  one
year.
  S  41.  Section 756 of the family court act, as amended by chapter 920
of the laws of 1982, paragraph (i) of  subdivision  (a)  as  amended  by
chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii)
of  subdivision  (a) as amended by section 11 of part G of chapter 58 of
the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of
1999, and subdivision (c) as amended by section 10 of part E of  chapter
57 of the laws of 2005, is amended to read as follows:
  S  756.  Placement.  (a)  (i)  For  purposes  of section seven hundred
fifty-four, the court may place the child in its  own  home  or  in  the
custody  of  a  suitable relative or other suitable private person [or a
commissioner of social services], subject to the orders of the court.
  (ii) Where the child is placed with  the  commissioner  of  the  local
social services district, the court may direct the commissioner to place
the  child  with  an  authorized agency or class of authorized agencies,
including, if  the  court  finds  that  the  respondent  is  a  sexually
exploited  child  as  defined in subdivision one of section four hundred
forty-seven-a of the social services law, an  available  long-term  safe
house.  Unless  the dispositional order provides otherwise, the court so
directing shall include one of the following alternatives  to  apply  in
the event that the commissioner is unable to so place the child:
  (1)  the  commissioner  shall apply to the court for an order to stay,
modify, set aside, or vacate such directive pursuant to  the  provisions
of section seven hundred sixty-two or seven hundred sixty-three; or
  (2)  the commissioner shall return the child to the family court for a
new dispositional hearing and order.
  (b) Placements under this section may be  for  an  initial  period  of
[twelve  months] NINETY DAYS.  The court may extend a placement pursuant
to section seven hundred fifty-six-a. In its discretion, the  court  may
recommend  restitution  or  require services for public good pursuant to
section seven hundred fifty-eight-a in  conjunction  with  an  order  of
placement.    [For  the  purposes  of  calculating the initial period of
placement, such placement shall be deemed to have commenced  sixty  days
after  the date the child was removed from his or her home in accordance
with the provisions of this article.] If  the  respondent  has  been  in
detention  pending  disposition, the initial period of placement ordered
under this section shall be credited with and diminished by  the  amount
of  time  spent by the respondent in detention prior to the commencement
of the placement unless the court finds that all or part of such  credit
would not serve the best interests of the respondent.
  (c)  [A  placement  pursuant  to this section with the commissioner of
social services shall not be directed in  any  detention  facility,  but
the]  THE  court  may  direct  detention pending transfer to a placement
authorized and ordered  under  this  section  for  no  more  than  [than

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fifteen]  TEN days after such order of placement is made. Such direction
shall be subject to extension pursuant to subdivision three  of  section
three  hundred  ninety-eight  of  the  social services law, upon written
documentation  to  the  office  of children and family services that the
youth is in need of specialized treatment or placement and the  diligent
efforts  by the commissioner of social services to locate an appropriate
placement.
  S 42. Section 756-a of the family court act, as added by  chapter  604
of  the  laws  of 1986, subdivision (a) as amended by chapter 309 of the
laws of 1996, subdivisions (b) and (d) as amended by section 4 of part B
of chapter 327 of the laws of 2007, subdivisions (c) and (e) as  amended
by  chapter  7 of the laws of 1999, paragraph (ii) of subdivision (d) as
amended by section 22, paragraphs (iii), (iv) and (v) of subdivision (d)
as amended by section 23 and subdivision (d-1) as amended by section  24
of  part  L  of  chapter  56  of the laws of 2015, is amended to read as
follows:
  S 756-a. Extension of placement. (a) In any case in  which  the  child
has  been placed pursuant to section seven hundred fifty-six, the child,
the person with whom the child has been placed or  the  commissioner  of
social  services  may  petition the court to extend such placement. Such
petition shall be filed at least [sixty] THIRTY days prior to the  expi-
ration  of  the period of placement, except for good cause shown, but in
no event shall such petition be  filed  after  the  original  expiration
date.
  (b)  The  court shall conduct a permanency hearing concerning the need
for continuing the placement. The child, the person with whom the  child
has  been  placed and the commissioner of social services shall be noti-
fied of such hearing and shall have the right to be heard thereat.
  (c) The provisions of section seven hundred forty-five shall apply  at
such  permanency hearing. If the petition is filed within [sixty] THIRTY
days prior to the expiration of the period of placement, the court shall
first determine at such permanency hearing whether good cause  has  been
shown. If good cause is not shown, the court shall dismiss the petition.
  (d)  At the conclusion of the permanency hearing the court may, in its
discretion, order an extension of the placement for not more  than  [one
year] NINETY DAYS.  The court must consider and determine in its order:
  (i)  where  appropriate,  that reasonable efforts were made to make it
possible for the child to safely return to his or her home,  or  if  the
permanency  plan  for  the child is adoption, guardianship or some other
permanent living arrangement other than reunification with the parent or
parents of the child, reasonable efforts are  being  made  to  make  and
finalize  such  alternate permanent placement including consideration of
appropriate in-state and out-of-state placements;
  (ii) in the case of a child who has attained the age of fourteen,  the
services needed, if any, to assist the child to make the transition from
foster care to independent living;
  (iii)  in  the  case of a child placed outside New York state, whether
the out-of-state placement continues to be appropriate and in  the  best
interests of the child;
  (iv)  whether  and when the child: (A) will be returned to the parent;
(B) should be placed for adoption  with  the  social  services  official
filing  a  petition  for  termination  of parental rights; (C) should be
referred for legal guardianship; (D) should be placed permanently with a
fit and willing relative; or (E) should be  placed  in  another  planned
permanent  living  arrangement with a significant connection to an adult
willing to be a permanency resource for the child if the  child  is  age

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sixteen  or older and (1) the social services official has documented to
the court: (I) intensive, ongoing, and, as of the date of  the  hearing,
unsuccessful  efforts made by the social services district to return the
child  home  or  secure a placement for the child with a fit and willing
relative including adult siblings, a  legal  guardian,  or  an  adoptive
parent, including through efforts that utilize search technology includ-
ing  social  media  to find biological family members for children, (II)
the steps the social services district is taking to ensure that (A)  the
child's  foster  family  home  or  child  care facility is following the
reasonable and prudent  parent  standard  in  accordance  with  guidance
provided  by  the United States department of health and human services,
and (B) the child has regular, ongoing opportunities to engage in age or
developmentally appropriate activities including by consulting with  the
child  in an age-appropriate manner about the opportunities of the child
to participate in activities; and (2) the social services  district  has
documented  to  the  court  and  the court has determined that there are
compelling reasons for determining that it continues to not  be  in  the
best  interest  of the child to return home, be referred for termination
of parental rights and placed for adoption, placed with a fit and  will-
ing  relative,  or  placed  with a legal guardian; and (3) the court has
made a determination explaining why, as of  the  date  of  the  hearing,
another  planned  living arrangement with a significant connection to an
adult willing to be a permanency resource for  the  child  is  the  best
permanency plan for the child; and
  (v) where the child will not be returned home, consideration of appro-
priate in-state and out-of-state placements.
  (d-1)  At  the  permanency  hearing,  the court shall consult with the
respondent in an age-appropriate manner regarding the  permanency  plan;
provided,  however,  that  if the respondent is age sixteen or older and
the requested permanency plan for the respondent is placement in another
planned permanent living arrangement with a significant connection to an
adult willing to be a permanency resource for the respondent, the  court
must  ask  the  respondent  about the desired permanency outcome for the
respondent.
  (e) Pending final determination of a petition to extend such placement
filed in accordance with the provisions of this section, the court  may,
on  its  own  motion  or at the request of the petitioner or respondent,
enter one or more temporary orders extending a period of  placement  not
to exceed thirty days upon satisfactory proof showing probable cause for
continuing  such  placement  and that each temporary order is necessary.
The court may order additional temporary extensions,  not  to  exceed  a
total  of  fifteen  days, if the court is unable to conclude the hearing
within the thirty day temporary extension period. In no event shall  the
aggregate  number  of  days  in extensions granted or ordered under this
subdivision total more than  forty-five  days.  The  petition  shall  be
dismissed  if  a decision is not rendered within the period of placement
or any temporary extension thereof. Notwithstanding any provision of law
to the contrary, the initial permanency hearing  shall  be  held  within
[twelve  months of the date the child was placed into care] A REASONABLE
PERIOD OF TIME PRIOR TO THE EXPIRATION OF THE INITIAL PERIOD  OF  PLACE-
MENT  pursuant  to section seven hundred fifty-six [of this article] and
no later than every twelve months thereafter. [For the purposes of  this
section,  the  date  the  child was placed into care shall be sixty days
after the child was removed from his or her home in accordance with  the
provisions of this section.]

A. 9006--B                         103

  (f)  Successive  extensions  of  placement  under  this section may be
granted, but no placement may be made or continued  beyond  the  child's
eighteenth  birthday without his or her consent and in no event past his
or her twenty-first birthday.
  S  43.  Section 757 of the family court act is amended by adding a new
subdivision (e) to read as follows:
  (E) THE COURT MAY ORDER SERVICES DEEMED  APPROPRIATE  TO  ADDRESS  THE
CIRCUMSTANCES  ALLEGED  IN  THE  UNDERLYING  PETITION INCLUDING SERVICES
PROVIDED BY FAMILY SUPPORT CENTERS.
  S 44. Section 758-a of the family court act, as amended by chapter  73
of  the  laws of 1979, subdivision 1 as amended by chapter 4 of the laws
of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the
laws of 2007, subdivision 2 as amended by chapter 309  of  the  laws  of
1996, and subdivision 3 as separately amended by chapter 568 of the laws
of 1979, is amended to read as follows:
  S 758-a. Restitution. 1. In cases involving acts of [infants] CHILDREN
over  [ten]  TWELVE  and  less than [sixteen] EIGHTEEN years of age, the
court may
  (a) recommend as a condition of placement, or order as a condition  of
probation or suspended judgment, restitution in an amount representing a
fair  and  reasonable  cost to replace the property or repair the damage
caused by the [infant] CHILD,  not,  however,  to  exceed  one  thousand
dollars.  [In  the case of a placement, the court may recommend that the
infant pay out of his or  her  own  funds  or  earnings  the  amount  of
replacement  or  damage, either in a lump sum or in periodic payments in
amounts set by the agency with which he is placed, and in  the  case  of
probation  or  suspended  judgment,  the] THE court may require that the
[infant] CHILD pay out of his or her own funds or earnings the amount of
replacement or damage, either in a lump sum or in periodic  payments  in
amounts set by the court; and/or
  (b)  order  as a condition of placement, probation, or suspended judg-
ment, services for the public good including in  the  case  of  a  crime
involving  willful, malicious, or unlawful damage or destruction to real
or personal property maintained as a cemetery plot, grave, burial place,
or other place of interment of human remains, services for  the  mainte-
nance and repair thereof, taking into consideration the age and physical
condition of the [infant] CHILD.
  2.  If  the  court recommends restitution or requires services for the
public good in conjunction  with  an  order  of  placement  pursuant  to
section  seven hundred fifty-six, the placement shall be made only to an
authorized agency which has adopted rules and regulations for the super-
vision of such a program, which rules and regulations shall  be  subject
to  the  approval of the state department of social services. Such rules
and regulations shall include, but not  be  limited  to  provisions  (i)
assuring  that  the conditions of work, including wages, meet the stand-
ards therefor prescribed pursuant  to  the  labor  law;  (ii)  affording
coverage to the child under the workers' compensation law as an employee
of such agency, department or institution; (iii) assuring that the enti-
ty  receiving  such  services  shall not utilize the same to replace its
regular employees; and (iv) providing for reports to the court not  less
frequently than every six months, unless the order provides otherwise.
  3.  If  the court requires restitution or services for the public good
as a condition of probation or suspended judgment, it shall provide that
an agency or person supervise the restitution or services and that  such
agency  or person report to the court not less frequently than every six
months, unless the order provides otherwise.  Upon  the  written  notice

A. 9006--B                         104

sent  by  a  school  district to the court and the appropriate probation
department or agency which submits probation recommendations or  reports
to  the  court,  the  court  may provide that such school district shall
supervise the performance of services for the public good.
  4.  The court, upon receipt of the reports provided for in subdivision
two or three of this section may, on its own motion or the motion of any
party  or  the agency, hold a hearing to determine whether the placement
should be altered or modified.
  S 45. Subdivision (f) of section 759  of  the  family  court  act,  as
amended  by  section  11 of part E of chapter 57 of the laws of 2005, is
amended to read as follows:
  (f) to participate in family counseling or  other  professional  coun-
seling  activities,  or  other  services, including SERVICES PROVIDED BY
FAMILY  SUPPORT  CENTERS,  alternative   dispute   resolution   services
conducted  by  an authorized person or an authorized agency to which the
youth has been referred or placed, deemed necessary  for  the  rehabili-
tation  of  the youth, provided that such family counseling, other coun-
seling activity or other necessary services are  not  contrary  to  such
person's religious beliefs;
  S  46.  Section  768  of  the  family  court act is amended to read as
follows:
  S 768. Successive petitions. If a petition under section seven hundred
sixty-four is denied, it may not be renewed for  a  period  of  [ninety]
THIRTY days after the denial, unless the order of denial permits renewal
at an earlier time.
  S  47.  Section  153-k of the social services law is amended by adding
two new subdivisions 2-a and 2-b to read as follows:
  2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, STATE
REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPEND-
ITURES MADE BY SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS
MADE AVAILABLE FOR SUCH PURPOSES,  FOR  PREVENTIVE  SERVICES,  AFTERCARE
SERVICES,  INDEPENDENT LIVING SERVICES AND FOSTER CARE SERVICES PROVIDED
TO YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD  NOT
OTHERWISE  HAVE  BEEN  PROVIDED TO SUCH YOUTH ABSENT THE PROVISIONS IN A
CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT INCREASED  THE  AGE  OF
JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
  2-B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, STATE
REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPEND-
ITURES MADE BY SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS
MADE  AVAILABLE FOR SUCH PURPOSE, FOR FAMILY SUPPORT CENTERS ESTABLISHED
PURSUANT TO TITLE TWELVE OF THIS ARTICLE.
  S 48. Intentionally omitted.
  S 49. Subdivisions 5 and 6 of section 371 of the social services  law,
subdivision  5 as added by chapter 690 of the laws of 1962, and subdivi-
sion 6 as amended by chapter 596 of the laws of  2000,  are  amended  to
read as follows:
  5.  "Juvenile  delinquent"  means  a  person [over seven and less than
sixteen years of age who does any act which, if done by an adult,  would
constitute a crime] AS DEFINED IN SECTION 301.2 OF THE FAMILY COURT ACT.
  6.  "Person in need of supervision" means a person [less than eighteen
years of age who is habitually truant or who is incorrigible, ungoverna-
ble or habitually disobedient and beyond the lawful control of a  parent
or  other  person  legally  responsible  for such child's care, or other
lawful authority] AS DEFINED IN SECTION  SEVEN  HUNDRED  TWELVE  OF  THE
FAMILY COURT ACT.

A. 9006--B                         105

  S  50. Article 6 of the social services law is amended by adding a new
title 12 to read as follows:
                                TITLE 12
                         FAMILY SUPPORT CENTERS
SECTION 458-M. FAMILY SUPPORT CENTERS.
        458-N. FUNDING FOR FAMILY SUPPORT CENTERS.
  S  458-M.  FAMILY  SUPPORT CENTERS. 1. AS USED IN THIS TITLE, THE TERM
"FAMILY SUPPORT CENTER" SHALL MEAN A  PROGRAM  ESTABLISHED  PURSUANT  TO
THIS  TITLE  TO  PROVIDE COMMUNITY-BASED SUPPORTIVE SERVICES TO YOUTH AT
RISK OF BEING, OR ALLEGED OR ADJUDICATED TO BE PERSONS IN NEED OF SUPER-
VISION PURSUANT TO ARTICLE SEVEN OF THE  FAMILY  COURT  ACT,  AND  THEIR
FAMILIES.  FAMILY  SUPPORT  CENTERS  MAY  ALSO  PROVIDE  COMMUNITY-BASED
SUPPORTIVE SERVICES TO YOUTH WHO ARE ALLEGED OR ADJUDICATED TO BE  JUVE-
NILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT.
  2. FAMILY SUPPORT CENTERS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH
CHILDREN  AND  THEIR FAMILIES, EITHER DIRECTLY OR THROUGH REFERRALS WITH
PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO:
  (A) RAPID FAMILY ASSESSMENTS AND SCREENINGS;
  (B) CRISIS INTERVENTION;
  (C) FAMILY MEDIATION AND SKILLS BUILDING;
  (D) MENTAL AND BEHAVIORAL HEALTH SERVICES, AS DEFINED  IN  SUBDIVISION
FIFTY-EIGHT  OF SECTION 1.03 OF THE MENTAL HYGIENE LAW, INCLUDING COGNI-
TIVE INTERVENTIONS;
  (E) CASE MANAGEMENT;
  (F) RESPITE SERVICES; AND
  (G) OTHER FAMILY SUPPORT SERVICES.
  3. TO THE EXTENT PRACTICABLE, THE SERVICES THAT ARE PROVIDED SHALL  BE
TRAUMA  SENSITIVE, FAMILY FOCUSED, GENDER-RESPONSIVE, WHERE APPROPRIATE,
AND EVIDENCE AND/OR STRENGTH BASED AND SHALL BE TAILORED TO THE INDIVID-
UALIZED NEEDS OF THE CHILD AND  FAMILY  BASED  ON  THE  ASSESSMENTS  AND
SCREENINGS CONDUCTED BY SUCH FAMILY SUPPORT CENTER.
  4.  FAMILY  SUPPORT  CENTERS SHALL HAVE THE CAPACITY TO SERVE FAMILIES
OUTSIDE OF REGULAR BUSINESS HOURS INCLUDING EVENINGS OR WEEKENDS.
  S 458-N. FUNDING FOR FAMILY SUPPORT CENTERS.  1.  NOTWITHSTANDING  ANY
OTHER  PROVISION  OF  LAW  TO THE CONTRARY, STATE REIMBURSEMENT SHALL BE
MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPENDITURES  MADE  BY  SOCIAL
SERVICES  DISTRICTS,  EXCLUSIVE  OF ANY FEDERAL FUNDS MADE AVAILABLE FOR
SUCH PURPOSE, FOR FAMILY SUPPORT CENTERS STATEWIDE.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  FAMILY
SUPPORT  CENTERS  SHALL  BE ESTABLISHED IN EACH SOCIAL SERVICES DISTRICT
THROUGHOUT THE STATE WITH THE APPROVAL OF THE  OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES,  PROVIDED  HOWEVER  THAT  TWO  OR MORE SOCIAL SERVICES
DISTRICTS MAY JOIN TOGETHER TO ESTABLISH, OPERATE AND MAINTAIN A  FAMILY
SUPPORT  CENTER AND MAY MAKE AND PERFORM AGREEMENTS IN CONNECTION THERE-
WITH.
  3. SOCIAL SERVICES DISTRICTS MAY CONTRACT WITH  NOT-FOR-PROFIT  CORPO-
RATIONS  OR  UTILIZE EXISTING PROGRAMS TO OPERATE FAMILY SUPPORT CENTERS
IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC PROGRAM
REQUIREMENTS ISSUED BY THE OFFICE. FAMILY  SUPPORT  CENTERS  SHALL  HAVE
SUFFICIENT  CAPACITY  TO  PROVIDE  SERVICES  TO  YOUTH WITHIN THE SOCIAL
SERVICES DISTRICT OR DISTRICTS WHO ARE AT RISK OF BECOMING,  ALLEGED  OR
ADJUDICATED  TO  BE  PERSONS  IN NEED OF SUPERVISION PURSUANT TO ARTICLE
SEVEN OF THE FAMILY COURT ACT, AND THEIR FAMILIES. IN ADDITION,  TO  THE
EXTENT PRACTICABLE, FAMILY SUPPORT CENTERS MAY PROVIDE SERVICES TO YOUTH
WHO  ARE  ALLEGED OR ADJUDICATED UNDER ARTICLE THREE OF THE FAMILY COURT
ACT.

A. 9006--B                         106

  4. SOCIAL SERVICES DISTRICTS RECEIVING FUNDING UNDER THIS TITLE  SHALL
REPORT  TO  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, IN THE FORM AND
MANNER AND AT SUCH TIMES AS DETERMINED BY THE OFFICE, ON THE PERFORMANCE
OUTCOMES OF ANY FAMILY SUPPORT CENTER LOCATED WITHIN SUCH DISTRICT  THAT
RECEIVES FUNDING UNDER THIS TITLE.
  S 51. Subdivisions 3 and 11 of section 398 of the social services law,
subdivision  3  as amended by chapter 419 of the laws of 1987, paragraph
(c) of subdivision 3 as amended by section 19 of part E of chapter 57 of
the laws of 2005, subdivision 11 as added by chapter 514 of the laws  of
1976, are amended to read as follows:
  3. As to delinquent children and persons in need of supervision:
  (a) Investigate complaints as to alleged delinquency of a child.
  (b)  Bring  such case of alleged delinquency when necessary before the
family court.
  (c) Receive within fifteen days from  the  order  of  placement  as  a
public charge any delinquent child committed or placed or IN THE CASE OF
A  person in need of supervision placed, TEN DAYS, in his or her care by
the family court provided, however, that the commissioner of the  social
services  district  with whom the child is placed may apply to the state
commissioner or his or  her  designee  for  approval  of  an  additional
fifteen  days,  OR  IN  THE CASE OF A PERSON IN NEED OF SUPERVISION, TEN
DAYS, upon written documentation to the office of  children  and  family
services that the youth is in need of specialized treatment or placement
and  the  diligent  efforts  by  the  commissioner of social services to
locate an appropriate placement.
  11. In the case of a child who is adjudicated  a  person  in  need  of
supervision  or  a juvenile delinquent and is placed by the family court
with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and
who is placed by [the division for youth] SUCH OFFICE with an authorized
agency pursuant to court order, the social services official shall  make
expenditures  in  accordance  with the regulations of the department for
the care and maintenance of such child during the term of such placement
subject  to  state  reimbursement  pursuant  to  SECTION   ONE   HUNDRED
FIFTY-THREE-K OF this title[, or article nineteen-G of the executive law
in applicable cases].
  S  52.  Subdivision  8  of  section 404 of the social services law, as
added by section 1 of subpart A of part G of chapter 57 of the  laws  of
2012, is amended to read as follows:
  8.  (a)  Notwithstanding any other provision of law to the contrary[,]
EXCEPT AS PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION,  eligible
expenditures  during  the  applicable  time  periods  made  by  a social
services district for an approved juvenile  justice  services  close  to
home  initiative  shall, if approved by the department of family assist-
ance, be subject to reimbursement with state funds only up to the extent
of an annual  appropriation  made  specifically  therefor,  after  first
deducting  therefrom  any  federal  funds  properly  received  or  to be
received on account thereof; provided, however,  that  when  such  funds
have  been  exhausted,  a  social  services  district  may receive state
reimbursement from other available state appropriations for  that  state
fiscal  year for eligible expenditures for services that otherwise would
be reimbursable under such funding streams. Any claims  submitted  by  a
social services district for reimbursement for a particular state fiscal
year  for  which  the  social  services  district does not receive state
reimbursement from the annual appropriation for the  approved  close  to
home initiative may not be claimed against that district's appropriation
for the initiative for the next or any subsequent state fiscal year.

A. 9006--B                         107

  (i)  State  funding  for  reimbursement shall be, subject to appropri-
ation,  in  the  following  amounts:  for  state  fiscal  year  2013-14,
$35,200,000  adjusted by any changes in such amount required by subpara-
graphs (ii) and (iii) of this paragraph; for state fiscal year  2014-15,
$41,400,000  adjusted  to  include the amount of any changes made to the
state fiscal year 2013-14 appropriation  under  subparagraphs  (ii)  and
(iii)  of  this  paragraph  plus any additional changes required by such
subparagraphs; and, such reimbursement shall be,  subject  to  appropri-
ation,  for all subsequent state fiscal years in the amount of the prior
year's actual appropriation adjusted by any changes required by subpara-
graphs (ii) and (iii) of this paragraph.
  (ii) The reimbursement amounts set forth in subparagraph (i)  of  this
paragraph  shall  be  increased  or decreased by the percentage that the
average of the most recently approved maximum state aid rates for  group
residential  foster care programs is higher or lower than the average of
the approved maximum state aid rates for group residential  foster  care
programs  in  existence  immediately prior to the most recently approved
rates.
  (iii) The reimbursement amounts set forth in subparagraph (i) of  this
paragraph  shall  be increased if either the population of alleged juve-
nile delinquents who receive a probation intake or the total  population
of  adjudicated  juvenile  delinquents placed on probation combined with
the population of adjudicated juvenile delinquents placed out  of  their
homes  in  a  setting  other  than a secure facility pursuant to section
352.2 of the family court act, increases by at least  ten  percent  over
the respective population in the annual baseline year. The baseline year
shall be the period from July first, two thousand ten through June thir-
tieth,  two  thousand  eleven or the most recent twelve month period for
which there is complete data, whichever is  later.  In  each  successive
year,  the  population of the previous July first through June thirtieth
period shall be compared  to  the  baseline  year  for  determining  any
adjustments to a state fiscal year appropriation. When either population
increases  by ten percent or more, the reimbursement will be adjusted by
a percentage equal to the larger of the percentage  increase  in  either
the  number of probation intakes for alleged juvenile delinquents or the
total population of adjudicated juvenile delinquents placed on probation
combined with the population of adjudicated juvenile delinquents  placed
out of their homes in a setting other than a secure facility pursuant to
section 352.2 of the family court act.
  (iv)  The social services district and/or the New York city department
of probation shall provide an annual report including the data  required
to  calculate  the  population adjustment to the New York city office of
management and budget, the division of criminal justice services and the
state division of the budget no later than the first  day  of  September
following  the  close  of the previous July first through June thirtieth
period.
  (A-1) STATE REIMBURSEMENT SHALL BE  MADE  AVAILABLE  FOR  ONE  HUNDRED
PERCENT  OF  ELIGIBLE  EXPENDITURES  MADE BY A SOCIAL SERVICES DISTRICT,
EXCLUSIVE OF ANY FEDERAL FUNDS MADE AVAILABLE  FOR  SUCH  PURPOSES,  FOR
APPROVED  JUVENILE  JUSTICE  SERVICES  UNDER  AN  APPROVED CLOSE TO HOME
INITIATIVE PROVIDED TO YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH
SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH ABSENT THE
PROVISIONS IN A CHAPTER  OF  THE  LAWS  OF  TWO  THOUSAND  FIFTEEN  THAT
INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.

A. 9006--B                         108

  (b)  The  department  of  family  assistance  is  authorized,  in  its
discretion, to make advances to a social  services  district  in  antic-
ipation of the state reimbursement provided for in this section.
  (c)  A  social  services  district  shall conduct eligibility determi-
nations for federal and state funding and submit claims  for  reimburse-
ment  in  such form and manner and at such times and for such periods as
the department of family assistance shall determine.
  (d) Notwithstanding any inconsistent provision of law or regulation of
the department of family assistance, state reimbursement  shall  not  be
made for any expenditure made for the duplication of any grant or allow-
ance for any period.
  (e)  Claims  submitted by a social services district for reimbursement
shall be paid after deducting any expenditures defrayed by  fees,  third
party  reimbursement,  and  any non-tax levy funds including any donated
funds.
  (f) The office of children and family services shall not reimburse any
claims for expenditures for residential services that are submitted more
than twenty-two months after the calendar quarter in which the  expendi-
tures were made.
  (g) Notwithstanding any other provision of law, the state shall not be
responsible  for  reimbursing  a social services district and a district
shall not seek state reimbursement for any portion of any  state  disal-
lowance  or  sanction taken against the social services district, or any
federal disallowance attributable to final federal agency  decisions  or
to settlements made, when such disallowance or sanction results from the
failure  of the social services district to comply with federal or state
requirements, including, but not limited to, failure to document  eligi-
bility  for the federal or state funds in the case record. To the extent
that the social services district has sufficient claims other than those
that are subject to disallowance or sanction to draw down the full annu-
al appropriation, such disallowance or sanction shall not  result  in  a
reduction  in payment of state funds to the district unless the district
requests that the department use a portion of the  appropriation  toward
meeting  the  district's  responsibility to repay the federal government
for the disallowance or sanction and any related interest payments.
  (h) Rates for residential services. (i) The office shall establish the
rates, in accordance with section three hundred ninety-eight-a  of  this
chapter,  for  any  non-secure  facilities established under an approved
juvenile justice services close to home initiative. For any such non-se-
cure facility that  will  be  used  primarily  by  the  social  services
district  with an approved close to home initiative, final authority for
establishment of such rates and any  adjustments  thereto  shall  reside
with  the  office,  but  such rates and any adjustments thereto shall be
established only upon the request of, and  in  consultation  with,  such
social services district.
  (ii)  A  social  services  district  with an approved juvenile justice
services close to home initiative for  juvenile  delinquents  placed  in
limited  secure  settings  shall  have  the  authority  to establish and
adjust, on an annual or regular basis,  maintenance  rates  for  limited
secure  facilities providing residential services under such initiative.
Such rates shall not be subject  to  the  provisions  of  section  three
hundred  ninety-eight-a  of this chapter but shall be subject to maximum
cost limits established by the office of children and family services.
  S 53. Paragraph (a) of subdivision 1 of section 409-a  of  the  social
services law, as amended by chapter 87 of the laws of 1993, subparagraph
(i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii)

A. 9006--B                         109

as amended by section 22 of part C of chapter 83 of the laws of 2002, is
amended to read as follows:
  (a)  A social services official shall provide preventive services to a
child and his or her family, in accordance  with  the  family's  service
plan  as required by section four hundred nine-e of this chapter and the
social services district's child welfare  services  plan  submitted  and
approved pursuant to section four hundred nine-d of this chapter, upon a
finding  by such official that (i) the child will be placed, returned to
or continued in foster care unless such services are provided  and  that
it  is  reasonable  to believe that by providing such services the child
will be able to remain with or be returned to his or her family, and for
a former foster care youth under the age of twenty-one who was previous-
ly placed in the care and custody or custody  and  guardianship  of  the
local commissioner of social services or other officer, board or depart-
ment  authorized  to  receive  children  as  public  charges where it is
reasonable to believe that by providing such services the former  foster
care  youth  will avoid a return to foster care or (ii) the child is the
subject of a petition under article seven of the family  court  act,  or
has  been  determined  by the assessment service established pursuant to
section two hundred forty-three-a  of  the  executive  law,  or  by  the
probation  service where no such assessment service has been designated,
to be at risk of being the subject of such a petition,  and  the  social
services official determines that the child is at risk of placement into
foster  care.  Such finding shall be entered in the child's uniform case
record established and  maintained  pursuant  to  section  four  hundred
nine-f of this chapter. The commissioner shall promulgate regulations to
assist social services officials in making determinations of eligibility
for  mandated  preventive services pursuant to this [subparagraph] PARA-
GRAPH.
  S 54. Section 30.00 of the penal law, as amended by chapter 481 of the
laws of 1978, subdivision 2 as amended by chapter 7 of the laws of 2007,
is amended to read as follows:
S 30.00 Infancy.
  1. Except as provided in [subdivision] SUBDIVISIONS two AND  THREE  of
this  section,  a  person  less than [sixteen] EIGHTEEN years old is not
criminally responsible for conduct.
  2. A person thirteen, fourteen [or], fifteen,  SIXTEEN,  OR  SEVENTEEN
years  of  age is criminally responsible for acts constituting murder in
the second degree as defined in subdivisions  one  and  two  of  section
125.25 and in subdivision three of such section provided that the under-
lying crime for the murder charge is one for which such person is crimi-
nally  responsible  or  for such conduct as a sexually motivated felony,
where authorized pursuant to section 130.91  of  [the  penal  law]  THIS
CHAPTER; and a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years
of  age  is  criminally  responsible  for  acts  constituting the crimes
defined in section 135.25  (kidnapping  in  the  first  degree);  150.20
(arson  in the first degree); subdivisions one and two of section 120.10
(assault in  the  first  degree);  125.20  (manslaughter  in  the  first
degree);  subdivisions  one and two of section 130.35 (rape in the first
degree); subdivisions one and two of section 130.50 (criminal sexual act
in the first degree); 130.70  (aggravated  sexual  abuse  in  the  first
degree);  140.30  (burglary  in  the  first  degree); subdivision one of
section 140.25 (burglary in the second degree);  150.15  (arson  in  the
second degree); 160.15 (robbery in the first degree); subdivision two of
section  160.10  (robbery  in  the  second  degree)  of this chapter; or
section 265.03 of this chapter, where such machine gun or  such  firearm

A. 9006--B                         110

is possessed on school grounds, as that phrase is defined in subdivision
fourteen  of  section 220.00 of this chapter; or defined in this chapter
as an attempt to commit murder in the second degree or kidnapping in the
first  degree, or for such conduct as a sexually motivated felony, where
authorized pursuant to section 130.91 of [the penal law] THIS CHAPTER.
  3. A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY  RESPONSI-
BLE  FOR  ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 460.22 (AGGRA-
VATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM); 490.45 (CRIM-
INAL POSSESSION OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE FIRST DEGREE);
490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL  WEAPON  IN  THE
SECOND  DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL
WEAPON IN THE FIRST DEGREE); 130.95 (PREDATORY SEXUAL  ASSAULT);  130.96
(PREDATORY  SEXUAL  ASSAULT AGAINST A CHILD); 120.11 (AGGRAVATED ASSAULT
UPON  A  POLICE  OFFICER  OR  A  PEACE  OFFICER);   125.22   (AGGRAVATED
MANSLAUGHTER  IN  THE  FIRST  DEGREE);  130.75 (COURSE OF SEXUAL CONDUCT
AGAINST A CHILD IN THE FIRST DEGREE); 215.17 (INTIMIDATING A  VICTIM  OR
WITNESS  IN  THE  FIRST  DEGREE);  255.27  (INCEST IN THE FIRST DEGREE);
265.04 (CRIMINAL POSSESSION OF A WEAPON IN  THE  FIRST  DEGREE);  265.09
(CRIMINAL  USE  OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL SALE
OF A FIREARM IN THE FIRST  DEGREE);  490.35  (HINDERING  PROSECUTION  OF
TERRORISM  IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A CHEMI-
CAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47  (CRIMINAL
USE  OF  A  CHEMICAL  WEAPON  OR BIOLOGICAL WEAPON IN THE THIRD DEGREE);
121.13 (STRANGULATION IN THE FIRST DEGREE);  130.67  (AGGRAVATED  SEXUAL
ABUSE  IN  THE SECOND DEGREE); 490.37 (CRIMINAL POSSESSION OF A CHEMICAL
WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); OR 130.66  (AGGRAVATED
SEXUAL  ABUSE  IN  THE  THIRD  DEGREE)  OF THIS CHAPTER; OR SUCH CONDUCT
COMMITTED AS A SEXUALLY MOTIVATED FELONY, WHERE AUTHORIZED  PURSUANT  TO
SECTION 130.91 OF THIS CHAPTER.
  4.  In any prosecution for an offense, lack of criminal responsibility
by reason of infancy, as defined in this section, is a defense.
  S 55. Subdivision 2 of section 60.02 of the penal law, as  amended  by
chapter 471 of the laws of 1980, is amended to read as follows:
  (2)  If the sentence is to be imposed upon a youthful offender finding
which has been substituted for a conviction for any  felony,  the  court
must  impose a sentence authorized to be imposed upon a person convicted
of a class E felony provided, however,  that  (A)  the  court  must  not
impose  a sentence of [conditional discharge or] unconditional discharge
if the youthful offender finding was substituted for a conviction  of  a
felony defined in article two hundred twenty of this chapter.
  S 56. Section 60.10 of the penal law, as amended by chapter 411 of the
laws of 1979, is amended to read as follows:
S 60.10 Authorized disposition; juvenile offender.
  1.   When a juvenile offender is convicted of a crime, the court shall
sentence the defendant to imprisonment in accordance with section  70.05
or  sentence  [him]  THE  DEFENDANT  upon a youthful offender finding in
accordance with section 60.02 of this chapter.
  2. Subdivision one of this section shall apply when sentencing a juve-
nile offender notwithstanding the provisions of any other law that deals
with the authorized sentence for persons who are not juvenile offenders.
Provided, however, that the limitation prescribed by this section  shall
not  be  deemed  or  construed  to bar use of a conviction of a juvenile
offender, other than a juvenile offender  who  has  been  adjudicated  a
youthful  offender  pursuant to section 720.20 of the criminal procedure
law, as a previous or predicate felony  offender  under  section  70.04,
70.06,  70.07, 70.08, [or 70.10,], OR 70.80 when sentencing a person who

A. 9006--B                         111

commits a felony after [he] SUCH PERSON has reached the age of [sixteen]
EIGHTEEN.
  S  57.  Paragraph  (b)  of subdivision 2 of section 70.05 of the penal
law, as added by chapter 481 of the laws of 1978, is amended and  a  new
paragraph (b-1) is added to read as follows:
  (b) For [the] A class [A] A-I felony [of arson in the first degree, or
for  the  class  A  felony of kidnapping in the first degree] OTHER THAN
MURDER IN THE SECOND DEGREE, the term shall be fixed by the  court,  and
shall be at least twelve years but shall not exceed fifteen years;
  (B-1) FOR A CLASS A-II FELONY THE TERM SHALL BE FIXED BY THE COURT AND
SHALL BE AT LEAST TEN YEARS BUT SHALL NOT EXCEED FOURTEEN YEARS.
  S  57-a.  Paragraph (b) of subdivision 3 of section 70.05 of the penal
law, as added by chapter 481 of the laws of 1978, is amended and  a  new
subdivision (b-1) is added to read as follows:
  (b) For [the] A class [A] A-I felony [of arson in the first degree, or
for  the  class  A  felony of kidnapping in the first degree] OTHER THAN
MURDER IN THE SECOND DEGREE, the minimum period of imprisonment shall be
fixed by the court and shall be not less than four years but  shall  not
exceed six years; and
  (B-1)  FOR  A  CLASS  A-II  FELONY, THE MINIMUM PERIOD OF IMPRISONMENT
SHALL BE FIXED BY THE COURT AND SHALL BE NOT LESS THAN THREE  YEARS  BUT
SHALL NOT EXCEED FIVE YEARS.
  S  58.  Subdivision 1 of section 70.20 of the penal law, as amended by
section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
  1. [(a)] Indeterminate or determinate sentence. Except as provided  in
subdivision  four  of this section, when an indeterminate or determinate
sentence of imprisonment is imposed, the court shall commit the  defend-
ant  to the custody of the state department of corrections and community
supervision for the term of his or her sentence and  until  released  in
accordance  with  the law; provided, however, that a defendant sentenced
pursuant to subdivision seven of section 70.06 shall be committed to the
custody of the state department of corrections and community supervision
for immediate delivery to a reception center operated by the department.
  [(b) The court in committing a defendant who is not yet eighteen years
of age to the department of corrections and community supervision  shall
inquire as to whether the parents or legal guardian of the defendant, if
present,  will  grant  to  the  minor the capacity to consent to routine
medical, dental and mental health services and treatment.
  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits a defendant who is not yet eighteen years of age to the  custody
of the department of corrections and community supervision in accordance
with this section and no medical consent has been obtained prior to said
commitment,  the  commitment order shall be deemed to grant the capacity
to consent to routine medical, dental and  mental  health  services  and
treatment to the person so committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian  of  an  inmate  who is not yet eighteen years of age from making a
motion on notice to the department of corrections and  community  super-
vision  pursuant  to  article  twenty-two  of the civil practice law and
rules and section one hundred forty of the correction law, objecting  to
routine  medical,  dental  or mental health services and treatment being
provided to such inmate under the provisions of paragraph  (b)  of  this
subdivision.
  (e)  Nothing  in  this  section shall require that consent be obtained
from the parent or legal guardian, where  no  consent  is  necessary  or

A. 9006--B                         112

where  the  defendant  is authorized by law to consent on his or her own
behalf to any medical, dental, and mental health service or treatment.]
  S  59.  Subdivision 2 of section 70.20 of the penal law, as amended by
chapter 437 of the laws of 2013, is amended to read as follows:
  2. [(a)] Definite sentence. Except as provided in subdivision four  of
this  section,  when a definite sentence of imprisonment is imposed, the
court shall commit the defendant to the county or regional  correctional
institution  for  the term of his sentence and until released in accord-
ance with the law.
  [(b) The court in committing a defendant who is not yet eighteen years
of age to the local correctional facility shall inquire  as  to  whether
the  parents  or legal guardian of the defendant, if present, will grant
to the minor the capacity to consent  to  routine  medical,  dental  and
mental health services and treatment.
  (c) Nothing in this subdivision shall preclude a parent or legal guar-
dian  of  an  inmate  who is not yet eighteen years of age from making a
motion on notice to the local correction facility  pursuant  to  article
twenty-two  of  the civil practice law and rules and section one hundred
forty of the correction law, objecting to  routine  medical,  dental  or
mental health services and treatment being provided to such inmate under
the provisions of paragraph (b) of this subdivision.]
  S  60.  Subdivision 4 of section 70.20 of the penal law, as amended by
section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
  4. (a) Notwithstanding any other provision of law to the  contrary,  a
juvenile  offender[,] or a juvenile offender who is adjudicated a youth-
ful offender and given an indeterminate or a definite sentence, AND  WHO
IS  UNDER  THE  AGE  OF  TWENTY-ONE  AT THE TIME OF SENTENCING, shall be
committed to the custody of the commissioner of the office  of  children
and family services who shall arrange for the confinement of such offen-
der  in  [secure]  facilities  of the office. The release or transfer of
such offenders from the office of children and family services shall  be
governed  by  section  five  hundred  eight of the executive law. IF THE
JUVENILE OFFENDER IS CONVICTED OR ADJUDICATED A YOUTHFUL OFFENDER AND IS
TWENTY-ONE YEARS OF AGE OR OLDER AT THE TIME OF SENTENCING,  HE  OR  SHE
SHALL BE DELIVERED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION.
  (A-1)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, A
PERSON WHO IS SENTENCED TO AN INDETERMINATE SENTENCE  AS  AN  ADULT  FOR
COMMITTING  A CRIME WHEN HE OR SHE WAS SIXTEEN OR SEVENTEEN YEARS OF AGE
WHO IS SENTENCED ON OR AFTER DECEMBER FIRST, TWO THOUSAND FIFTEEN  TO  A
TERM  OF  AT  LEAST ONE YEAR OF IMPRISONMENT AND WHO IS UNDER THE AGE OF
EIGHTEEN AT THE TIME HE OR SHE IS SENTENCED SHALL BE  COMMITTED  TO  THE
CUSTODY  OF  THE  COMMISSIONER  OF  THE  OFFICE  OF  CHILDREN AND FAMILY
SERVICES WHO SHALL ARRANGE FOR  THE  CONFINEMENT  OF  SUCH  OFFENDER  IN
FACILITIES OF THE OFFICE. THE RELEASE OR TRANSFER OF SUCH OFFENDERS FROM
THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE GOVERNED BY SECTION
FIVE HUNDRED EIGHT OF THE EXECUTIVE LAW.
  (b) The court in committing [a juvenile offender and  youthful  offen-
der]  AN  OFFENDER  UNDER  EIGHTEEN  YEARS  OF AGE to the custody of the
office of children and family services shall inquire as to  whether  the
parents or legal guardian of the youth, if present, will consent for the
office  of  children  and  family  services  to provide routine medical,
dental and mental health services and treatment.
  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits an offender to the custody of the office of children and  family

A. 9006--B                         113

services in accordance with this section and no medical consent has been
obtained  prior to said commitment, the commitment order shall be deemed
to grant consent for the office  of  children  and  family  services  to
provide  for  routine  medical,  dental  and  mental health services and
treatment to the offender so committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an offender who is not yet eighteen years of age from  making  a
motion  on notice to the office of children and family services pursuant
to article twenty-two of the civil practice law and rules  objecting  to
routine  medical,  dental  or mental health services and treatment being
provided to such offender under the provisions of paragraph (b) of  this
subdivision.
  (e)  Nothing  in  this  section shall require that consent be obtained
from the parent or legal guardian, where  no  consent  is  necessary  or
where  the  offender  is  authorized by law to consent on his or her own
behalf to any medical, dental and mental health service or treatment.
  S 60-a. Paragraph (f) of subdivision 1 of section 70.30 of  the  penal
law, as added by chapter 481 of the laws of 1978 and relettered by chap-
ter 3 of the laws of 1995, is amended to read as follows:
  (f) The aggregate maximum term of consecutive sentences imposed upon a
juvenile  offender for two or more crimes, not including a class A felo-
ny, committed before he has reached the age of  sixteen,  shall,  if  it
exceeds  ten years, be deemed to be ten years. If consecutive indetermi-
nate sentences imposed upon a juvenile offender include a  sentence  for
[the]  A class A felony [of arson in the first degree or for the class A
felony of kidnapping in the first  degree]  OTHER  THAN  MURDER  IN  THE
SECOND  DEGREE, then the aggregate maximum term of such sentences shall,
if it exceeds fifteen years, be deemed to be fifteen  years.  Where  the
aggregate  maximum  term of two or more consecutive sentences is reduced
by a calculation made pursuant to this paragraph, the aggregate  minimum
period  of imprisonment, if it exceeds one-half of the aggregate maximum
term as so reduced, shall be deemed to  be  one-half  of  the  aggregate
maximum term as so reduced.
  S 61. Intentionally omitted.
  S  62. Subdivision 18 of section 10.00 of the penal law, as amended by
chapter 7 of the laws of 2007, is amended to read as follows:
  18. "Juvenile offender" means (1) a person thirteen years old  who  is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25 of this chapter
or  such conduct as a sexually motivated felony, where authorized pursu-
ant to section 130.91 of [the penal law; and] THIS CHAPTER;
  (2) a person fourteen [or], fifteen, SIXTEEN OR  SEVENTEEN  years  old
who  is  criminally responsible for acts constituting the crimes defined
in subdivisions one and two of section  125.25  (murder  in  the  second
degree)  and  in  subdivision  three  of  such section provided that the
underlying crime for the murder charge is one for which such  person  is
criminally responsible; section 135.25 (kidnapping in the first degree);
150.20  (arson in the first degree); subdivisions one and two of section
120.10 (assault in the first degree); 125.20 (manslaughter in the  first
degree);  subdivisions  one and two of section 130.35 (rape in the first
degree); subdivisions one and two of section 130.50 (criminal sexual act
in the first degree); 130.70  (aggravated  sexual  abuse  in  the  first
degree);  140.30  (burglary  in  the  first  degree); subdivision one of
section 140.25 (burglary in the second degree);  150.15  (arson  in  the
second degree); 160.15 (robbery in the first degree); subdivision two of
section  160.10  (robbery  in  the  second  degree)  of this chapter; or

A. 9006--B                         114

section 265.03 of this chapter, where such machine gun or  such  firearm
is possessed on school grounds, as that phrase is defined in subdivision
fourteen  of  section 220.00 of this chapter; or defined in this chapter
as an attempt to commit murder in the second degree or kidnapping in the
first  degree,  or  such  conduct  as a sexually motivated felony, where
authorized pursuant to section 130.91 of [the penal law]  THIS  CHAPTER;
AND
  (3) A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSI-
BLE  FOR  ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 460.22 (AGGRA-
VATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM); 490.45 (CRIM-
INAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN  THE  FIRST
DEGREE);  490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON
IN THE SECOND DEGREE); 490.55 (CRIMINAL USE  OF  A  CHEMICAL  WEAPON  OR
BIOLOGICAL  WEAPON  IN  THE  FIRST  DEGREE);  130.95  (PREDATORY  SEXUAL
ASSAULT); 130.96 (PREDATORY SEXUAL  ASSAULT  AGAINST  A  CHILD);  120.11
(AGGRAVATED  ASSAULT  UPON  A POLICE OFFICER OR A PEACE OFFICER); 125.22
(AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.75 (COURSE OF  SEXUAL
CONDUCT  AGAINST  A  CHILD  IN THE FIRST DEGREE); 215.17 (INTIMIDATING A
VICTIM OR WITNESS IN THE FIRST DEGREE);  255.27  (INCEST  IN  THE  FIRST
DEGREE);  265.04  (CRIMINAL POSSESSION OF A WEAPON IN THE FIRST DEGREE);
265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL
SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF
TERRORISM IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A  CHEMI-
CAL  WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL
USE OF A CHEMICAL WEAPON OR BIOLOGICAL  WEAPON  IN  THE  THIRD  DEGREE);
121.13  (STRANGULATION  IN  THE FIRST DEGREE); 130.67 (AGGRAVATED SEXUAL
ABUSE IN THE SECOND DEGREE); 490.37 (CRIMINAL POSSESSION OF  A  CHEMICAL
WEAPON  OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); OR 130.66 (AGGRAVATED
SEXUAL ABUSE IN THE THIRD DEGREE)  OF  THIS  CHAPTER;  OR  SUCH  CONDUCT
COMMITTED  AS  A SEXUALLY MOTIVATED FELONY, WHERE AUTHORIZED PURSUANT TO
SECTION 130.91 OF THIS CHAPTER.
  S 63. Subdivision 42 of section 1.20 of the criminal procedure law, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
  42. "Juvenile offender" means (1) a person, thirteen years old who  is
criminally responsible for acts constituting murder in the second degree
as  defined  in  subdivisions one and two of section 125.25 of the penal
law, or such conduct as a sexually motivated  felony,  where  authorized
pursuant to section 130.91 of the penal law; [and] (2) a person fourteen
[or],  fifteen, SIXTEEN OR SEVENTEEN years old who is criminally respon-
sible for acts constituting the crimes defined in subdivisions  one  and
two  of  section 125.25 (murder in the second degree) and in subdivision
three of such section provided that the underlying crime for the  murder
charge  is  one for which such person is criminally responsible; section
135.25 (kidnapping in the first degree);  150.20  (arson  in  the  first
degree);  subdivisions  one  and  two  of section 120.10 (assault in the
first degree); 125.20 (manslaughter in the first  degree);  subdivisions
one  and  two of section 130.35 (rape in the first degree); subdivisions
one and two of section 130.50 (criminal sexual act in the first degree);
130.70 (aggravated sexual abuse in the first degree);  140.30  (burglary
in the first degree); subdivision one of section 140.25 (burglary in the
second  degree); 150.15 (arson in the second degree); 160.15 (robbery in
the first degree); subdivision two of section  160.10  (robbery  in  the
second  degree)  of  the  penal law; or section 265.03 of the penal law,
where such machine gun or such firearm is possessed on  school  grounds,
as  that  phrase is defined in subdivision fourteen of section 220.00 of
the penal law; or defined in the penal  law  as  an  attempt  to  commit

A. 9006--B                         115

murder  in  the second degree or kidnapping in the first degree, or such
conduct as a sexually motivated felony,  where  authorized  pursuant  to
section  130.91  of the penal law; AND (3) A PERSON SIXTEEN OR SEVENTEEN
YEARS  OF AGE IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING THE CRIMES
DEFINED IN SECTION 460.22  (AGGRAVATED  ENTERPRISE  CORRUPTION);  490.25
(CRIME  OF  TERRORISM); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON
OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50  (CRIMINAL  USE  OF  A
CHEMICAL  WEAPON  OR  BIOLOGICAL  WEAPON  IN  THE SECOND DEGREE); 490.55
(CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL  WEAPON  IN  THE  FIRST
DEGREE);  130.95  (PREDATORY  SEXUAL  ASSAULT); 130.96 (PREDATORY SEXUAL
ASSAULT AGAINST A CHILD); 120.11 (AGGRAVATED ASSAULT UPON A POLICE OFFI-
CER OR A PEACE OFFICER); 125.22 (AGGRAVATED MANSLAUGHTER  IN  THE  FIRST
DEGREE);  130.75  (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST
DEGREE); 215.17 (INTIMIDATING A VICTIM OR WITNESS IN THE FIRST  DEGREE);
255.27  (INCEST  IN  THE FIRST DEGREE); 265.04 (CRIMINAL POSSESSION OF A
WEAPON IN THE FIRST DEGREE); 265.09 (CRIMINAL USE OF A  FIREARM  IN  THE
FIRST  DEGREE); 265.13 (CRIMINAL SALE OF A FIREARM IN THE FIRST DEGREE);
490.35 (HINDERING PROSECUTION OF TERRORISM IN THE FIRST DEGREE);  490.40
(CRIMINAL  POSSESSION  OF  A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE
SECOND DEGREE); 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR  BIOLOGICAL
WEAPON IN THE THIRD DEGREE); 121.13 (STRANGULATION IN THE FIRST DEGREE);
130.67  (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 490.37 (CRIMINAL
POSSESSION OF A CHEMICAL  WEAPON  OR  BIOLOGICAL  WEAPON  IN  THE  THIRD
DEGREE); OR 130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE) OF THIS
CHAPTER; OR SUCH CONDUCT COMMITTED AS A SEXUALLY MOTIVATED FELONY, WHERE
AUTHORIZED PURSUANT TO SECTION 130.91 OF THIS CHAPTER.
  S  63-a.  The article heading of article 100 of the criminal procedure
law is amended to read as follows:
                     --COMMENCEMENT OF ACTION IN LOCAL
        CRIMINAL COURT OR YOUTH PART OF A SUPERIOR COURT--[LOCAL
                 CRIMINAL COURT] ACCUSATORY INSTRUMENTS
  S 63-b. The opening paragraph of section 100.05 of the criminal proce-
dure law is amended to read as follows:
  A criminal action is commenced by the filing of an accusatory  instru-
ment  with a criminal court, OR, IN THE CASE OF A JUVENILE OFFENDER, THE
YOUTH PART OF THE SUPERIOR COURT, and if more than one  such  instrument
is  filed  in  the  course  of  the  same  criminal  action, such action
commences when the first of such instruments is filed.  The only way  in
which  a  criminal action can be commenced in a superior court is by the
filing therewith by a grand jury of an indictment  against  a  defendant
who has never been held by a local criminal court for the action of such
grand  jury  with  respect  to  any charge contained in such indictment;
PROVIDED, HOWEVER, THAT WHEN THE CRIMINAL ACTION IS COMMENCED AGAINST  A
JUVENILE  OFFENDER, SUCH CRIMINAL ACTION, WHATEVER THE FORM OF COMMENCE-
MENT, SHALL BE FILED IN THE YOUTH PART OF THE SUPERIOR COURT OR, IF  THE
YOUTH  PART IS NOT IN SESSION, FILED WITH THE MOST ACCESSIBLE MAGISTRATE
DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE  APPLI-
CABLE  DEPARTMENT  TO ACT AS A YOUTH PART.  Otherwise, a criminal action
can be commenced only in a local criminal court, by the filing therewith
of a local criminal court accusatory instrument, namely:
  S 63-c. The section heading and subdivision 5 of section 100.10 of the
criminal procedure law are amended to read as follows:
Local criminal court AND YOUTH PART OF  THE  SUPERIOR  COURT  accusatory
            instruments; definitions thereof.
  5.  A "felony complaint" is a verified written accusation by a person,
filed  with a local criminal court, OR YOUTH PART OF THE SUPERIOR COURT,

A. 9006--B                         116

charging one or more other persons with the commission of  one  or  more
felonies.    It  serves  as  a  basis for the commencement of a criminal
action, but not as a basis for prosecution thereof.
  S  63-d.  The section heading of section 100.40 of the criminal proce-
dure law is amended to read as follows:
  Local criminal court AND YOUTH PART OF THE SUPERIOR  COURT  accusatory
instruments; sufficiency on face.
  S  63-e. The criminal procedure law is amended by adding a new section
100.60 to read as follows:
S 100.60 YOUTH PART OF THE SUPERIOR  COURT  ACCUSATORY  INSTRUMENTS;  IN
           WHAT COURTS FILED.
  ANY  YOUTH  PART  OF  THE  SUPERIOR COURT ACCUSATORY INSTRUMENT MAY BE
FILED WITH THE YOUTH PART OF THE SUPERIOR COURT OF A  PARTICULAR  COUNTY
WHEN  AN  OFFENSE CHARGED THEREIN WAS ALLEGEDLY COMMITTED IN SUCH COUNTY
OR THAT PART THEREOF OVER WHICH SUCH COURT HAS JURISDICTION.
  S 63-f. The article heading of article 110 of the  criminal  procedure
law is amended to read as follows:
                    --REQUIRING DEFENDANT'S APPEARANCE
         IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT
                             FOR ARRAIGNMENT
  S 63-g. The section heading and subdivisions 1 and 2 of section 110.10
of the criminal procedure law are amended to read as follows:
  Methods of requiring defendant's appearance in local criminal court OR
YOUTH PART OF THE SUPERIOR COURT for arraignment; in general.
  1.  After  a  criminal  action  has been commenced in a local criminal
court OR YOUTH PART OF THE SUPERIOR COURT by the filing of an accusatory
instrument therewith, a defendant who has  not  been  arraigned  in  the
action and has not come under the control of the court may under certain
circumstances  be  compelled  or required to appear for arraignment upon
such accusatory instrument by:
  (a)  The issuance and execution of a warrant of arrest, as provided in
article one hundred twenty; or
  (b)  The issuance and service upon him of a summons,  as  provided  in
article one hundred thirty; or
  (c)   Procedures provided in articles five hundred sixty, five hundred
seventy, five hundred eighty, five hundred ninety and  six  hundred  for
securing  attendance  of  defendants  in criminal actions who are not at
liberty within the state.
  2.  Although no criminal action against a person has been commenced in
any court, he may under certain circumstances be compelled  or  required
to  appear  in  a local criminal court OR YOUTH PART OF A SUPERIOR COURT
for arraignment upon an accusatory instrument to be filed  therewith  at
or before the time of his appearance by:
  (a)    An  arrest  made  without a warrant, as provided in article one
hundred forty; or
  (b)  The issuance and service upon him of  an  appearance  ticket,  as
provided in article one hundred fifty.
  S  63-h.  Section  110.20 of the criminal procedure law, as amended by
chapter 843 of the laws of 1980, is amended to read as follows:
S 110.20 Local criminal court OR YOUTH PART OF THE SUPERIOR COURT  accu-
            satory instruments; notice thereof to district attorney.
  When  a  criminal action in which a crime is charged is commenced in a
local criminal court, other than the criminal court of the city  of  New
York,  OR  YOUTH  PART  OF  THE SUPERIOR COURT, a copy of the accusatory
instrument shall be promptly transmitted  to  the  appropriate  district
attorney  upon or prior to the arraignment of the defendant on the accu-

A. 9006--B                         117

satory instrument.   If a police officer  or  a  peace  officer  is  the
complainant  or  the  filer of a simplified information, or has arrested
the defendant or brought him before the local criminal  court  OR  YOUTH
PART  OF THE SUPERIOR COURT on behalf of an arresting person pursuant to
subdivision one of section 140.20, such  officer  or  his  agency  shall
transmit  the  copy  of  the  accusatory  instrument  to the appropriate
district attorney.  In all other cases, the clerk of the court in  which
the defendant is arraigned shall so transmit it.
  S  63-i.  The first undesignated paragraph of subdivision 1 of section
120.20 of the criminal procedure law, as amended by chapter 506  of  the
laws of 2000, is amended to read as follows:
  When a criminal action has been commenced in a local criminal court OR
YOUTH PART OF THE SUPERIOR COURT by the filing therewith of an accusato-
ry  instrument,  other  than a simplified traffic information, against a
defendant who has not been arraigned upon such accusatory instrument and
has not come under the control of the court with respect thereto:
  S 63-j. Section 120.30 of the criminal procedure  law  is  amended  to
read as follows:
S  120.30  Warrant of arrest; by what courts issuable and in what courts
             returnable.
  1.  A warrant of arrest may be issued only by the local criminal court
OR YOUTH PART OF THE SUPERIOR COURT with which the underlying accusatory
instrument has been filed, and it may be made returnable in such issuing
court only.
  2.  The particular local criminal court or courts  OR  YOUTH  PART  OF
SUPERIOR  COURT  with which any particular local criminal court OR YOUTH
PART OF THE SUPERIOR COURT accusatory instrument may be  filed  for  the
purpose  of  obtaining a warrant of arrest are determined, generally, by
the provisions of section 100.55 OR 100.60, AS APPLICABLE.  If, however,
a particular accusatory instrument may pursuant to said  section  100.55
be  filed with a particular town court and such town court is not avail-
able at the time such instrument is sought to be  filed  and  a  warrant
obtained, such accusatory instrument may be filed with the town court of
any  adjoining town of the same county.  If such instrument may be filed
pursuant to said section 100.55 with a particular village court and such
village court is not available at the time, it may  be  filed  with  the
town  court of the town embracing such village, or if such town court is
not available either, with the town court of any adjoining town  of  the
same county.
  S  63-k.  Section  120.55 of the criminal procedure law, as amended by
section 71 of subpart B of part C of chapter 62 of the laws of 2011,  is
amended to read as follows:
S 120.55   Warrant of arrest; defendant under parole or probation super-
             vision.
  If the defendant named within a warrant of arrest issued  by  a  local
criminal  court  OR  YOUTH  PART  OF  THE SUPERIOR COURT pursuant to the
provisions of this article, or by a superior court  issued  pursuant  to
subdivision three of section 210.10 of this chapter, is under the super-
vision  of the state department of corrections and community supervision
or a local or state probation department, then a warrant for his or  her
arrest  may  be  executed by a parole officer or probation officer, when
authorized by his or her probation director, within his or her geograph-
ical area of employment.  The execution of the warrant by a parole offi-
cer or probation officer shall be upon the same conditions and conducted
in the same manner as provided for execution of a warrant  by  a  police
officer.

A. 9006--B                         118

  S  63-l. Subdivision 1 of section 120.70 of the criminal procedure law
is amended to read as follows:
  1.    A  warrant of arrest issued by a district court, by the New York
City criminal court, THE YOUTH PART OF A SUPERIOR COURT or by a superior
court judge sitting as a local criminal court may be  executed  anywhere
in the state.
  S  63-m.  Section  120.90 of the criminal procedure law, as amended by
chapter 424 of the laws of 1998, subdivision 8 as amended by chapter  96
of the laws of 2010, is amended to read as follows:
S 120.90  Warrant of arrest; procedure after arrest.
  1.    Upon arresting a defendant for any offense pursuant to a warrant
of arrest in the county in which the warrant is  returnable  or  in  any
adjoining  county,  or  upon  so arresting him for a felony in any other
county, a police officer, if he be one to whom the warrant is addressed,
must without unnecessary delay bring  the  defendant  before  the  local
criminal court OR YOUTH PART OF THE SUPERIOR COURT in which such warrant
is returnable.
  2.    Upon arresting a defendant for any offense pursuant to a warrant
of arrest in a county adjoining the  county  in  which  the  warrant  is
returnable, or upon so arresting him for a felony in any other county, a
police  officer,  if he be one delegated to execute the warrant pursuant
to section 120.60, must without unnecessary delay deliver the  defendant
or  cause  him  to be delivered to the custody of the officer by whom he
was so delegated, and the latter must then proceed as provided in subdi-
vision one.
  3.  Upon arresting a defendant for an  offense  other  than  a  felony
pursuant  to a warrant of arrest in a county other than the one in which
the warrant is returnable or one adjoining it, a police officer,  if  he
be  one to whom the warrant is addressed, must inform the defendant that
he has a right to appear before a local criminal court of the county  of
arrest  for  the  purpose  of  being released on his own recognizance or
having bail fixed.  If the defendant does not desire to avail himself of
such right, the officer must request him to endorse such fact  upon  the
warrant,  and upon such endorsement the officer must without unnecessary
delay bring him before the court in which the warrant is returnable.  If
the defendant does desire to avail himself  of  such  right,  or  if  he
refuses to make the aforementioned endorsement, the officer must without
unnecessary  delay bring him before a local criminal court of the county
of arrest.  Such court must release the defendant on  his  own  recogni-
zance or fix bail for his appearance on a specified date in the court in
which  the  warrant  is  returnable.   If the defendant is in default of
bail, the officer must without unnecessary delay bring  him  before  the
court in which the warrant is returnable.
  4.    Upon  arresting  a  defendant for an offense other than a felony
pursuant to a warrant of arrest in a county other than the one in  which
the  warrant  is returnable or one adjoining it, a police officer, if he
be one delegated to execute the warrant pursuant to section 120.60,  may
hold  the  defendant in custody in the county of arrest for a period not
exceeding two hours for the purpose of delivering him to the custody  of
the  officer  by  whom  he was delegated to execute such warrant. If the
delegating officer receives custody of the defendant during such period,
he must proceed as provided in subdivision three. Otherwise, the  deleg-
ated  officer  must  inform  the defendant that he has a right to appear
before a local criminal court for the purpose of being released  on  his
own recognizance or having bail fixed.  If the defendant does not desire
to  avail  himself  of such right, the officer must request him to make,

A. 9006--B                         119

sign and deliver to him a written statement of such  fact,  and  if  the
defendant does so, the officer must retain custody of him but must with-
out  unnecessary  delay  deliver him or cause him to be delivered to the
custody  of  the delegating police officer. If the defendant does desire
to avail himself of such right, or if he refuses to make and deliver the
aforementioned statement, the delegated or arresting officer must  with-
out  unnecessary  delay  bring  him before a local criminal court of the
county of arrest and must submit  to  such  court  a  written  statement
reciting  the material facts concerning the issuance of the warrant, the
offense involved, and all  other  essential  matters  relating  thereto.
Upon  the  submission  of  such  statement,  such court must release the
defendant on his own recognizance or fix bail for his  appearance  on  a
specified  date in the court in which the warrant is returnable.  If the
defendant is in default of bail, the officer must retain custody of  him
but must without unnecessary delay deliver him or cause him to be deliv-
ered  to  the  custody  of the delegating officer.   Upon receiving such
custody, the latter must without unnecessary delay bring  the  defendant
before the court in which the warrant is returnable.
  5.   Whenever a police officer is required pursuant to this section to
bring an arrested defendant before a town court in which  a  warrant  of
arrest  is  returnable,  and  if such town court is not available at the
time, such officer must, if a copy of the underlying accusatory  instru-
ment  has  been  attached  to  the  warrant  pursuant to section 120.40,
instead bring such defendant before any village court embraced, in whole
or in part, by such town, or any local criminal court  of  an  adjoining
town  or city of the same county or any village court embraced, in whole
or in part, by such adjoining town. When the court in which the  warrant
is returnable is a village court which is not available at the time, the
officer  must  in such circumstances bring the defendant before the town
court of the town embracing such village  or  any  other  village  court
within  such  town or, if such town court or village court is not avail-
able either, before the local criminal court of any town or city of  the
same county which adjoins such embracing town or, before the local crim-
inal court of any village embraced in whole or in part by such adjoining
town.  When the court in which the warrant is returnable is a city court
which is not available at the time, the officer  must  in  such  circum-
stances  bring  the  defendant  before  the  local criminal court of any
adjoining town or village embraced in whole or in part by such adjoining
town of the same county.
  5-A. WHENEVER A POLICE OFFICER IS REQUIRED, PURSUANT TO THIS  SECTION,
TO  BRING  AN ARRESTED DEFENDANT BEFORE A YOUTH PART OF A SUPERIOR COURT
IN WHICH A WARRANT OF ARREST IS RETURNABLE, AND IF  SUCH  COURT  IS  NOT
AVAILABLE AT THE TIME, SUCH OFFICER MUST BRING SUCH DEFENDANT BEFORE THE
MOST  ACCESSIBLE  MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE
SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
  6.  Before bringing a defendant arrested pursuant to a warrant  before
the local criminal court OR YOUTH PART OF A SUPERIOR COURT in which such
warrant  is  returnable, a police officer must without unnecessary delay
perform all fingerprinting and other preliminary police duties  required
in  the  particular  case.  In  any  case  in which the defendant is not
brought by a police officer before such court but, following his  arrest
in another county for an offense specified in subdivision one of section
160.10,  is  released  by a local criminal court of such other county on
his own recognizance or on bail for his appearance on a  specified  date
before  the local criminal court before which the warrant is returnable,
the latter court must, upon arraignment  of  the  defendant  before  it,

A. 9006--B                         120

direct  that  he  be fingerprinted by the appropriate officer or agency,
and that he appear at an appropriate designated time and place for  such
purpose.
  7.  Upon arresting a juvenile offender, the police officer shall imme-
diately  notify  the  parent or other person legally responsible for his
care or the person with whom he is domiciled, that the juvenile offender
has been arrested, and the location of the facility where  he  is  being
detained.
  8.    Upon  arresting a defendant, other than a juvenile offender, for
any offense pursuant to a warrant of arrest,  a  police  officer  shall,
upon  the  defendant's  request,  permit the defendant to communicate by
telephone provided by the law enforcement facility where  the  defendant
is held to a phone number located anywhere in the United States or Puer-
to  Rico, for the purposes of obtaining counsel and informing a relative
or friend that he or she has been arrested,  unless  granting  the  call
will  compromise  an  ongoing  investigation  or  the prosecution of the
defendant.
  S 63-n. Subdivision 1 of section 130.10 of the criminal procedure law,
as amended by chapter 446 of the laws of 1993, is  amended  to  read  as
follows:
  1. A summons is a process issued by a local criminal court directing a
defendant  designated  in  an information, a prosecutor's information, a
felony complaint or a misdemeanor complaint filed with such court, OR  A
YOUTH  PART  OF  A  SUPERIOR COURT DIRECTING A DEFENDANT DESIGNATED IN A
FELONY COMPLAINT, or by a superior court directing  a  defendant  desig-
nated  in  an indictment filed with such court, to appear before it at a
designated future time in connection with  such  accusatory  instrument.
The sole function of a summons is to achieve a defendant's court appear-
ance  in a criminal action for the purpose of arraignment upon the accu-
satory instrument by which such action was commenced.
  S 63-o. Section 130.30 of the criminal procedure law,  as  amended  by
chapter 506 of the laws of 2000, is amended to read as follows:
S 130.30 Summons; when issuable.
  A local criminal court OR YOUTH PART OF THE SUPERIOR COURT may issue a
summons  in any case in which, pursuant to section 120.20, it is author-
ized to  issue  a  warrant  of  arrest  based  upon  an  information,  a
prosecutor's information, a felony complaint or a misdemeanor complaint.
If  such  information,  prosecutor's  information,  felony  complaint or
misdemeanor complaint is not sufficient on its  face  as  prescribed  in
section  100.40,  and if the court is satisfied that on the basis of the
available facts or evidence it would be impossible to draw and  file  an
authorized  accusatory  instrument  that  is sufficient on its face, the
court must dismiss the accusatory instrument. A superior court may issue
a summons in any case in  which,  pursuant  to  section  210.10,  it  is
authorized to issue a warrant of arrest based upon an indictment.
  S  63-p. Subdivision 1 of section 140.20 of the criminal procedure law
is amended by adding a new paragraph (e) to read as follows:
  (E) IF THE ARREST IS FOR A PERSON UNDER  THE  AGE  OF  EIGHTEEN,  SUCH
PERSON  SHALL BE BROUGHT BEFORE THE YOUTH PART OF THE SUPERIOR COURT. IF
THE YOUTH PART IS NOT IN SESSION, SUCH PERSON SHALL  BE  BROUGHT  BEFORE
THE  MOST  ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF
THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
  S 64. Subdivision 6 of section 140.20 of the criminal  procedure  law,
as  added  by  chapter  411  of  the laws of 1979, is amended to read as
follows:

A. 9006--B                         121

  6. Upon arresting a juvenile offender without a  warrant,  the  police
officer  shall  immediately  notify  the  parent or other person legally
responsible for his OR HER care or the person with whom  he  OR  SHE  is
domiciled,  that  the  juvenile  offender  has  been  arrested,  and the
location of the facility where he OR SHE is being detained. IF THE OFFI-
CER DETERMINES THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR A
CHILD  UNDER  EIGHTEEN  YEARS OF AGE WHO FITS WITHIN THE DEFINITION OF A
JUVENILE OFFENDER AS DEFINED IN SECTION 30.00  OF  THE  PENAL  LAW,  THE
OFFICER  MUST  TAKE  THE  JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF
ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE  QUESTIONING  OF
CHILDREN  OR,  UPON  THE  CONSENT  OF  A  PARENT OR OTHER PERSON LEGALLY
RESPONSIBLE FOR THE CARE OF THE JUVENILE, TO  THE  JUVENILE'S  RESIDENCE
AND  THERE  QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME. A JUVE-
NILE SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS  THE  JUVE-
NILE  AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS SUBDIVISION,
IF PRESENT, HAVE BEEN ADVISED:
  (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
  (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
LAW;
  (C) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH  QUES-
TIONING; AND
  (D)  OF  THE  JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED FOR HIM OR
HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
  IN DETERMINING THE SUITABILITY  OF  QUESTIONING  AND  DETERMINING  THE
REASONABLE  PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER, THE
JUVENILE'S AGE, THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS  OR  OTHER
PERSONS  LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION PURSU-
ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
  S 64-a. Subdivision 2 of section 140.27 of the criminal procedure law,
as amended by chapter 843 of the laws of 1980, is  amended  to  read  as
follows:
  2.  Upon arresting a person without a warrant, a peace officer, except
as  otherwise  provided  in  subdivision  three OR THREE-A, must without
unnecessary delay bring him or cause him to be brought  before  a  local
criminal  court,  as  provided  in section 100.55 and subdivision one of
section 140.20, and must without unnecessary delay file or cause  to  be
filed  therewith  an  appropriate accusatory instrument.  If the offense
which is the subject of the arrest is one of those specified in subdivi-
sion one of section 160.10, the arrested person  must  be  fingerprinted
and  photographed as therein provided.  In order to execute the required
post-arrest functions, such arresting peace  officer  may  perform  such
functions  himself  or he may enlist the aid of a police officer for the
performance thereof in the manner provided in subdivision one of section
140.20.
  S 64-b. Section 140.27 of the criminal procedure  law  is  amended  by
adding a new subdivision 3-a to read as follows:
  3-A.  IF  THE  ARREST  IS FOR A PERSON UNDER THE AGE OF EIGHTEEN, SUCH
PERSON SHALL BE BROUGHT BEFORE THE YOUTH PART OF THE SUPERIOR COURT.  IF
THE  YOUTH  PART  IS NOT IN SESSION, SUCH PERSON SHALL BE BROUGHT BEFORE
THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE  DIVISION  OF
THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
  S  65.  Subdivision 5 of section 140.27 of the criminal procedure law,
as added by chapter 411 of the laws of  1979,  is  amended  to  read  as
follows:
  5.    Upon  arresting a juvenile offender without a warrant, the peace
officer shall immediately notify the  parent  or  other  person  legally

A. 9006--B                         122

responsible for his care or the person with whom he OR SHE is domiciled,
that  the  juvenile  offender has been arrested, and the location of the
facility where he OR SHE is being detained.  IF THE  OFFICER  DETERMINES
THAT  IT  IS  NECESSARY TO QUESTION A JUVENILE OFFENDER OR A CHILD UNDER
EIGHTEEN YEARS OF AGE WHO FITS  WITHIN  THE  DEFINITION  OF  A  JUVENILE
OFFENDER  AS  DEFINED IN SECTION 30.00 OF THE PENAL LAW THE OFFICER MUST
TAKE THE JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF
THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF CHILDREN OR,  UPON
THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE
OF  THE  JUVENILE, TO THE JUVENILE'S RESIDENCE AND THERE QUESTION HIM OR
HER FOR A REASONABLE PERIOD OF TIME. A JUVENILE SHALL NOT BE  QUESTIONED
PURSUANT TO THIS SECTION UNLESS THE JUVENILE AND A PERSON REQUIRED TO BE
NOTIFIED PURSUANT TO THIS SUBDIVISION, IF PRESENT, HAVE BEEN ADVISED:
  (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
  (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
LAW;
  (C)  OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
TIONING; AND
  (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED  FOR  HIM  OR
HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
  IN  DETERMINING  THE  SUITABILITY  OF  QUESTIONING AND DETERMINING THE
REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER,  THE
JUVENILE'S  AGE,  THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION  PURSU-
ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
  S  66.  Subdivision 5 of section 140.40 of the criminal procedure law,
as added by chapter 411 of the laws of  1979,  is  amended  to  read  as
follows:
  5.    If  a  police  officer  takes an arrested juvenile offender into
custody, the police officer shall immediately notify the parent or other
person legally responsible for his OR HER care or the person  with  whom
he  OR  SHE  is domiciled, that the juvenile offender has been arrested,
and the location of the facility where he OR SHE is being detained.   IF
THE  OFFICER  DETERMINES  THAT  IT  IS  NECESSARY TO QUESTION A JUVENILE
OFFENDER OR A CHILD UNDER EIGHTEEN YEARS OF  AGE  WHO  FITS  WITHIN  THE
DEFINITION  OF  A  JUVENILE  OFFENDER AS DEFINED IN SECTION 30.00 OF THE
PENAL LAW THE OFFICER MUST TAKE THE JUVENILE TO A FACILITY DESIGNATED BY
THE CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE  QUES-
TIONING  OF  CHILDREN  OR,  UPON THE CONSENT OF A PARENT OR OTHER PERSON
LEGALLY RESPONSIBLE FOR THE CARE OF  THE  JUVENILE,  TO  THE  JUVENILE'S
RESIDENCE AND THERE QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME.
A  JUVENILE  SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS THE
JUVENILE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS  SUBDIVI-
SION, IF PRESENT, HAVE BEEN ADVISED:
  (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
  (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
LAW;
  (C)  OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
TIONING; AND
  (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED  FOR  HIM  OR
HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
  IN  DETERMINING  THE  SUITABILITY  OF  QUESTIONING AND DETERMINING THE
REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER,  THE
JUVENILE'S  AGE,  THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION  PURSU-
ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.

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  S  66-a.  Section  150.40  of the criminal procedure law is amended by
adding a new subdivision 5 to read as follows:
  5.  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS CHAPTER, ANY UNIFORM
TRAFFIC TICKET ISSUED TO A PERSON SIXTEEN  OR  SEVENTEEN  YEARS  OF  AGE
PURSUANT TO A VIOLATION OF ANY PROVISION OF THE VEHICLE AND TRAFFIC LAW,
OR  ANY LOCAL LAW, CONSTITUTING A TRAFFIC INFRACTION SHALL BE RETURNABLE
TO THE LOCAL CITY, TOWN, OR VILLAGE COURT, OR TRAFFIC VIOLATIONS  BUREAU
HAVING JURISDICTION.
  S  67.  The  criminal procedure law is amended by adding a new section
160.56 to read as follows:
S 160.56 SEALING OF CERTAIN CONVICTIONS.
  1. DEFINITIONS: AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
HAVE THE FOLLOWING MEANINGS:
  (A)  "ELIGIBLE  OFFENSE" SHALL MEAN ANY OFFENSE DEFINED IN THE LAWS OF
THIS STATE OTHER THAN A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIR-
TY OF  THE  PENAL  LAW,  AN  OFFENSE  DEFINED  IN  ARTICLE  TWO  HUNDRED
SIXTY-THREE  OF  THE  PENAL LAW, A FELONY OFFENSE DEFINED IN ARTICLE ONE
HUNDRED TWENTY-FIVE OF THE PENAL LAW, A VIOLENT FELONY  OFFENSE  DEFINED
IN  SECTION  70.02 OF THE PENAL LAW, A CLASS A FELONY OFFENSE DEFINED IN
THE PENAL LAW OTHER THAN A CLASS A FELONY OFFENSE DEFINED IN ARTICLE TWO
HUNDRED TWENTY OF THE PENAL LAW, OR AN OFFENSE FOR WHICH REGISTRATION AS
A SEX OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF  THE  CORRECTION
LAW.  FOR THE PURPOSES OF THIS SECTION, WHERE THE DEFENDANT IS CONVICTED
OF  MORE THAN ONE ELIGIBLE OFFENSE, COMMITTED AS PART OF THE SAME CRIMI-
NAL TRANSACTION AS DEFINED IN SUBDIVISION TWO OF SECTION 40.10  OF  THIS
CHAPTER, THOSE OFFENSES SHALL BE CONSIDERED ONE ELIGIBLE OFFENSE.
  2.  (A)  A  DEFENDANT  WHO  HAS  BEEN  CONVICTED OF UP TO TWO ELIGIBLE
OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE MAY PETITION THE COURT  IN
WHICH  HE  OR SHE WAS CONVICTED OF THE MOST SERIOUS OFFENSE TO HAVE SUCH
CONVICTION OR CONVICTIONS SEALED. IF ALL OFFENSES ARE OFFENSES WITH  THE
SAME  CLASSIFICATION,  THE PETITION SHALL BE FILED IN THE COURT IN WHICH
THE DEFENDANT WAS LAST CONVICTED. ON THE DEFENDANT'S MOTION,  THE  COURT
MAY  ORDER  THAT ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARREST,
PROSECUTION AND CONVICTION FOR THE DEFENDANT'S PRIOR  ELIGIBLE  OFFENSES
BE CONDITIONALLY SEALED WHEN:
  (A) THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME, INCLUDING
CRIMES  SEALED  UNDER  SECTION  160.58  OF  THIS CHAPTER, OTHER THAN THE
ELIGIBLE OFFENSES;
  (B) FOR A MISDEMEANOR, AT LEAST ONE YEAR HAS PASSED SINCE:  THE  ENTRY
OF  THE  JUDGMENT  OR,  IF  THE DEFENDANT WAS SENTENCED TO A CONDITIONAL
DISCHARGE OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF  INCARCERATION
IMPOSED  IN  CONJUNCTION  WITH  A  SENTENCE  OF PROBATION OR CONDITIONAL
DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR CONDI-
TIONAL DISCHARGE, OR IF THE DEFENDANT WAS  SENTENCED  TO  INCARCERATION,
THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONGEST; OR
  (C)  FOR  AN  ELIGIBLE FELONY, AT LEAST THREE YEARS HAVE PASSED SINCE:
THE ENTRY OF THE JUDGMENT OR, IF THE DEFENDANT WAS SENTENCED TO A CONDI-
TIONAL DISCHARGE OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF  INCAR-
CERATION  IMPOSED  IN CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDI-
TIONAL DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR
CONDITIONAL DISCHARGE, OR IF THE DEFENDANT WAS SENTENCED  TO  INCARCERA-
TION, THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONG-
EST; AND
  (D)  THE SENTENCING COURT HAS REQUESTED AND RECEIVED FROM THE DIVISION
OF CRIMINAL JUSTICE SERVICES OR THE FEDERAL BUREAU  OF  INVESTIGATION  A
FINGERPRINT  BASED  CRIMINAL  HISTORY RECORD OF THE DEFENDANT, INCLUDING

A. 9006--B                         124

ANY SEALED OR SUPPRESSED INFORMATION. THE DIVISION OF  CRIMINAL  JUSTICE
SERVICES  SHALL ALSO INCLUDE A CRIMINAL HISTORY REPORT, IF ANY, FROM THE
FEDERAL BUREAU OF INVESTIGATION REGARDING ANY CRIMINAL HISTORY  INFORMA-
TION  THAT  OCCURRED  IN  OTHER  JURISDICTIONS.  THE  DIVISION IS HEREBY
AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU OF INVES-
TIGATION FOR THIS PURPOSE. THE PARTIES SHALL  BE  PERMITTED  TO  EXAMINE
THESE RECORDS;
  (E)  THE  DEFENDANT OR COURT HAS IDENTIFIED THE MISDEMEANOR CONVICTION
OR CONVICTIONS OR FELONY CONVICTION FOR WHICH RELIEF MAY BE GRANTED;
  (F) THE COURT HAS RECEIVED DOCUMENTATION THAT THE SENTENCES IMPOSED ON
THE ELIGIBLE CONVICTIONS HAVE BEEN COMPLETED, OR IF NO  SUCH  DOCUMENTA-
TION  IS  REASONABLY  AVAILABLE,  A  SWORN  AFFIDAVIT THAT THE SENTENCES
IMPOSED ON THE PRIOR ELIGIBLE CONVICTIONS HAVE BEEN COMPLETED;
  (G) THE COURT HAS NOTIFIED THE DISTRICT ATTORNEY OF EACH  JURISDICTION
IN  WHICH THE DEFENDANT HAS BEEN CONVICTED OF AN OFFENSE WITH RESPECT TO
WHICH SEALING IS SOUGHT, AND THE COURT OR COURTS OF CONVICTION FOR  SUCH
OFFENSES,  THAT  THE  COURT  IS  CONSIDERING  SEALING THE RECORDS OF THE
DEFENDANT'S ELIGIBLE CONVICTIONS. BOTH THE  DISTRICT  ATTORNEY  AND  THE
COURT  SHALL  BE  GIVEN  A  REASONABLE OPPORTUNITY, WHICH SHALL BE UP TO
THIRTY DAYS, IN WHICH TO COMMENT AND SUBMIT MATERIALS TO AID  THE  COURT
IN  MAKING  SUCH  A  DETERMINATION.  WHEN  THE COURT NOTIFIES A DISTRICT
ATTORNEY OF A SEALING APPLICATION, THE DISTRICT ATTORNEY  SHALL  PROVIDE
NOTICE  TO  THE  VICTIM,  IF  ANY, OF THE SEALING APPLICATION BY MAILING
WRITTEN NOTICE TO THE VICTIM'S LAST-KNOWN ADDRESS. FOR PURPOSES OF  THIS
SECTION  "VICTIM"  MEANS ANY PERSON WHO HAS SUSTAINED PHYSICAL OR FINAN-
CIAL INJURY TO PERSON OR TO PROPERTY AS A DIRECT RESULT OF THE CRIME  OR
CRIMES FOR WHICH SEALING IS APPLIED. THE COURT SHALL PROVIDE THE DEFEND-
ANT WITH ANY MATERIALS SUBMITTED TO THE COURT IN RESPONSE TO THE DEFEND-
ANT'S PETITION; AND
  (H) NO CHARGES FOR ANY OFFENSE ARE PENDING AGAINST THE DEFENDANT.
  3. AT THE REQUEST OF THE DEFENDANT OR THE DISTRICT ATTORNEY OF A COUN-
TY  IN  WHICH THE DEFENDANT COMMITTED A CRIME THAT IS THE SUBJECT OF THE
SEALING APPLICATION, THE COURT MAY CONDUCT A  HEARING  TO  CONSIDER  AND
REVIEW  ANY RELEVANT EVIDENCE OFFERED BY EITHER PARTY THAT WOULD AID THE
COURT IN ITS DECISION WHETHER TO SEAL THE  RECORDS  OF  THE  DEFENDANT'S
ARRESTS,  PROSECUTIONS  AND CONVICTIONS. IN MAKING SUCH A DETERMINATION,
THE COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT NOT LIMITED
TO:
  (A) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE OR OFFENSES  THAT
RESULTED IN THE CONVICTION OR CONVICTIONS;
  (B) THE CHARACTER OF THE DEFENDANT, INCLUDING WHAT STEPS THE PETITION-
ER  HAS  TAKEN  SINCE  THE TIME OF THE OFFENSE TOWARD PERSONAL REHABILI-
TATION, INCLUDING TREATMENT, WORK, SCHOOL,  OR  OTHER  PERSONAL  HISTORY
THAT DEMONSTRATES REHABILITATION;
  (C) THE DEFENDANT'S CRIMINAL HISTORY;
  (D)  THE  IMPACT  OF  SEALING  THE DEFENDANT'S RECORDS UPON HIS OR HER
REHABILITATION AND HIS OR HER  SUCCESSFUL  AND  PRODUCTIVE  REENTRY  AND
REINTEGRATION INTO SOCIETY, AND ON PUBLIC SAFETY; AND
  (E) ANY STATEMENTS MADE BY THE VICTIM OF THE OFFENSE WHERE THERE IS IN
FACT A VICTIM OF THE CRIME.
  4.  WHEN A COURT ORDERS SEALING PURSUANT TO THIS SECTION, ALL OFFICIAL
RECORDS  AND  PAPERS  RELATING  TO  THE   ARRESTS,   PROSECUTIONS,   AND
CONVICTIONS,  INCLUDING  ALL DUPLICATES AND COPIES THEREOF, ON FILE WITH
THE DIVISION OF CRIMINAL JUSTICE SERVICES OR ANY COURT SHALL  BE  SEALED
AND  NOT  MADE  AVAILABLE  TO  ANY  PERSON  OR PUBLIC OR PRIVATE AGENCY;

A. 9006--B                         125

PROVIDED, HOWEVER, THE DIVISION SHALL  RETAIN  ANY  FINGERPRINTS,  PALM-
PRINTS, PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME.
  5.  WHEN  THE COURT ORDERS SEALING PURSUANT TO THIS SECTION, THE CLERK
OF SUCH COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE  DIVISION
OF CRIMINAL JUSTICE SERVICES, AND ANY COURT THAT SENTENCED THE DEFENDANT
FOR  AN  OFFENSE  WHICH  HAS  BEEN  CONDITIONALLY  SEALED, REGARDING THE
RECORDS THAT SHALL BE SEALED PURSUANT TO THIS SECTION.
  6. RECORDS SEALED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO:
  (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT;
  (B) QUALIFIED AGENCIES, AS DEFINED  IN  SUBDIVISION  NINE  OF  SECTION
EIGHT  HUNDRED  THIRTY-FIVE  OF THE EXECUTIVE LAW, AND FEDERAL AND STATE
LAW ENFORCEMENT AGENCIES, WHEN ACTING WITHIN  THE  SCOPE  OF  THEIR  LAW
ENFORCEMENT DUTIES;
  (C)  ANY  STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE  APPLICA-
TION FOR SUCH A LICENSE;
  (D)  ANY  PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR  OF
SECTION  1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR EMPLOY-
MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
PERSON WHO IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER  OR  PEACE
OFFICER  SHALL  BE  FURNISHED  WITH A COPY OF ALL RECORDS OBTAINED UNDER
THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
TO; OR
  (E) THE CRIMINAL JUSTICE INFORMATION SERVICES DIVISION OF THE  FEDERAL
BUREAU  OF  INVESTIGATION,  FOR THE PURPOSES OF RESPONDING TO QUERIES TO
THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM REGARDING ATTEMPTS
TO PURCHASE OR OTHERWISE TAKE POSSESSION OF FIREARMS, AS DEFINED  IN  18
USC 921 (A) (3).
  10.  IF,  WITHIN  TEN YEARS FOLLOWING THE ENTRY OF THE JUDGMENT OR, IF
THE DEFENDANT WAS SENTENCED TO A CONDITIONAL DISCHARGE OR  A  PERIOD  OF
PROBATION,  INCLUDING  A  PERIOD OF INCARCERATION IMPOSED IN CONJUNCTION
WITH A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, THE COMPLETION OF
THE DEFENDANT'S TERM OF PROBATION OR CONDITIONAL DISCHARGE,  OR  IF  THE
DEFENDANT  WAS  SENTENCED TO INCARCERATION, THE DEFENDANT'S RELEASE FROM
INCARCERATION, THE PERSON WHO IS THE  SUBJECT  OF  SUCH  RECORDS  SEALED
PURSUANT  TO  THIS  SECTION IS ARRESTED FOR OR FORMALLY CHARGED WITH ANY
MISDEMEANOR OR FELONY OFFENSE, SUCH RECORDS SHALL BE UNSEALED IMMEDIATE-
LY AND REMAIN UNSEALED; PROVIDED, HOWEVER, THAT IF SUCH NEW  MISDEMEANOR
OR  FELONY  ARREST  RESULTS  IN A TERMINATION IN FAVOR OF THE ACCUSED AS
DEFINED IN SUBDIVISION THREE OF SECTION 160.50 OF  THIS  ARTICLE  OR  BY
CONVICTION  FOR A NON-CRIMINAL OFFENSE AS DESCRIBED IN SECTION 160.55 OF
THIS ARTICLE, SUCH UNSEALED RECORDS SHALL BE CONDITIONALLY SEALED PURSU-
ANT TO THIS SECTION.
  11. NO DEFENDANT SHALL BE REQUIRED OR PERMITTED TO  WAIVE  ELIGIBILITY
FOR  CONDITIONAL  SEALING  PURSUANT TO THIS SECTION AS PART OF A PLEA OF
GUILTY, SENTENCE OR ANY AGREEMENT RELATED TO A CONVICTION FOR AN  ELIGI-
BLE  OFFENSE  AND  ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY UNEN-
FORCEABLE.
  S 68. Section 180.75 of the criminal procedure law, as added by  chap-
ter  481  of the laws of 1978, paragraph (b) of subdivision 3 as amended
by chapter 920 of the laws of 1982, subdivision 4 as amended by  chapter
264  of  the  laws of 2003, and subdivisions 5 and 6 as added by chapter
411 of the laws of 1979, is amended to read as follows:
S 180.75 Proceedings upon felony complaint; juvenile offender.

A. 9006--B                         126

  1. When THE YOUTH PART OF A SUPERIOR COURT IS NOT  IN  SESSION  AND  a
juvenile  offender is arraigned before [a local criminal court] THE MOST
ACCESSIBLE MAGISTRATE  DESIGNATED  BY  THE  APPELLATE  DIVISION  OF  THE
SUPREME  COURT  IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART, the
provisions  of  this  section  shall  apply in lieu of the provisions of
sections 180.30, 180.50 and 180.70 of this article.
  2. [If] WHETHER OR NOT the defendant waives a hearing upon the  felony
complaint,  the  court  must  [order  that the defendant be held for the
action of the grand jury of the appropriate superior court with  respect
to the charge or charges contained in the felony complaint] TRANSFER THE
ACTION  TO THE YOUTH PART OF THE SUPERIOR COURT.  In such case the court
must promptly transmit to such YOUTH PART  OF  THE  superior  court  the
order,  the  felony  complaint, the supporting depositions and all other
pertinent documents.  Until such papers are received by the  YOUTH  PART
OF  THE  superior court, the action is deemed to be still pending in the
[local criminal court] COURT DESIGNATED BY THE APPELLATE DIVISION OF THE
SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
  3. If there be a hearing, then at the conclusion of the  hearing,  the
court must dispose of the felony complaint as follows:
  (a) If there is reasonable cause to believe that the defendant commit-
ted  a  crime  for which a person under the age of [sixteen] EIGHTEEN is
criminally responsible, the court must order that the defendant be  held
for the action of a grand jury of the appropriate superior court; or
  (b)  If  there  is  not reasonable cause to believe that the defendant
committed a crime for which a person under the age  of  [sixteen]  EIGH-
TEEN, is criminally responsible but there is reasonable cause to believe
that  the defendant is a "juvenile delinquent" as defined in subdivision
one of section 301.2 of the family court act, the court must specify the
act or acts it found reasonable cause to believe the defendant  did  and
direct that the action be removed to the family court in accordance with
the provisions of article seven hundred twenty-five of this chapter; or
  (c)  If  there  is  not reasonable cause to believe that the defendant
committed any criminal act, the court must dismiss the felony  complaint
and  discharge  the defendant from custody if he is in custody, or if he
is at liberty on bail, it must exonerate the bail.
  4. Notwithstanding the provisions of subdivisions  two  and  three  of
this  section, [a local criminal] THE court shall, at the request of the
district attorney, order removal of an action against a juvenile  offen-
der  to  the  family  court  pursuant to the provisions of article seven
hundred twenty-five of this chapter if, upon consideration of the crite-
ria specified in subdivision two of section 210.43 of this  chapter,  it
is  determined  that  to  do  so  would  be in the interests of justice.
Where, however, the felony complaint charges the juvenile offender  with
murder  in  the  second degree as defined in section 125.25 of the penal
law, rape in the first degree as defined in subdivision one  of  section
130.35  of  the  penal  law,  criminal sexual act in the first degree as
defined in subdivision one of section 130.50 of the  penal  law,  or  an
armed  felony  as  defined  in paragraph (a) of subdivision forty-one of
section 1.20 of this  chapter,  a  determination  that  such  action  be
removed  to the family court shall, in addition, be based upon a finding
of one or more of the following factors:  (i)  mitigating  circumstances
that  bear directly upon the manner in which the crime was committed; or
(ii) where the defendant was not the sole participant in the crime,  the
defendant's  participation was relatively minor although not so minor as
to constitute a defense to the prosecution; or (iii) possible  deficien-
cies in proof of the crime.

A. 9006--B                         127

  5.  Notwithstanding the provisions of subdivision two, three, or four,
if a currently undetermined felony complaint against a juvenile offender
is pending [in a local criminal court], and the defendant has not waived
a hearing pursuant to subdivision two and a hearing pursuant to subdivi-
sion  three  has not commenced, the defendant may move in the YOUTH PART
OF THE superior court which would exercise the trial jurisdiction of the
offense or offenses charged were an indictment therefor  to  result,  to
remove  the action to family court. The procedural rules of subdivisions
one and two of section 210.45 of this chapter are applicable to a motion
pursuant to this subdivision. Upon such  motion,  the  [superior]  court
[shall  be  authorized  to sit as a local criminal court to exercise the
preliminary jurisdiction specified in subdivisions two and three of this
section, and] shall proceed and determine  the  motion  as  provided  in
section  210.43  of  this chapter; provided, however, that the exception
provisions of paragraph (b) of subdivision one of  such  section  210.43
shall  not  apply when there is not reasonable cause to believe that the
juvenile offender committed one or more of the crimes enumerated  there-
in,  and  in  such  event  the provisions of paragraph (a) thereof shall
apply.
  6. (a) If the court orders removal of the action to family  court,  it
shall  state on the record the factor or factors upon which its determi-
nation is based, and the court shall give its  reasons  for  removal  in
detail and not in conclusory terms.
  (b)  the district attorney shall state upon the record the reasons for
his consent to removal of the action to  the  family  court  where  such
consent  is  required.  The reasons shall be stated in detail and not in
conclusory terms.
  (c) For the purpose of making a determination pursuant to  subdivision
four or five, the court may make such inquiry as it deems necessary. Any
evidence  which  is  not  legally  privileged  may be introduced. If the
defendant testifies, his testimony may not be introduced against him  in
any  future  proceeding,  except to impeach his testimony at such future
proceeding as inconsistent prior testimony.
  (d) Where a motion for removal by the defendant pursuant  to  subdivi-
sion five has been denied, no further motion pursuant to this section or
section 210.43 of this chapter may be made by the juvenile offender with
respect to the same offense or offenses.
  (e)  Except  as  provided  by paragraph (f), this section shall not be
construed to limit the powers of the grand jury.
  (f) Where a motion by the defendant pursuant to subdivision  five  has
been granted, there shall be no further proceedings against the juvenile
offender  in  any  local  or superior criminal court INCLUDING THE YOUTH
PART OF THE SUPERIOR COURT for the offense or offenses  which  were  the
subject of the removal order.
  S 68-a. The opening paragraph of section 180.80 of the criminal proce-
dure  law,  as amended by chapter 556 of the laws of 1982, is amended to
read as follows:
  Upon application of a defendant against whom a  felony  complaint  has
been  filed  with a local criminal court OR THE YOUTH PART OF A SUPERIOR
COURT, and who, since the time of his arrest or subsequent thereto,  has
been  held  in custody pending disposition of such felony complaint, and
who has been confined in such custody for a  period  of  more  than  one
hundred  twenty  hours or, in the event that a Saturday, Sunday or legal
holiday occurs during such custody, one hundred forty-four hours,  with-
out  either  a  disposition of the felony complaint or commencement of a

A. 9006--B                         128

hearing thereon, the [local criminal] court must release him on his  own
recognizance unless:
  S  69.  Subdivisions  (a)  and  (b)  of section 190.71 of the criminal
procedure law, subdivision (a) as amended by chapter 7 of  the  laws  of
2007,  subdivision  (b) as added by chapter 481 of the laws of 1978, are
amended to read as follows:
  (a) Except as provided in subdivision six of section  200.20  of  this
chapter,  a grand jury may not indict (i) a person thirteen years of age
for any conduct or crime other than conduct constituting a crime defined
in subdivisions one and two of section  125.25  (murder  in  the  second
degree) or such conduct as a sexually motivated felony, where authorized
pursuant  to  section  130.91  of  the penal law; (ii) a person fourteen
[or], fifteen, SIXTEEN OR SEVENTEEN years of  age  for  any  conduct  or
crime  other  than  conduct constituting a crime defined in subdivisions
one and two of section 125.25 (murder  in  the  second  degree)  and  in
subdivision three of such section provided that the underlying crime for
the  murder  charge is one for which such person is criminally responsi-
ble; 135.25 (kidnapping in the first degree); 150.20 (arson in the first
degree); subdivisions one and two of  section  120.10  (assault  in  the
first  degree);  125.20 (manslaughter in the first degree); subdivisions
one and two of section 130.35 (rape in the first  degree);  subdivisions
one and two of section 130.50 (criminal sexual act in the first degree);
130.70  (aggravated  sexual abuse in the first degree); 140.30 (burglary
in the first degree); subdivision one of section 140.25 (burglary in the
second degree); 150.15 (arson in the second degree); 160.15 (robbery  in
the  first  degree);  subdivision  two of section 160.10 (robbery in the
second degree) of the penal law; subdivision four of section  265.02  of
the  penal  law,  where  such firearm is possessed on school grounds, as
that phrase is defined in subdivision fourteen of section 220.00 of  the
penal law; or section 265.03 of the penal law, where such machine gun or
such  firearm  is possessed on school grounds, as that phrase is defined
in subdivision fourteen of section 220.00 of the penal law;  or  defined
in  the penal law as an attempt to commit murder in the second degree or
kidnapping in the first degree, or such conduct as a sexually  motivated
felony,  where  authorized  pursuant to section 130.91 of the penal law;
AND (III) A PERSON SIXTEEN OR  SEVENTEEN  YEARS  OF  AGE  IS  CRIMINALLY
RESPONSIBLE  FOR  ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 460.22
(AGGRAVATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM);  490.45
(CRIMINAL  POSSESSION  OF  A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE
FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON  OR  BIOLOGICAL
WEAPON  IN THE SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON
OR BIOLOGICAL WEAPON IN THE  FIRST  DEGREE);  130.95  (PREDATORY  SEXUAL
ASSAULT);  130.96  (PREDATORY  SEXUAL  ASSAULT  AGAINST A CHILD); 120.11
(AGGRAVATED ASSAULT UPON A POLICE OFFICER OR A  PEACE  OFFICER);  125.22
(AGGRAVATED  MANSLAUGHTER IN THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL
CONDUCT AGAINST A CHILD IN THE FIRST  DEGREE);  215.17  (INTIMIDATING  A
VICTIM  OR WITNESS); 255.27 (INCEST IN THE FIRST DEGREE); 265.04 (CRIMI-
NAL POSSESSION OF A WEAPON IN THE FIRST DEGREE); 265.09 (CRIMINAL USE OF
A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL SALE OF  A  FIREARM  IN
THE  FIRST  DEGREE);  490.35  (HINDERING PROSECUTION OF TERRORISM IN THE
FIRST DEGREE); 490.40 (CRIMINAL  POSSESSION  OF  A  CHEMICAL  WEAPON  OR
BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL USE OF A CHEM-
ICAL  WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); 121.13 (STRANGU-
LATION IN THE FIRST DEGREE); 130.67  (AGGRAVATED  SEXUAL  ABUSE  IN  THE
SECOND  DEGREE);  490.37  (CRIMINAL  POSSESSION  OF A CHEMICAL WEAPON OR
BIOLOGICAL WEAPON IN THE THIRD DEGREE);  OR  130.66  (AGGRAVATED  SEXUAL

A. 9006--B                         129

ABUSE IN THE THIRD DEGREE) OF THIS CHAPTER; OR SUCH CONDUCT COMMITTED AS
A SEXUALLY MOTIVATED FELONY, WHERE AUTHORIZED PURSUANT TO SECTION 130.91
OF THIS CHAPTER.
  (b)  A grand jury may vote to file a request to remove a charge to the
family court if it finds that a person [thirteen, fourteen  or  fifteen]
SEVENTEEN  years of age OR YOUNGER did an act which, if done by a person
over the age of [sixteen] EIGHTEEN, would constitute  a  crime  provided
(1)  such act is one for which it may not indict; (2) it does not indict
such person for a crime; and (3)  the  evidence  before  it  is  legally
sufficient  to establish that such person did such act and competent and
admissible evidence before it provides reasonable cause to believe  that
such person did such act.
  S  70.  Subdivision 6 of section 200.20 of the criminal procedure law,
as added by chapter 136 of the laws of  1980,  is  amended  to  read  as
follows:
  6.  Where an indictment charges at least one offense against a defend-
ant who was under the age of [sixteen]  EIGHTEEN  at  the  time  of  the
commission of the crime and who did not lack criminal responsibility for
such crime by reason of infancy, the indictment may, in addition, charge
in  separate  counts  one  or  more other offenses for which such person
would not have been criminally responsible by reason of infancy, if:
  (a) the offense for which the defendant is criminally responsible  and
the  one  or more other offenses for which he OR SHE would not have been
criminally responsible by reason of infancy are based upon the same  act
or upon the same criminal transaction, as that term is defined in subdi-
vision two of section 40.10 of this chapter; or
  (b)  the  offenses  are  of such nature that either proof of the first
offense would be material and admissible as evidence  in  chief  upon  a
trial of the second, or proof of the second would be material and admis-
sible as evidence in chief upon a trial of the first.
  S  71.  Subdivision 1 of section 210.43 of the criminal procedure law,
as added by chapter 411 of the laws of 1979, paragraph (b) as amended by
chapter 264 of the laws of 2003, is amended to read as follows:
  1. After a motion by a juvenile offender, pursuant to subdivision five
of section 180.75 of this chapter, or after arraignment  of  a  juvenile
offender  upon an indictment, the YOUTH PART OF A superior court may, on
motion of any party or on its own motion:
  (a) except as otherwise provided by paragraph  (b)  OF  THIS  SECTION,
order  removal  of  the  action  to  the  family  court  pursuant to the
provisions of article seven hundred twenty-five  of  this  chapter,  if,
after  consideration of the factors set forth in subdivision two of this
section, the court determines that to do so would be in the interests of
justice. PROVIDED, HOWEVER, THAT A YOUTH PART SHALL BE REQUIRED TO ORDER
REMOVAL OF AN ACTION AGAINST A JUVENILE OFFENDER ACCUSED OF  ROBBERY  IN
THE  SECOND  DEGREE  AS  DEFINED IN SUBDIVISION TWO OF SECTION 160.10 OF
THIS PART, UNLESS THE DISTRICT ATTORNEY PROVES BY A PREPONDERANCE OF THE
EVIDENCE THAT THE YOUTH PLAYED A PRIMARY ROLE IN COMMISSION OF THE CRIME
OR THAT AGGRAVATING CIRCUMSTANCES SET FORTH IN THE MEMORANDUM  IN  OPPO-
SITION  SUBMITTED  BY  THE  DISTRICT  ATTORNEY THAT BEAR DIRECTLY ON THE
MANNER IN WHICH THE CRIME WAS COMMITTED ARE PRESENT; or
  (b) [with the consent] AFTER CONSIDERATION OF  THE  RECOMMENDATION  of
the  district  attorney, order removal of an action involving an indict-
ment charging a juvenile offender with murder in the  second  degree  as
defined in section 125.25 of the penal law; rape in the first degree, as
defined  in subdivision one of section 130.35 of the penal law; criminal
sexual act in the first degree, as defined in subdivision one of section

A. 9006--B                         130

130.50 of the penal law; or an armed felony as defined in paragraph  (a)
of  subdivision  forty-one of section 1.20, to the family court pursuant
to the provisions of article seven hundred twenty-five of  this  chapter
if  the court finds one or more of the following factors: (i) mitigating
circumstances that bear directly upon the manner in which the crime  was
committed;  (ii) where the defendant was not the sole participant in the
crime, the defendant's participation was relatively minor  although  not
so  minor as to constitute a defense to the prosecution; or (iii) possi-
ble deficiencies in the proof of the crime, and, after consideration  of
the  factors  set  forth  in  subdivision two of this section, the court
determined that removal of the action to the family court  would  be  in
the interests of justice.
  S 72. Paragraph (g) of subdivision 5 of section 220.10 of the criminal
procedure  law,  as amended by chapter 480 of the laws of 1976, subpara-
graph (iii) as amended by chapter 264 of the laws of  2003,  the  second
undesignated paragraph as amended by chapter 920 of the laws of 1982 and
the  closing paragraph as amended by chapter 411 of the laws of 1979, is
amended to read as follows:
  (g) Where the defendant is a  juvenile  offender,  the  provisions  of
paragraphs (a), (b), (c) and (d) of this subdivision shall not apply and
any  plea entered pursuant to subdivision three or four of this section,
must be as follows:
  (i) If  the  indictment  charges  a  person  fourteen  [or],  fifteen,
SIXTEEN,  OR  SEVENTEEN years old with the crime of murder in the second
degree any plea of guilty entered pursuant to subdivision three or  four
must be a plea of guilty of a crime for which the defendant is criminal-
ly responsible;
  (ii)  If  the indictment does not charge a crime specified in subpara-
graph (i) of this paragraph, then any plea of guilty entered pursuant to
subdivision three or four of this section must be a plea of guilty of  a
crime for which the defendant is criminally responsible unless a plea of
guilty is accepted pursuant to subparagraph (iii) of this paragraph;
  (iii)  Where  the  indictment  does  not  charge  a crime specified in
subparagraph (i) of this paragraph, the district attorney may  recommend
removal  of the action to the family court. Upon making such recommenda-
tion the district attorney [shall] MAY submit  a  subscribed  memorandum
setting  forth: (1) a recommendation that the interests of justice would
best be served by removal of the action to the family court; and (2)  if
the  indictment  charges a thirteen year old with the crime of murder in
the second degree, or a fourteen [or],  fifteen,  SIXTEEN  OR  SEVENTEEN
year  old  with  the  crimes  of  rape in the first degree as defined in
subdivision one of section 130.35 of the penal law, or  criminal  sexual
act  in the first degree as defined in subdivision one of section 130.50
of the penal law, or an armed felony as  defined  in  paragraph  (a)  of
subdivision  forty-one of section 1.20 of this chapter specific factors,
one or more of which reasonably supports  the  recommendation,  showing,
(i) mitigating circumstances that bear directly upon the manner in which
the  crime  was  committed, or (ii) where the defendant was not the sole
participant in the crime, that the defendant's participation  was  rela-
tively  minor  although  not  so minor as to constitute a defense to the
prosecution, or (iii) possible deficiencies in proof of  the  crime,  or
(iv) where the juvenile offender has no previous adjudications of having
committed  a  designated  felony act, as defined in subdivision eight of
section 301.2 of the family court act, regardless  of  the  age  of  the
offender at the time of commission of the act, that the criminal act was

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not  part  of a pattern of criminal behavior and, in view of the history
of the offender, is not likely to be repeated.
  If  the court is of the opinion based on specific factors set forth in
[the district attorney's memorandum] THIS SUBPARAGRAPH that  the  inter-
ests  of  justice  would  best be served by removal of the action to the
family court, a plea of guilty of a crime or act for which the defendant
is not criminally responsible may be  entered  pursuant  to  subdivision
three  or  four of this section, except that a thirteen year old charged
with the crime of murder in the second degree may only plead to a desig-
nated felony act, as defined in subdivision eight of  section  301.2  of
the family court act.
  Upon  accepting  any such plea, the court must specify upon the record
the portion or portions of the district attorney's statement  the  court
is  relying  upon  as  the basis of its opinion and that it believes the
interests of justice would best be served by removal of  the  proceeding
to  the  family  court.  Such plea shall then be deemed to be a juvenile
delinquency fact determination and the court  upon  entry  thereof  must
direct that the action be removed to the family court in accordance with
the provisions of article seven hundred twenty-five of this chapter.
  S  72-a.  Section  330.25  of  the criminal procedure law, as added by
chapter 481 of the laws of 1978, and subdivision 2 as amended by chapter
920 of the laws of 1982, is amended to read as follows:
S 330.25 Removal after verdict.
  1. Where a defendant  is  a  juvenile  offender  who  does  not  stand
convicted  of  murder  in  the  second  degree, upon motion and with the
consent of the district attorney, the action may be removed to the fami-
ly court in the interests of justice pursuant to article  seven  hundred
twenty-five of this chapter notwithstanding the verdict.
  2.  If the district attorney consents to the motion for removal pursu-
ant to this section, [he shall file a  subscribed  memorandum  with  the
court setting forth (1) a recommendation that] THE COURT, IN DETERMINING
THE  MOTION, SHALL CONSIDER:  (1) WHETHER the interests of justice would
best be served by removal of the action to the family court; and (2)  if
the  conviction  is of an offense set forth in paragraph (b) of subdivi-
sion one of section 210.43 of this  chapter,  WHETHER  specific  factors
EXIST, one or more of which reasonably [support] SUPPORTS the [recommen-
dation] MOTION, showing, (i) mitigating circumstances that bear directly
upon  the  manner  in  which  the crime was committed, or (ii) where the
defendant was not the sole participant in the crime,  that  the  defend-
ant's  participation  was  relatively  minor although not so minor as to
constitute a defense to prosecution, or (iii) where the juvenile  offen-
der has no previous adjudications of having committed a designated felo-
ny  act,  as defined in subdivision eight of section 301.2 of the family
court act, regardless of the age of the offender at the time of  commis-
sion  of  the  act,  that  the criminal act was not part of a pattern of
criminal behavior and, in view of the history of the  offender,  is  not
likely to be repeated.
  3.  If  the  court  is of the opinion, based upon the specific factors
[set forth in the district attorney's memorandum] SHOWN  TO  THE  COURT,
that  the  interests  of  justice would best be served by removal of the
action to the family court, the verdict shall be set aside and a plea of
guilty of a crime or act for  which  the  defendant  is  not  criminally
responsible  may  be  entered  pursuant  to subdivision three or four of
section 220.10 of this chapter. Upon accepting any such plea, the  court
must  specify  upon  the record the [portion or portions of the district
attorney's statement] FACTORS the court is relying upon as the basis  of

A. 9006--B                         132

its  opinion and that it believes the interests of justice would best be
served by removal of the proceeding to the  family  court.    Such  plea
shall then be deemed to be a juvenile delinquency fact determination and
the  court  upon entry thereof must direct that the action be removed to
the family court in accordance with  the  provisions  of  article  seven
hundred twenty-five of this chapter.
  S 72-b. Subdivision 2 of section 410.40 of the criminal procedure law,
as  amended  by  chapter  652 of the laws of 2008, is amended to read as
follows:
  2. Warrant. (A) Where the  probation  officer  has  requested  that  a
probation  warrant  be issued, the court shall, within seventy-two hours
of its receipt of the request, issue or deny the  warrant  or  take  any
other lawful action including issuance of a notice to appear pursuant to
subdivision  one  of this section. If at any time during the period of a
sentence of probation or of conditional discharge the court has  reason-
able  grounds  to believe that the defendant has violated a condition of
the sentence, the court may issue a warrant to a police officer or to an
appropriate peace officer directing him or her  to  take  the  defendant
into  custody  and bring the defendant before the court without unneces-
sary delay; provided, however, if the court  in  which  the  warrant  is
returnable is a superior court, and such court is not available, and the
warrant  is addressed to a police officer or appropriate probation offi-
cer certified as a peace officer,  such  executing  officer  may  UNLESS
OTHERWISE  SPECIFIED  UNDER  PARAGRAPH  (B)  OF  THIS SECTION, bring the
defendant to the local correctional facility of the county in which such
court sits, to be detained there until not later than  the  commencement
of the next session of such court occurring on the next business day; or
if  the  court  in  which  the warrant is returnable is a local criminal
court, and such court is not available, and the warrant is addressed  to
a  police  officer or appropriate probation officer certified as a peace
officer, such executing officer must without unnecessary delay bring the
defendant before an alternate  local  criminal  court,  as  provided  in
subdivision five of section 120.90 of this chapter. A court which issues
such  a  warrant  may  attach  thereto  a  summary  of the basis for the
warrant. In any case where a defendant  arrested  upon  the  warrant  is
brought  before a local criminal court other than the court in which the
warrant is returnable, such local criminal  court  shall  consider  such
summary before issuing a securing order with respect to the defendant.
  (B)  IF  THE  COURT  IN  WHICH THE WARRANT IS RETURNABLE IS A SUPERIOR
COURT, AND SUCH COURT AND ITS YOUTH  PART  IS  NOT  AVAILABLE,  AND  THE
WARRANT  IS ADDRESSED TO A POLICE OFFICER OR APPROPRIATE PROBATION OFFI-
CER CERTIFIED AS A PEACE OFFICER, SUCH EXECUTING OFFICER SHALL, WHERE  A
DEFENDANT  IS SEVENTEEN YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS AN
OFFENSE OR A VIOLATION OF HIS OR HER PROBATION OR CONDITIONAL  DISCHARGE
IMPOSED  FOR  AN  OFFENSE,  BRING  THE DEFENDANT TO A JUVENILE DETENTION
FACILITY, TO BE DETAINED THERE UNTIL BROUGHT WITHOUT  UNNECESSARY  DELAY
BEFORE  THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVI-
SION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH
PART.
  S 73. Section 410.60 of the criminal  procedure  law,  as  amended  by
chapter 652 of the laws of 2008, is amended to read as follows:
S 410.60 Appearance before court.
  (A)  A  person  who  has  been  taken into custody pursuant to section
410.40 or section 410.50 of this article for violation of a condition of
a sentence of probation or a  sentence  of  conditional  discharge  must
forthwith be brought before the court that imposed the sentence. Where a

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violation of probation petition and report has been filed and the person
has  not  been  taken  into  custody  nor  has a warrant been issued, an
initial court appearance shall occur within ten  business  days  of  the
court's  issuance  of  a  notice  to appear. If the court has reasonable
cause to believe that such  person  has  violated  a  condition  of  the
sentence,  it may commit him OR HER to the custody of the sheriff or fix
bail or release such person on his OR HER own  recognizance  for  future
appearance  at a hearing to be held in accordance with section 410.70 of
this article. If the court does not have  reasonable  cause  to  believe
that  such  person  has  violated  a  condition of the sentence, it must
direct that he OR SHE be released.
  (B) A JUVENILE OFFENDER WHO HAS BEEN TAKEN INTO  CUSTODY  PURSUANT  TO
SECTION  410.40  OR  SECTION  410.50  OF THIS ARTICLE FOR VIOLATION OF A
CONDITION OF A SENTENCE  OF  PROBATION  OR  A  SENTENCE  OF  CONDITIONAL
DISCHARGE  MUST  FORTHWITH  BE BROUGHT BEFORE THE COURT THAT IMPOSED THE
SENTENCE.  WHERE A VIOLATION OF PROBATION PETITION AND REPORT  HAS  BEEN
FILED  AND  THE PERSON HAS NOT BEEN TAKEN INTO CUSTODY NOR HAS A WARRANT
BEEN ISSUED, AN INITIAL COURT APPEARANCE SHALL OCCUR WITHIN TEN BUSINESS
DAYS OF THE COURT'S ISSUANCE OF A NOTICE TO APPEAR.  IF  THE  COURT  HAS
REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF
THE  SENTENCE, IT MAY COMMIT HIM OR HER TO THE CUSTODY OF THE SHERIFF OR
IN THE CASE OF A JUVENILE OFFENDER LESS THAN EIGHTEEN YEARS  OF  AGE  TO
THE  CUSTODY  OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, OR FIX BAIL
OR RELEASE SUCH PERSON ON HIS OR HER OWN RECOGNIZANCE FOR FUTURE APPEAR-
ANCE AT A HEARING TO BE HELD IN ACCORDANCE WITH SECTION 410.70  OF  THIS
ARTICLE. PROVIDED, HOWEVER, NOTHING HEREIN SHALL AUTHORIZE A JUVENILE TO
BE  DETAINED  FOR A VIOLATION OF A CONDITION THAT WOULD NOT CONSTITUTE A
CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETERMINES (I) THAT  THE
JUVENILE  POSES  A  SPECIFIC IMMINENT THREAT TO PUBLIC SAFETY AND STATES
THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE USE  OF  GRADUATED
SANCTIONS HAS BEEN EXHAUSTED WITHOUT SUCCESS. IF THE COURT DOES NOT HAVE
REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF
THE SENTENCE, IT MUST DIRECT THAT THE JUVENILE BE RELEASED.
  S  74.  Subdivision 5 of section 410.70 of the criminal procedure law,
as amended by chapter 17 of the laws of 2014,  is  amended  to  read  as
follows:
  5.  Revocation;  modification;  continuation. (A) At the conclusion of
the hearing the court may revoke, continue or  modify  the  sentence  of
probation   or  conditional  discharge.  Where  the  court  revokes  the
sentence, it must impose sentence as specified in subdivisions three and
four of section 60.01 of the penal law. Where  the  court  continues  or
modifies the sentence, it must vacate the declaration of delinquency and
direct  that  the  defendant  be  released.  If the alleged violation is
sustained and the court continues  or  modifies  the  sentence,  it  may
extend the sentence up to the period of interruption specified in subdi-
vision  two  of  section  65.15  of the penal law, but any time spent in
custody in any correctional institution OR JUVENILE  DETENTION  FACILITY
pursuant  to  section 410.40 OR 410.60 of this article shall be credited
against the term of the sentence.  Provided further, where  the  alleged
violation is sustained and the court continues or modifies the sentence,
the  court  may  also extend the remaining period of probation up to the
maximum term authorized by section 65.00 of  the  penal  law.  Provided,
however,  a  defendant shall receive credit for the time during which he
or she was supervised under the original probation sentence prior to any
declaration of delinquency and for any time spent in custody pursuant to
this article for an alleged violation of probation.

A. 9006--B                         134

  (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, NOTHING  HEREIN
SHALL  AUTHORIZE THE PLACEMENT OF A JUVENILE FOR A VIOLATION OF A CONDI-
TION THAT WOULD NOT CONSTITUTE A CRIME IF COMMITTED BY AN  ADULT  UNLESS
THE  COURT  DETERMINES  (I)  THAT THE JUVENILE POSES A SPECIFIC IMMINENT
THREAT  TO  PUBLIC  SAFETY AND STATES THE REASONS FOR THE FINDING ON THE
RECORD OR (II) THE USE OF GRADUATED SANCTIONS HAS BEEN EXHAUSTED WITHOUT
SUCCESS.
  S 75. The criminal procedure law is amended by adding  a  new  section
410.90-a to read as follows:
S 410.90-A SUPERIOR COURT; YOUTH PART.
  NOTWITHSTANDING  ANY OTHER PROVISIONS OF THIS ARTICLE, ALL PROCEEDINGS
RELATING TO A JUVENILE OFFENDER SHALL BE HEARD IN THE YOUTH PART OF  THE
SUPERIOR  COURT  HAVING  JURISDICTION AND ANY INTRASTATE TRANSFERS UNDER
THIS ARTICLE SHALL BE BETWEEN COURTS DESIGNATED AS A YOUTH PART PURSUANT
TO ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER.
  S 76. Section 510.15 of the criminal  procedure  law,  as  amended  by
chapter  411 of the laws of 1979, subdivision 1 as designated and subdi-
vision 2 as added by chapter 359 of the laws of 1980, is amended to read
as follows:
S 510.15 Commitment of principal under [sixteen] EIGHTEEN.
  1. When a principal who is under the age  of  [sixteen]  EIGHTEEN,  is
committed  to  the custody of the sheriff the court must direct that the
principal be taken to and lodged in  a  place  certified  by  the  state
[division  for  youth] OFFICE OF CHILDREN AND FAMILY SERVICES as a juve-
nile detention facility for the reception of children.    Where  such  a
direction  is made the sheriff shall deliver the principal in accordance
therewith and such person shall although lodged and cared for in a juve-
nile detention facility continue to be deemed to be in  the  custody  of
the  sheriff.  No principal under the age [of sixteen] SPECIFIED to whom
the provisions of this section may apply shall be detained in any  pris-
on, jail, lockup, or other place used for adults convicted of a crime or
under  arrest  and  charged  with  the commission of a crime without the
approval of the [state division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES in the case of each principal and the statement of its  reasons
therefor.    The  sheriff shall not be liable for any acts done to or by
such principal resulting from negligence in the detention  of  and  care
for  such  principal, when the principal is not in the actual custody of
the sheriff.
  2. Except upon consent of the defendant or for good  cause  shown,  in
any  case in which a new securing order is issued for a principal previ-
ously committed to the custody of the sheriff pursuant to this  section,
such  order  shall  further  direct the sheriff to deliver the principal
from a juvenile detention facility to the person or place  specified  in
the order.
  S  77.  Subdivision 1 of section 720.10 of the criminal procedure law,
as amended by chapter 411 of the laws of 1979, is  amended  to  read  as
follows:
  1.  "Youth"  means  a person charged with a crime alleged to have been
committed when he was at least sixteen years old and  less  than  [nine-
teen]  TWENTY-ONE  years  old  or a person charged with being a juvenile
offender as defined in subdivision forty-two of  section  1.20  of  this
chapter.
  S  78.  Subdivision 3 of section 720.15 of the criminal procedure law,
as amended by chapter 774 of the laws of 1985, is  amended  to  read  as
follows:

A. 9006--B                         135

  3.  The provisions of subdivisions one and two of this section requir-
ing or authorizing the accusatory instrument filed against a youth to be
sealed, and the arraignment and all proceedings  in  the  action  to  be
conducted in private shall not apply in connection with a pending charge
of committing any [felony] SEX offense as defined in the penal law. [The
provisions  of subdivision one requiring the accusatory instrument filed
against a youth to be sealed shall not apply where such youth has previ-
ously been adjudicated a youthful offender or convicted of a crime.]
  S 79. Subdivision 1 of section 720.20 of the criminal  procedure  law,
as  amended  by  chapter  652 of the laws of 1974, is amended to read as
follows:
  1. Upon conviction of an eligible youth, the court must order  a  pre-
sentence  investigation  of  the  defendant.  After receipt of a written
report of the investigation and at the time of pronouncing sentence  the
court  must  determine  whether  or not the eligible youth is a youthful
offender. Such determination shall be in accordance with  the  following
criteria:
  (a)  If  in  the opinion of the court the interest of justice would be
served by relieving the eligible youth  from  the  onus  of  a  criminal
record and by not imposing an indeterminate term of imprisonment of more
than  four  years,  the  court may, in its discretion, find the eligible
youth is a youthful offender; [and]
  (b) Where the conviction is had in a  local  criminal  court  and  the
eligible youth had not prior to commencement of trial or entry of a plea
of  guilty  been  convicted of a crime or found a youthful offender, the
court must find he is a youthful offender[.]; AND
  (C) THERE SHALL BE A PRESUMPTION TO GRANT YOUTHFUL OFFENDER STATUS  TO
AN  ELIGIBLE  YOUTH,  UNLESS  THE DISTRICT ATTORNEY UPON MOTION WITH NOT
LESS THAN SEVEN DAYS NOTICE TO SUCH PERSON OR HIS OR HER ATTORNEY DEMON-
STRATES TO THE SATISFACTION OF THE COURT THAT THE INTERESTS  OF  JUSTICE
REQUIRE OTHERWISE.
  S 79-a. Subdivision 1 of section 720.35 of the criminal procedure law,
as  amended  by  chapter  402 of the laws of 2014, is amended to read as
follows:
  1. [A youthful] YOUTHFUL offender adjudication is not  a  judgment  of
conviction  for  a crime or any other offense, and does not operate as a
disqualification of any person so adjudged  to  hold  public  office  or
public  employment or to receive any license granted by public authority
but shall be deemed a conviction only for the purposes  of  transfer  of
supervision  and  custody pursuant to section [two hundred fifty-nine-m]
TWO HUNDRED FIFTY-NINE-MM of the executive law. A defendant for  whom  a
youthful  offender  adjudication  was  substituted,  who  was originally
charged with prostitution as defined in section 230.00 of the penal  law
or  loitering for the purposes of prostitution as defined in subdivision
two of section 240.37 of the penal law provided that the person does not
stand charged with loitering for the purpose of  patronizing  a  prosti-
tute,  for  an offense allegedly committed when he or she was sixteen or
seventeen years of age, shall be deemed a "sexually exploited child"  as
defined  in subdivision one of section four hundred forty-seven-a of the
social services law and therefore shall not be considered an  adult  for
purposes related to the charges in the youthful offender proceeding or a
proceeding under section 170.80 of this chapter.
  S  80.  The  criminal procedure law is amended by adding a new article
722 to read as follows:

A. 9006--B                         136

                               ARTICLE 722
     PROCEEDINGS AGAINST JUVENILE OFFENDERS; ESTABLISHMENT OF YOUTH
                       PART AND RELATED PROCEDURES
SECTION 722.00 PROBATION CASE PLANNING AND SERVICES.
        722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
        722.20 PROCEEDINGS IN A YOUTH PART OF SUPERIOR COURT.
S 722.00 PROBATION CASE PLANNING AND SERVICES.
  1.  EVERY  PROBATION DEPARTMENT SHALL CONDUCT A RISK AND NEEDS ASSESS-
MENT OF ANY JUVENILE FOLLOWING ARRAIGNMENT BY A YOUTH  PART  WITHIN  ITS
JURISDICTION.  THE  COURT SHALL ORDER ANY SUCH JUVENILE TO REPORT WITHIN
SEVEN CALENDAR DAYS TO THE PROBATION DEPARTMENT FOR PURPOSES OF  ASSESS-
MENT.  SUCH  JUVENILE  SHALL  HAVE THE RIGHT TO HAVE AN ATTORNEY PRESENT
THROUGHOUT THE ASSESSMENT PROCESS. BASED UPON THE  ASSESSMENT  FINDINGS,
THE  PROBATION DEPARTMENT SHALL REFER THE JUVENILE TO AVAILABLE SPECIAL-
IZED AND EVIDENCE-BASED SERVICES TO MITIGATE ANY RISKS IDENTIFIED AND TO
ADDRESS INDIVIDUAL NEEDS.
  2. ANY JUVENILE AGREEING TO UNDERGO SERVICES SHALL EXECUTE APPROPRIATE
AND NECESSARY CONSENT  FORMS,  WHERE  APPLICABLE,  TO  ENSURE  THAT  THE
PROBATION  DEPARTMENT  MAY  COMMUNICATE  WITH  ANY  SERVICE PROVIDER AND
RECEIVE PROGRESS REPORTS WITH RESPECT TO SERVICES OFFERED AND/OR  DELIV-
ERED  INCLUDING,  BUT  NOT  LIMITED TO, DIAGNOSIS, TREATMENT, PROGNOSIS,
TEST RESULTS, JUVENILE ATTENDANCE  AND  INFORMATION  REGARDING  JUVENILE
COMPLIANCE OR NONCOMPLIANCE WITH PROGRAM SERVICE REQUIREMENTS, IF ANY.
  3.  NOTHING  SHALL PRECLUDE THE PROBATION DEPARTMENT AND JUVENILE FROM
ENTERING INTO A VOLUNTARY WRITTEN/FORMAL  CASE  PLAN  AS  TO  TERMS  AND
CONDITIONS  TO  BE  MET, INCLUDING, BUT NOT LIMITED TO, REPORTING TO THE
PROBATION DEPARTMENT AND OTHER PROBATION DEPARTMENT CONTACTS, UNDERGOING
ALCOHOL, SUBSTANCE ABUSE, OR MENTAL  HEALTH  TESTING,  PARTICIPATING  IN
SPECIFIC  SERVICES, ADHERING TO SERVICE PROGRAM REQUIREMENTS, AND SCHOOL
ATTENDANCE, WHERE APPLICABLE. SUCH JUVENILE  SHALL  HAVE  THE  RIGHT  TO
CONFER WITH COUNSEL PRIOR TO ENTERING INTO ANY SUCH CASE PLAN. FOLLOWING
THE  JUVENILE'S  SUCCESSFUL  COMPLETION  OF THE CONDITIONS OF HIS OR HER
CASE PLAN, THE COURT, WITH THE CONSENT  OF  THE  DISTRICT  ATTORNEY  MAY
DISMISS  THE  INDICTMENT OR ANY COUNT THEREOF IN ACCORDANCE WITH SECTION
210.40 OF THIS CHAPTER.
  4. WHEN PREPARING A PRE-SENTENCE  INVESTIGATION  REPORT  OF  ANY  SUCH
YOUTH,  THE  PROBATION  DEPARTMENT  SHALL  INCORPORATE  A SUMMARY OF THE
ASSESSMENT FINDINGS, ANY REFERRALS AND PROGRESS WITH RESPECT TO MITIGAT-
ING RISK AND ADDRESSING ANY IDENTIFIED JUVENILE NEEDS.
  5. THE PROBATION DEPARTMENT SHALL NOT TRANSMIT OR  OTHERWISE  COMMUNI-
CATE  TO  THE  DISTRICT ATTORNEY OR THE YOUTH PART ANY STATEMENT MADE BY
THE JUVENILE OFFENDER TO A PROBATION OFFICER. THE  PROBATION  DEPARTMENT
MAY  MAKE  A  RECOMMENDATION REGARDING THE COMPLETION OF HIS OR HER CASE
PLAN TO THE YOUTH PART AND PROVIDE RELEVANT INFORMATION.
  6. NO STATEMENT MADE TO AN EMPLOYEE OR REPRESENTATIVE OF THE PROBATION
DEPARTMENT MAY BE ADMITTED IN EVIDENCE PRIOR TO CONVICTION ON ANY CHARGE
OR CHARGES RELATED THERETO OR, IN THE CASE OF A MATTER PROCEEDING BEFORE
THE COURT UNDER THE FAMILY COURT ACT, PRIOR TO AN ADJUDICATION.
S 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
  1. THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO  ESTAB-
LISH,  IN  A  SUPERIOR  COURT IN EACH COUNTY OF THE STATE THAT EXERCISES
CRIMINAL JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH PART  OF
THE  SUPERIOR COURT FOR THE COUNTY IN WHICH SUCH COURT PRESIDES.  JUDGES
PRESIDING IN THE YOUTH PART SHALL RECEIVE TRAINING IN SPECIALIZED AREAS,
INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT  DEVELOPMENT
AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMISSION BY ADOLES-

A. 9006--B                         137

CENTS.   THE  YOUTH  PART  SHALL  HAVE  EXCLUSIVE  JURISDICTION  OF  ALL
PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS,  EXCEPT  AS  PROVIDED  IN
SECTION 180.75 OF THIS CHAPTER.
  2. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ALSO DIRECT THE PRESID-
ING  JUSTICE  OF  THE APPELLATE DIVISION, IN EACH JUDICIAL DEPARTMENT OF
THE STATE, TO DESIGNATE MAGISTRATES TO SERVE AS ACCESSIBLE  MAGISTRATES,
FOR  THE  PURPOSE  OF  ACTING  AS  A  YOUTH  PART  FOR  CERTAIN  INITIAL
PROCEEDINGS INVOLVING YOUTHS, AS PROVIDED BY LAW. MAGISTRATES SO  DESIG-
NATED SHALL BE SUPERIOR COURT JUDGES AND JUDGES OF OTHER COURTS, IN EACH
COUNTY  OF  THE  STATE,  THAT  EXERCISE  CRIMINAL  JURISDICTION. A JUDGE
PRESIDING AS SUCH A MAGISTRATE SHALL  RECEIVE  TRAINING  IN  SPECIALIZED
AREAS,  INCLUDING,  BUT  NOT  LIMITED  TO,  JUVENILE JUSTICE, ADOLESCENT
DEVELOPMENT AND EFFECTIVE TREATMENT METHODS FOR REDUCING  CRIME  COMMIS-
SION BY ADOLESCENTS.
S 722.20 PROCEEDINGS IN A YOUTH PART OF SUPERIOR COURT.
  1. WHEN A JUVENILE OFFENDER IS ARRAIGNED BEFORE A YOUTH PART OR TRANS-
FERRED  TO  A YOUTH PART PURSUANT TO SECTION 180.75 OF THIS CHAPTER, THE
PROVISIONS OF THIS ARTICLE SHALL APPLY.
  2. IF AN ACTION IS NOT REMOVED TO THE FAMILY  COURT  PURSUANT  TO  THE
APPLICABLE  PROVISIONS  OF  THIS  CHAPTER, THE YOUTH PART SHALL HEAR THE
CASE SITTING AS A CRIMINAL COURT OR, IN ITS DISCRETION, WHEN THE DEFEND-
ANT IS SIXTEEN OR SEVENTEEN YEARS OF AGE THE YOUTH PART MAY RETAIN IT AS
A JUVENILE DELINQUENCY PROCEEDING FOR ALL PURPOSES, AND SHALL MAKE  SUCH
PROCEEDING  FULLY  SUBJECT TO THE PROVISIONS AND GRANT ANY RELIEF AVAIL-
ABLE UNDER ARTICLE THREE OF THE FAMILY COURT ACT.
  S 81. The opening paragraph of section 725.05 of the  criminal  proce-
dure  law,  as  added  by chapter 481 of the laws of 1978, is amended to
read as follows:
  When a [court] YOUTH PART directs that an action or charge  is  to  be
removed  to  the family court the [court] YOUTH PART must issue an order
of removal in accordance with this section.    Such  order  must  be  as
follows:
  S  82. Section 725.20 of the criminal procedure law, as added by chap-
ter 481 of the laws of 1978, subdivisions 1 and 2 as amended by  chapter
411 of the laws of 1979, is amended to read as follows:
S 725.20 Record of certain actions removed.
  1.    The  provisions of this section shall apply in any case where an
order of removal to the family court is entered pursuant to a  direction
authorized  by subdivision four of section 180.75, or section 210.43, or
subparagraph (iii) of paragraph [(h)] (G) of subdivision five of section
220.10 of this chapter, or section 330.25 of this chapter.
  2.  When such an action is removed the court that directed the removal
must cause the following additional records to be filed with  the  clerk
of  the  county  court  or in the city of New York with the clerk of the
supreme court of the county wherein the action was pending and with  the
division of criminal justice services:
  (a) A certified copy of the order of removal;
  (b)  Where  the  direction  is  one  authorized by subdivision four of
section 180.75 of this chapter, a copy of [the]  ANY  statement  of  the
district  attorney  made pursuant to paragraph (b) of subdivision six of
section 180.75 of this chapter;
  (c)  Where the direction is authorized by section 180.75,  a  copy  of
the  portion of the minutes containing the statement by the court pursu-
ant to paragraph (a) of subdivision six of such section 180.75;
  (d) Where the direction is one authorized  by  subparagraph  (iii)  of
paragraph  [(h)]  (G)  of  subdivision five of section 220.10 or section

A. 9006--B                         138

330.25 of this chapter, a copy of the minutes of  the  plea  of  guilty,
including the minutes of the memorandum submitted by the district attor-
ney and the court;
  (e)    Where  the  direction  is  one authorized by subdivision one of
section 210.43 of this chapter, a copy of that portion  of  the  minutes
containing [the] ANY statement by the court pursuant to paragraph (a) of
subdivision five of section 210.43 OF THIS CHAPTER;
  (f)   Where the direction is one authorized by paragraph (b) of subdi-
vision one of section 210.43 of this chapter, a copy of that portion  of
the minutes containing [the] ANY statement of the district attorney made
pursuant  to paragraph (b) of subdivision five of section 210.43 OF THIS
CHAPTER; and
  (g) In addition to the records specified  in  this  subdivision,  such
further  statement or submission of additional information pertaining to
the proceeding in criminal court in  accordance  with  standards  estab-
lished by the commissioner of the division of criminal justice services,
subject to the provisions of subdivision three of this section.
  3.  It shall be the duty of said clerk to maintain a separate file for
copies  of  orders  and  minutes filed pursuant to this section.    Upon
receipt of such orders and minutes the clerk must promptly  delete  such
portions  as would identify the defendant, but the clerk shall neverthe-
less maintain a separate confidential system to  enable  correlation  of
the  documents  so  filed  with identification of the defendant.   After
making such deletions the orders and minutes shall be placed within  the
file  and  must be available for public inspection.  Information permit-
ting correlation of any such record with the identity of  any  defendant
shall  not  be  divulged to any person except upon order of a justice of
the supreme court based upon a finding that the public interest  or  the
interests  of  justice  warrant  disclosure  in a particular cause for a
particular case or for a particular purpose or use.
  S 83. Subdivision 1 of section 500-a of the correction law is  amended
by adding a new paragraph (h) to read as follows:
  (H)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, NO COUNTY JAIL SHALL
BE USED FOR THE CONFINEMENT OF ANY PERSON UNDER  THE  AGE  OF  EIGHTEEN.
PLACEMENT  OF ANY PERSON WHO MAY NOT BE CONFINED TO A COUNTY JAIL PURSU-
ANT TO THIS SUBDIVISION SHALL BE DETERMINED BY THE  OFFICE  OF  CHILDREN
AND FAMILY SERVICES.
  S  84.  Subdivision  4  of  section  500-b  of  the  correction law is
REPEALED.
  S 85. Subparagraph 3 of paragraph (c)  of  subdivision  8  of  section
500-b of the correction law is REPEALED.
  S  86.  Subdivision  13  of  section  500-b  of  the correction law is
REPEALED.
  S 87. Intentionally omitted.
  S 87-a. Intentionally omitted.
  S 88. Subparagraph 1 of paragraph d of subdivision 3 of  section  3214
of  the education law, as amended by chapter 425 of the laws of 2002, is
amended to read as follows:
  (1) Consistent with the  federal  gun-free  schools  act,  any  public
school  pupil who is determined under this subdivision to have brought a
firearm to or possessed a firearm at a public school shall be  suspended
for a period of not less than one calendar year and any nonpublic school
pupil  participating  in  a program operated by a public school district
using funds from the elementary and secondary education act of  nineteen
hundred  sixty-five  who  is  determined  under this subdivision to have
brought a firearm to or possessed a firearm at a public school or  other

A. 9006--B                         139

premises  used  by the school district to provide such programs shall be
suspended for a period of not less than one calendar year  from  partic-
ipation  in such program. The procedures of this subdivision shall apply
to  such  a  suspension of a nonpublic school pupil. A superintendent of
schools, district superintendent of schools or community  superintendent
shall  have the authority to modify this suspension requirement for each
student on a case-by-case basis. The determination of  a  superintendent
shall  be  subject to review by the board of education pursuant to para-
graph c of this subdivision and the  commissioner  pursuant  to  section
three  hundred ten of this chapter. Nothing in this subdivision shall be
deemed to authorize the suspension of a student  with  a  disability  in
violation  of the individuals with disabilities education act or article
eighty-nine of this chapter. A  superintendent  shall  refer  the  pupil
under  the  age  of  [sixteen]  EIGHTEEN who has been determined to have
brought a weapon or firearm to school in violation of  this  subdivision
to a presentment agency for a juvenile delinquency proceeding consistent
with article three of the family court act except a student [fourteen or
fifteen  years  of age] who qualifies for juvenile offender status under
subdivision forty-two of section 1.20 of the criminal procedure  law.  A
superintendent  shall refer any pupil [sixteen] EIGHTEEN years of age or
older or a student [fourteen or fifteen years of age] who qualifies  for
juvenile  offender status under subdivision forty-two of section 1.20 of
the criminal procedure law, who has been determined to  have  brought  a
weapon  or  firearm  to  school  in violation of this subdivision to the
appropriate law enforcement officials.
  S 89. Intentionally omitted.
  S 90. Paragraph b of subdivision 4 of section 3214  of  the  education
law,  as  amended by chapter 181 of the laws of 2000, is amended to read
as follows:
  b. The school authorities may institute  proceedings  before  a  court
having  jurisdiction  to determine the liability of a person in parental
relation to contribute towards the maintenance of  a  school  delinquent
under  [sixteen]  SEVENTEEN years of age ordered to attend upon instruc-
tion under confinement. If the court shall find the person  in  parental
relation  able to contribute towards the maintenance of such a minor, it
may issue an order fixing the amount to be paid weekly.
  S 91. Subdivisions 3 and 4 of section 246 of  the  executive  law,  as
amended  by  section 10 of part D of chapter 56 of the laws of 2010, are
amended to read as follows:
  3. Applications from counties or the city of New York  for  state  aid
under this section shall be made by filing with the division of criminal
justice  services,  a  detailed  plan, including cost estimates covering
probation services for the fiscal year or portion thereof for which  aid
is  requested.  Included  in  such estimates shall be clerical costs and
maintenance and operation costs as well as salaries of probation person-
nel, FAMILY ENGAGEMENT SPECIALISTS and such other pertinent  information
as  the  commissioner  of  the division of criminal justice services may
require. Items for which state aid is requested under this section shall
be duly designated in the estimates submitted. The commissioner  of  the
division of criminal justice services, after consultation with the state
probation  commission  and  the  director of the office of probation and
correctional alternatives, shall approve such plan  if  it  conforms  to
standards relating to the administration of probation services as speci-
fied in the rules adopted by him or her.
  4.  A.  An approved plan and compliance with standards relating to the
administration of probation services promulgated by the commissioner  of

A. 9006--B                         140

the  division  of  criminal  justice services shall be a prerequisite to
eligibility for state aid.
  The commissioner of the division of criminal justice services may take
into  consideration  granting additional state aid from an appropriation
made for state aid for county probation services  for  counties  or  the
city of New York when a county or the city of New York demonstrates that
additional  probation  services  were dedicated to intensive supervision
programs[,] AND  intensive  programs  for  sex  offenders  [or  programs
defined  as juvenile risk intervention services]. THE COMMISSIONER SHALL
GRANT ADDITIONAL STATE AID FROM AN APPROPRIATION DEDICATED  TO  JUVENILE
RISK  INTERVENTION  SERVICES COORDINATION BY PROBATION DEPARTMENTS WHICH
SHALL INCLUDE, BUT NOT BE LIMITED TO, PROBATION SERVICES PERFORMED UNDER
ARTICLE  THREE  OF  THE  FAMILY  COURT  ACT  OR  ARTICLE  SEVEN  HUNDRED
TWENTY-TWO  OF  THE  CRIMINAL  PROCEDURE LAW. The administration of such
additional grants shall be  made  according  to  rules  and  regulations
promulgated  by  the  commissioner  of  the division of criminal justice
services. Each county and the city of New York shall certify  the  total
amount  collected  pursuant to section two hundred fifty-seven-c of this
chapter. The commissioner of the division of criminal  justice  services
shall  thereupon certify to the comptroller for payment by the state out
of funds appropriated for that purpose, the amount to which  the  county
or  the  city  of  New  York  shall  be entitled under this section. THE
COMMISSIONER SHALL, SUBJECT TO AN APPROPRIATION MADE AVAILABLE FOR  SUCH
PURPOSE,  ESTABLISH  AND  PROVIDE FUNDING TO PROBATION DEPARTMENTS FOR A
CONTINUUM OF EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH  ALLEGED  OR
ADJUDICATED JUVENILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY
COURT ACT OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART
IN  ACCORDANCE  WITH  ARTICLE  SEVEN  HUNDRED TWENTY-TWO OF THE CRIMINAL
PROCEDURE LAW.
  B. ADDITIONAL STATE AID SHALL BE MADE IN AN AMOUNT  NECESSARY  TO  PAY
ONE HUNDRED PERCENT OF THE EXPENDITURES FOR EVIDENCE-BASED PRACTICES AND
JUVENILE RISK AND EVIDENCE-BASED INTERVENTION SERVICES PROVIDED TO YOUTH
AGED  SIXTEEN  YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD NOT OTHER-
WISE HAVE BEEN PROVIDED ABSENT THE PROVISIONS OF A CHAPTER OF  THE  LAWS
OF TWO THOUSAND FIFTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION.
  S  91-a. The executive law is amended by adding a new section 259-p to
read as follows:
  S 259-P. INTERSTATE DETENTION. 1. NOTWITHSTANDING ANY OTHER  PROVISION
OF LAW, A DEFENDANT SUBJECT TO SECTION TWO HUNDRED FIFTY-NINE-MM OF THIS
ARTICLE,  MAY  BE  DETAINED  AS AUTHORIZED BY THE INTERSTATE COMPACT FOR
ADULT OFFENDER SUPERVISION.
  2. A DEFENDANT SHALL BE DETAINED AT  A  LOCAL  CORRECTIONAL  FACILITY,
EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
  3. A DEFENDANT SEVENTEEN YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS
A  CRIMINAL ACT OR VIOLATION OF HIS OR HER SUPERVISION SHALL BE DETAINED
IN A JUVENILE DETENTION FACILITY.
  S 91-b. Subdivision 16 of section 296 of the executive law,  as  sepa-
rately  amended  by  section  3  of part N and section 14 of part AAA of
chapter 56 of the laws of 2009, is amended to read as follows:
  16. It shall be an unlawful discriminatory  practice,  unless  specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
involved, any arrest or criminal accusation of such individual not  then
pending  against  that individual which was followed by a termination of

A. 9006--B                         141

that criminal action or proceeding  in  favor  of  such  individual,  as
defined  in  subdivision two of section 160.50 of the criminal procedure
law, or by a youthful offender adjudication, as defined  in  subdivision
one  of section 720.35 of the criminal procedure law, or by a conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law or by a conviction which is sealed pursuant to  section  160.56
OR  160.58 of the criminal procedure law, in connection with the licens-
ing, employment or providing of credit or insurance to such  individual;
provided,  further, that no person shall be required to divulge informa-
tion pertaining to any arrest or criminal accusation of such  individual
not  then pending against that individual which was followed by a termi-
nation of that criminal action or proceeding in favor of  such  individ-
ual,  as  defined  in  subdivision two of section 160.50 of the criminal
procedure law, or by a youthful offender  adjudication,  as  defined  in
subdivision one of section 720.35 of the criminal procedure law, or by a
conviction  for  a  violation  sealed  pursuant to section 160.55 of the
criminal procedure law, or by a conviction which is sealed  pursuant  to
section  160.56  OR 160.58 of the criminal procedure law. The provisions
of this subdivision shall not  apply  to  the  licensing  activities  of
governmental  bodies in relation to the regulation of guns, firearms and
other deadly weapons or in relation to an application for employment  as
a police officer or peace officer as those terms are defined in subdivi-
sions  thirty-three  and  thirty-four  of  section  1.20 of the criminal
procedure law; provided further that the provisions of this  subdivision
shall  not  apply  to an application for employment or membership in any
law enforcement agency with respect to any arrest or criminal accusation
which was followed by a youthful offender adjudication,  as  defined  in
subdivision one of section 720.35 of the criminal procedure law, or by a
conviction  for  a  violation  sealed  pursuant to section 160.55 of the
criminal procedure law, or by a conviction which is sealed  pursuant  to
section 160.56 OR 160.58 of the criminal procedure law.
  S 92. Section 502 of the executive law, as added by chapter 465 of the
laws of 1992, subdivision 3 as amended by section 1 of subpart B of part
Q of chapter 58 of the laws of 2011, is amended to read as follows:
  S 502. Definitions. Unless otherwise specified in this article:
  1.  "Director"  means the [director of the division for youth] COMMIS-
SIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  2. ["Division] "DIVISION", "OFFICE" OR "DIVISION FOR YOUTH" means  the
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
  3.  "Detention" means the temporary care and maintenance of youth held
away from their homes pursuant to article three or seven of  the  family
court act, or held pending a hearing for alleged violation of the condi-
tions of release from an office of children and family services facility
or authorized agency, or held pending a hearing for alleged violation of
the  condition  of parole as a juvenile offender, or held pending return
to a jurisdiction other than the one in which the youth is held, or held
pursuant to a securing order of a criminal  court  if  the  youth  named
therein as principal is charged as a juvenile offender or held pending a
hearing  on  an  extension  of  placement  or held pending transfer to a
facility upon commitment or  placement  by  a  court.  Only  alleged  or
convicted  juvenile  offenders  who have not attained their [eighteenth]
TWENTY-FIRST birthday shall be  subject  to  detention  in  a  detention
facility.
  4. For purposes of this article, the term "youth" shall [be synonymous
with the term "child" and means] MEAN a person not less than [seven] TEN
years of age and not more than [twenty] TWENTY-THREE years of age.

A. 9006--B                         142

  5.  "Placement"  means  the  transfer of a youth to the custody of the
[division] OFFICE pursuant to the family court act.
  6.  "Commitment"  means  the transfer of a youth to the custody of the
[division] OFFICE pursuant to the penal law.
  7. "Conditional release" means the transfer of a youth  from  facility
status  to  aftercare  supervision  under  the  continued custody of the
[division] OFFICE.
  8. "Discharge" means the termination of [division] OFFICE custody of a
youth.
  9. "Aftercare" means supervision of a  youth  on  conditional  release
status under the continued custody of the division.
  S 93. Subdivision 7 of section 503 of the executive law, as amended by
section  2  of subpart B of part Q of chapter 58 of the laws of 2011, is
amended to read as follows:
  7. The person in charge of each detention facility shall keep a record
of all time spent in such facility for each youth in care. The detention
facility shall deliver a certified transcript  of  such  record  to  the
office,  social services district, or other agency taking custody of the
youth pursuant to article three [or seven]  of  the  family  court  act,
before,  or  at  the  same time as the youth is delivered to the office,
district or other agency, as is appropriate.
  S 94. Intentionally omitted.
  S 95. Section 507-a of the executive law, as amended by chapter 465 of
the laws of 1992, paragraph (a) of subdivision 1 as amended  by  chapter
309 of the laws of 1996, is amended to read as follows:
  S 507-a. Placement  and commitment; procedures. 1. Youth may be placed
in or committed to the custody of the [division] OFFICE OF CHILDREN  AND
FAMILY SERVICES:
  (a)  for  placement,  as  a juvenile delinquent pursuant to the family
court act; or
  (b) for commitment pursuant to the penal law.
  2. (a) Consistent with other provisions of law, only those  youth  who
have reached the age of [seven] TEN, but who have not reached the age of
twenty-one  may  be  placed  in[,  committed to or remain in] the [divi-
sion's] custody OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. EXCEPT AS
PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION, NO  YOUTH  WHO  HAS
REACHED  THE  AGE  OF  TWENTY-ONE MAY REMAIN IN CUSTODY OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES.
  (A-1) (I) A YOUTH WHO IS COMMITTED TO THE OFFICE OF CHILDREN AND FAMI-
LY SERVICES AS A JUVENILE OFFENDER OR YOUTHFUL OFFENDER  MAY  REMAIN  IN
THE  CUSTODY  OF  THE  OFFICE  DURING  THE PERIOD OF HIS OR HER SENTENCE
BEYOND THE AGE OF TWENTY-ONE IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
VISION FIVE OF SECTION FIVE HUNDRED EIGHT OF  THIS  ARTICLE  BUT  IN  NO
EVENT MAY SUCH A YOUTH REMAIN IN THE CUSTODY OF THE OFFICE BEYOND HIS OR
HER  TWENTY-THIRD  BIRTHDAY;  AND (II) A YOUTH FOUND TO HAVE COMMITTED A
DESIGNATED CLASS A FELONY ACT  WHO  IS  RESTRICTIVELY  PLACED  WITH  THE
OFFICE  UNDER  SUBDIVISION FOUR OF SECTION 353.5 OF THE FAMILY COURT ACT
FOR COMMITTING AN ACT ON OR AFTER THE  YOUTH'S  SIXTEENTH  BIRTHDAY  MAY
REMAIN  IN  THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES UP
TO THE AGE OF TWENTY-THREE IN  ACCORDANCE  WITH  HIS  OR  HER  PLACEMENT
ORDER.
  (A-2)  Whenever  it shall appear to the satisfaction of the [division]
OFFICE OF CHILDREN AND FAMILY SERVICES that any youth  placed  therewith
is  not  of  proper age to be so placed or is not properly placed, or is
mentally or physically incapable of being materially  benefited  by  the

A. 9006--B                         143

program  of the [division] OFFICE, the [division] OFFICE shall cause the
return of such youth to the county from which placement was made.
  (b)  The  [division] OFFICE shall deliver such youth to the custody of
the placing court, along with the records  provided  to  the  [division]
OFFICE  pursuant  to section five hundred seven-b of this article, there
to be dealt with by the court in all respects as though no placement had
been made.
  (c) The cost and expense of the care and return of such youth incurred
by the [division] OFFICE shall be reimbursed to the state by the  social
services  district  from  which  such  youth  was  placed  in the manner
provided by section five hundred twenty-nine of this article.
  3. The [division] OFFICE may photograph  any  youth  in  its  custody.
Such  photograph  may  be  used only for the purpose of assisting in the
return of conditionally  released  children  and  runaways  pursuant  to
section  five  hundred  ten-b  of this article. Such photograph shall be
destroyed immediately upon the discharge of the  youth  from  [division]
OFFICE custody.
  4.  (a) A youth placed with or committed to the [division] OFFICE may,
immediately following placement or commitment, be remanded to an  appro-
priate detention facility.
  (b) The [division] OFFICE shall admit a [child] YOUTH placed [with the
division]  UNDER  ITS CARE to a facility of the [division] OFFICE within
fifteen days of the date of the order of placement with  the  [division]
OFFICE  and  shall admit a juvenile offender committed to the [division]
OFFICE to a facility of the [division] OFFICE within  ten  days  of  the
date  of  the  order  of  commitment to the [division] OFFICE, except as
provided in section five hundred seven-b of this article.
  5. Consistent with other provisions of law, in the discretion  of  the
[director,  youth]  COMMISSIONER  OF  THE  OFFICE OF CHILDREN AND FAMILY
SERVICES, YOUTH PLACED WITHIN THE OFFICE UNDER THE FAMILY COURT ACT  who
attain the age of eighteen while in [division] custody OF THE OFFICE AND
WHO  ARE  NOT  REQUIRED  TO REMAIN IN THE PLACEMENT WITH THE OFFICE AS A
RESULT OF A DISPOSITIONAL ORDER OF THE FAMILY  COURT  may  reside  in  a
non-secure  facility  until  the  age  of twenty-one, provided that such
youth attend a full-time vocational or educational program and are like-
ly to benefit from such program.
  S 96. Section 508 of the executive law, as added by chapter 481 of the
laws of 1978 and as renumbered by chapter  465  of  the  laws  of  1992,
subdivision 1 as amended by chapter 738 of the laws of 2004, subdivision
2  as  amended  by chapter 572 of the laws of 1985, subdivisions 4, 5, 6
and 7 as amended by section 97 of subpart B of part C of chapter  62  of
the  laws  of 2011, subdivision 8 as added by chapter 560 of the laws of
1984 and subdivision 9 as added by chapter 7 of the  laws  of  2007,  is
amended to read as follows:
  S 508. Juvenile  offender  facilities.  1.  The office of children and
family services shall maintain [secure]  facilities  for  the  care  and
confinement  of  juvenile  offenders  committed  [for  an indeterminate,
determinate or definite sentence] TO THE OFFICE pursuant to the sentenc-
ing provisions of the penal law. Such facilities shall provide appropri-
ate services to juvenile offenders including but not limited to residen-
tial care, educational and  vocational  training,  physical  and  mental
health services, and employment counseling.
  1-A. ANY NEW FACILITIES DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES  TO  SERVE  THE  ADDITIONAL  YOUTH  PLACED WITH THE OFFICE AS A
RESULT OF RAISING THE AGE OF JUVENILE JURISDICTION SHALL, TO THE  EXTENT
PRACTICABLE,  CONSIST OF SMALLER, MORE HOME-LIKE FACILITIES LOCATED NEAR

A. 9006--B                         144

THE YOUTHS' HOMES AND FAMILIES THAT PROVIDE  GENDER-RESPONSIVE  PROGRAM-
MING,  SERVICES  AND  TREATMENT IN SMALL, CLOSELY SUPERVISED GROUPS THAT
OFFER EXTENSIVE AND ON-GOING INDIVIDUAL ATTENTION AND ENCOURAGE SUPPORT-
IVE PEER RELATIONSHIPS.
  2.  Juvenile  offenders  COMMITTED TO THE OFFICE FOR COMMITTING CRIMES
PRIOR TO THE AGE OF SIXTEEN shall be confined in such facilities  [until
the age of twenty-one] IN ACCORDANCE WITH THEIR SENTENCES, and shall not
be  released, discharged or permitted home visits except pursuant to the
provisions of this section.
  [(a) The director of the division for youth may authorize the transfer
of a juvenile offender  in  his  custody,  who  has  been  convicted  of
burglary  or  robbery,  to  a  school or center established and operated
pursuant to title three of this article at any time after  the  juvenile
offender  has  been confined in a division for youth secure facility for
one year or one-half of his minimum sentence, whichever is greater.
  (b) The director of the division for youth may authorize the  transfer
of  a  juvenile  offender  in  his  custody,  who  has been convicted of
burglary or robbery, and who is within ninety days of release as  estab-
lished  by the board of parole, to any facility established and operated
pursuant to this article.
  (c) A juvenile offender may be transferred as provided  in  paragraphs
(a)  and (b) herein, only after the director determines that there is no
danger to public safety and that the offender shall substantially  bene-
fit  from  the  programs  and  services of another division facility. In
determining whether there is a danger  to  public  safety  the  director
shall  consider: (i) the nature and circumstances of the offense includ-
ing whether any physical injury involved was inflicted by  the  offender
or  another participant; (ii) the record and background of the offender;
and (iii) the adjustment of the offender at division facilities.
  (d) For a period of six months after  a  juvenile  offender  has  been
transferred pursuant to paragraph (a) or (b) herein, the juvenile offen-
der  may  have only accompanied home visits. After completing six months
of confinement following transfer from a  secure  facility,  a  juvenile
offender may not have an unaccompanied home visit unless two accompanied
home  visits  have  already  occurred. An "accompanied home visit" shall
mean a home visit during which the juvenile offender shall  be  accompa-
nied at all times while outside the facility by appropriate personnel of
the  division for youth designated pursuant to regulations of the direc-
tor of the division.
  (e) The director of the division for youth shall promulgate rules  and
regulations  including  uniform  standards  and procedures governing the
transfer of juvenile offenders from secure facilities to  other  facili-
ties  and  the  return of such offenders to secure facilities. The rules
and regulations shall provide a procedure for the referral  of  proposed
transfer  cases  by  the  secure  facility director, and shall require a
determination by the facility  director  that  transfer  of  a  juvenile
offender  to  another  facility is in the best interests of the division
for youth and the juvenile offender and  that  there  is  no  danger  to
public safety.
  The  rules and regulations shall further provide for the establishment
of a division central office transfer committee to review transfer cases
referred by the secure facility directors. The committee shall recommend
approval of a transfer request to the director of the division only upon
a clear showing by the secure facility director that the transfer is  in
the  best  interests of the division for youth and the juvenile offender
and that there is no danger to public safety. In the case of the  denial

A. 9006--B                         145

of the transfer request by the transfer committee, the juvenile offender
shall  remain  at  a secure facility. Notwithstanding the recommendation
for approval of transfer by the transfer committee, the director of  the
division  may  deny  the  request  for  transfer if there is a danger to
public safety or if the transfer is not in the  best  interests  of  the
division for youth or the juvenile offender.
  The  rules  and  regulations shall further provide a procedure for the
immediate return to a secure facility, without a hearing, of a  juvenile
offender  transferred  to  another facility upon a determination by that
facility director that there is a danger to public safety.]
  3. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall  report
in  writing to the sentencing court and district attorney, not less than
once every six months during the period of confinement, on  the  status,
adjustment, programs and progress of the offender.
  4.  [The  office  of  children  and  family  services may apply to the
sentencing court for permission  to  transfer  a  youth  not  less  than
sixteen  nor  more  than  eighteen  years  of  age  to the department of
corrections and community supervision. Such application  shall  be  made
upon  notice  to  the  youth, who shall be entitled to be heard upon the
application and to be represented by counsel. The court shall grant  the
application  if  it is satisfied that there is no substantial likelihood
that the youth will benefit from the  programs  offered  by  the  office
facilities.
  5.]  The office of children and family services may transfer an offen-
der not less than eighteen [nor more than twenty-one] years  of  age  to
the  department  of corrections and community supervision if the commis-
sioner of the office certifies to the commissioner  of  corrections  and
community  supervision  that there is no substantial likelihood that the
youth will benefit from the programs offered by office facilities.
  [6. At age twenty-one, all] 5. (A) ALL juvenile offenders COMMITTED TO
THE OFFICE FOR COMMITTING A CRIME PRIOR TO THE YOUTH'S SIXTEENTH  BIRTH-
DAY WHO STILL HAVE TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT shall be
transferred  AT  AGE  TWENTY-THREE  to  the custody of the department of
corrections and community supervision for confinement  pursuant  to  the
correction law.
  [7.]  (B) ALL OFFENDERS COMMITTED TO THE OFFICE FOR COMMITTING A CRIME
ON OR AFTER THEIR SIXTEENTH BIRTHDAY WHO STILL HAVE TIME LEFT  ON  THEIR
SENTENCES  OF  IMPRISONMENT  SHALL  BE TRANSFERRED TO THE CUSTODY OF THE
DEPARTMENT OF CORRECTIONS  AND  COMMUNITY  SUPERVISION  FOR  CONFINEMENT
PURSUANT  TO  THE  CORRECTION  LAW AFTER COMPLETING TWO YEARS OF CARE IN
OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES UNLESS THEY ARE WITHIN
FOUR MONTHS OF COMPLETING THE IMPRISONMENT PORTION OF THEIR SENTENCE AND
THE OFFICE DETERMINES, IN ITS DISCRETION, ON A CASE-BY-CASE  BASIS  THAT
THE  YOUTH  SHOULD  BE PERMITTED TO REMAIN WITH THE OFFICE FOR THE ADDI-
TIONAL SHORT PERIOD OF TIME NECESSARY TO ENABLE THEM TO  COMPLETE  THEIR
SENTENCE.  IN  MAKING  SUCH  A DETERMINATION, THE FACTORS THE OFFICE MAY
CONSIDER INCLUDE, BUT ARE NOT LIMITED TO, THE  AGE  OF  THE  YOUTH,  THE
AMOUNT  OF  TIME  REMAINING ON THE YOUTH'S SENTENCE OF IMPRISONMENT, THE
LEVEL OF THE YOUTH'S PARTICIPATION IN THE PROGRAM,  THE  YOUTH'S  EDUCA-
TIONAL AND VOCATIONAL PROGRESS, THE OPPORTUNITIES AVAILABLE TO THE YOUTH
THROUGH THE OFFICE AND THROUGH THE DEPARTMENT. NOTHING IN THIS PARAGRAPH
SHALL  AUTHORIZE  A  YOUTH TO REMAIN IN AN OFFICE FACILITY BEYOND HIS OR
HER TWENTY-THIRD BIRTHDAY.
  (C) ALL JUVENILE OFFENDERS WHO ARE ELIGIBLE TO  BE  RELEASED  FROM  AN
OFFICE OF CHILDREN AND FAMILY SERVICES FACILITY BEFORE THEY ARE REQUIRED
TO  BE TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-

A. 9006--B                         146

VISION AND WHO ARE ABLE TO COMPLETE THE  FULL-TERM  OF  THEIR  COMMUNITY
SUPERVISION  SENTENCES  BEFORE THEY TURN TWENTY-THREE YEARS OF AGE SHALL
REMAIN WITH THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  FOR  COMMUNITY
SUPERVISION.
  (D)  ALL  JUVENILE  OFFENDERS  RELEASED FROM AN OFFICE OF CHILDREN AND
FAMILY SERVICES FACILITY BEFORE THEY ARE TRANSFERRED TO  THE  DEPARTMENT
OF  CORRECTIONS AND COMMUNITY SUPERVISION WHO ARE UNABLE TO COMPLETE THE
FULL-TERM OF THEIR COMMUNITY SUPERVISION BEFORE THEY  TURN  TWENTY-THREE
YEARS  OF  AGE  SHALL  BE  UNDER  THE  SUPERVISION  OF THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION UNTIL EXPIRATION  OF  THE  MAXIMUM
TERM.
  6. While in the custody of the office of children and family services,
an offender shall be subject to the rules and regulations of the office,
except  that his OR HER parole, temporary release and discharge shall be
governed by the laws applicable to inmates of state correctional facili-
ties and his OR HER transfer to state hospitals in the office of  mental
health  shall  be governed by section five hundred nine of this chapter.
The commissioner of the office of children and  family  services  shall,
however,  establish  and operate temporary release programs at office of
children and family services facilities for eligible juvenile  offenders
and  [contract  with  the department of corrections and community super-
vision for the provision of parole] PROVIDE supervision  [services]  for
temporary releasees.  The rules and regulations for these programs shall
not  be  inconsistent  with the laws for temporary release applicable to
inmates of state correctional facilities. For the purposes of  temporary
release  programs  for  juvenile  offenders  only,  when  referred to or
defined in article twenty-six of the correction law, "institution" shall
mean any facility designated by the commissioner of the office of  chil-
dren and family services, "department" shall mean the office of children
and family services, "inmate" shall mean a juvenile offender residing in
an  office  of children and family services facility, and "commissioner"
shall mean the [director] COMMISSIONER of the  office  of  children  and
family  services.  Time  spent in office of children and family services
facilities and  in  juvenile  detention  facilities  shall  be  credited
towards  the  sentence imposed in the same manner and to the same extent
applicable to inmates of state correctional facilities.
  [8] 7.  Whenever a juvenile offender or a  juvenile  offender  adjudi-
cated a youthful offender shall be delivered to the director of [a divi-
sion  for  youth]  AN  OFFICE  OF  CHILDREN AND FAMILY SERVICES facility
pursuant to a commitment to the [director of  the  division  for  youth]
OFFICE  OF  CHILDREN AND FAMILY SERVICES, the officer so delivering such
person shall deliver to such facility director a certified copy  of  the
sentence  received  by such officer from the clerk of the court by which
such person shall have been sentenced, a  copy  of  the  report  of  the
probation  officer's  investigation  and  report, any other pre-sentence
memoranda filed with the court,  a  copy  of  the  person's  fingerprint
records,  a  detailed  summary of available medical records, psychiatric
records and  reports  relating  to  assaults,  or  other  violent  acts,
attempts  at  suicide  or escape by the person while in the custody of a
local detention facility.
  [9] 8.  Notwithstanding any provision of law, including  section  five
hundred  one-c  of  this  article,  the  office  of  children and family
services shall make records pertaining to a person convicted  of  a  sex
offense  as  defined  in  subdivision (p) of section 10.03 of the mental
hygiene law available upon request to the commissioner of mental  health
or  the  commissioner of [mental retardation and] THE OFFICE FOR PERSONS

A. 9006--B                         147

WITH developmental disabilities, as appropriate; a  case  review  panel;
and  the  attorney general; in accordance with the provisions of article
ten of the mental hygiene law.
  S  97. Subdivisions 1, 2, 4, 5 and 5-a of section 529 of the executive
law, subdivisions 1, 4 and 5 as added by chapter  906  of  the  laws  of
1973,  paragraph  (c)  of  subdivision 1 as amended and paragraph (d) of
subdivision 1 as added by chapter 881 of the laws of 1976, subdivision 2
as amended by chapter 430 of the laws of 1991, paragraph (c) of subdivi-
sion 5 as amended by chapter 722 of the laws of 1979 and subdivision 5-a
as added by chapter 258 of the laws of 1974,  are  amended  to  read  as
follows:
  1. Definitions. As used in this section:
  (a) "authorized agency", "certified boarding home", "local charge" and
"state  charge"  shall  have  the  meaning ascribed to such terms by the
social services law;
  (b) "aftercare supervision" shall  mean  supervision  of  released  or
discharged youth, not in foster care; and,
  (c)  "foster care" shall mean residential care, maintenance and super-
vision provided TO released or discharged youth, or youth  otherwise  in
the custody of the [division for youth, in a division foster family home
certified by the division.
  (d)  "division foster family home" means a service program provided in
a home setting available to youth under the jurisdiction of the division
for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
  2. [Expenditures] EXCEPT AS  PROVIDED  IN  SUBDIVISION  FIVE  OF  THIS
SECTION,  EXPENDITURES  made by the [division for youth] OFFICE OF CHIL-
DREN AND FAMILY SERVICES for care, maintenance and supervision furnished
youth,  including  alleged  and  adjudicated  juvenile  delinquents  and
persons  in  need of supervision, placed or referred, pursuant to titles
two or three of this article, and juvenile offenders committed  pursuant
to section 70.05 of the penal law, in the [division's] OFFICE'S programs
and  facilities,  shall  be subject to reimbursement to the state by the
social services district from which the  youth  was  placed  or  by  the
social  services  district in which the juvenile offender resided at the
time of commitment, in accordance with this section and the  regulations
of  the  [division,]  OFFICE  as  follows:  fifty  percent of the amount
expended for care, maintenance and supervision of local charges  includ-
ing juvenile offenders.
  [4.  Expenditures  made  by  the  division for youth] 3. THE COSTS for
foster care PROVIDED BY VOLUNTARY AUTHORIZED AGENCIES TO JUVENILE DELIN-
QUENTS PLACED IN THE CARE OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES
shall  be  [subject to reimbursement to the state by] THE RESPONSIBILITY
OF the social services district from which the  youth  was  placed,  AND
SHALL BE SUBJECT TO REIMBURSEMENT FROM THE STATE in accordance with [the
regulations  of  the  division,  as follows: fifty percent of the amount
expended for care, maintenance and supervision of local charges] SECTION
ONE HUNDRED FIFTY-THREE-K OF THE SOCIAL SERVICES LAW.
  [5] 4. (a) [Expenditures] EXCEPT AS PROVIDED IN  SUBDIVISION  FIVE  OF
THIS  SECTION,  EXPENDITURES  made by the [division for youth] OFFICE OF
CHILDREN AND FAMILY SERVICES for aftercare supervision shall be  subject
to reimbursement to the state by the social services district from which
the  youth  was placed, in accordance with regulations of the [division]
OFFICE, as follows: fifty percent of the amount expended  for  aftercare
supervision of local charges.
  (b)  Expenditures  made  by  social  services  districts for aftercare
supervision of adjudicated juvenile delinquents and persons in  need  of

A. 9006--B                         148

supervision  [provided  (prior  to  the  expiration  of  the  initial or
extended period of placement or commitment) by the  aftercare  staff  of
the facility from which the youth has been released or discharged, other
than  those  under  the jurisdiction of the division for youth, in which
said youth was placed or committed, pursuant to directions of the family
court,] shall be subject to reimbursement by the state[,  upon  approval
by the division and in accordance with its regulations, as follows:
  (1) the full amount expended by the district for aftercare supervision
of state charges;
  (2) fifty percent of the amount expended by the district for aftercare
supervision  of  local  charges]  IN ACCORDANCE WITH SECTION ONE HUNDRED
FIFTY-THREE-K OF THE SOCIAL SERVICES LAW.
  (c) Expenditures made by the [division for youth] OFFICE  OF  CHILDREN
AND  FAMILY  SERVICES  for  contracted  programs and contracted services
pursuant to subdivision seven of section five hundred one of this  arti-
cle,  except  with  respect  to  urban  homes  and group homes, shall be
subject to reimbursement to the state by the  social  services  district
from which the youth was placed, in accordance with this section and the
regulations  of  the  [division] OFFICE as follows: fifty percent of the
amount expended for the operation and maintenance of such  programs  and
services.
  5.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, NO
REIMBURSEMENT SHALL BE REQUIRED FROM  A  SOCIAL  SERVICES  DISTRICT  FOR
EXPENDITURES  MADE  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES ON OR
AFTER DECEMBER FIRST, TWO THOUSAND FIFTEEN FOR  THE  CARE,  MAINTENANCE,
SUPERVISION  OR  AFTERCARE SUPERVISION OF YOUTH AGE SIXTEEN YEARS OF AGE
OR OLDER THAT WOULD NOT OTHERWISE HAVE BEEN MADE ABSENT  THE  PROVISIONS
OF  A CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT INCREASED THE AGE
OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE OR  THAT  AUTHORIZED
THE  PLACEMENT  IN  OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES OF
CERTAIN OTHER YOUTH WHO COMMITTED A CRIME ON OR  AFTER  THEIR  SIXTEENTH
BIRTHDAYS.
  5-a. The social services district responsible for reimbursement to the
state shall remain the same if during a period of placement or extension
thereof,  a child commits a criminal act while in [a division] AN OFFICE
OF CHILDREN AND FAMILY SERVICES facility, during an  authorized  absence
therefrom  or  after  absconding therefrom and is returned to the [divi-
sion] OFFICE following adjudication or conviction for the act by a court
with jurisdiction outside the boundaries of the social services district
which was responsible for reimbursement to the state prior to such adju-
dication or conviction.
  S 98. Subdivision 1 and subparagraph (iii) of paragraph (a) of  subdi-
vision 3 of section 529-b of the executive law, as added by section 3 of
subpart  B  of  part Q of chapter 58 of the laws of 2011, are amended to
read as follows:
  1. (a) Notwithstanding any provision of law to the contrary,  eligible
expenditures by an eligible municipality for services to divert youth at
risk  of,  alleged  to  be,  or  adjudicated  as juvenile delinquents or
persons alleged or adjudicated to be in need of  supervision,  or  youth
alleged  to  be  or  convicted  as  juvenile offenders from placement in
detention or in residential care shall be subject to state reimbursement
under the supervision and treatment services for juveniles  program  for
up  to  sixty-two percent of the municipality's expenditures, subject to
available appropriations and exclusive of any federal funds made  avail-
able  for  such  purposes, not to exceed the municipality's distribution
under the supervision and treatment services for juveniles program.

A. 9006--B                         149

  (b) The state funds appropriated for  the  supervision  and  treatment
services  for juveniles program shall be distributed to eligible munici-
palities by the office of children and family services based on  a  plan
developed  by  the  office  which  may  consider  historical information
regarding  the  number  of youth seen at probation intake for an alleged
act of delinquency, THE NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
RECEIVING DIVERSION SERVICES UNDER SECTION SEVEN HUNDRED THIRTY-FIVE  OF
THE  FAMILY  COURT  ACT,  the number of youth remanded to detention, the
number of juvenile delinquents placed with the  office,  the  number  of
juvenile  delinquents and persons in need of supervision placed in resi-
dential care with the municipality, the municipality's reduction in  the
use of detention and residential placements, and other factors as deter-
mined  by the office. Such plan developed by the office shall be subject
to the approval of the director of the budget. The office is authorized,
in its discretion, to make advance distributions to  a  municipality  in
anticipation of state reimbursement.
  (iii)  a  description  of  how  the services and programs proposed for
funding will reduce the number of youth from the  municipality  who  are
detained  and  residentially  OR OTHERWISE placed; how such services and
programs are family-focused; and whether such services and programs  are
capable of being replicated across multiple sites;
  S  99.  Subdivisions  2, 4, 5, 6 and 7 of section 530 of the executive
law, subdivisions 2 and 4 as amended by section 4 of subpart B of part Q
of chapter 58 of the laws of 2011, paragraphs (a) and (d) of subdivision
2 as amended by section 1 of part M of chapter 57 of the laws  of  2012,
subdivision  5  as  amended by chapter 920 of the laws of 1982, subpara-
graphs 1, 2 and 4 of paragraph (a) and paragraph (b) of subdivision 5 as
amended by section 5 of subpart B of part Q of chapter 58 of the laws of
2011, subdivision 6 as amended by chapter 880 of the laws of  1976,  and
subdivision  7 as amended by section 6 of subpart B of part Q of chapter
58 of the laws of 2011, are amended and a new subdivision 8 is added  to
read as follows:
  2.  [Expenditures] EXCEPT AS PROVIDED FOR IN SUBDIVISION EIGHT OF THIS
SECTION, EXPENDITURES made by municipalities in providing care,  mainte-
nance and supervision to youth in detention facilities designated pursu-
ant  to  sections seven hundred twenty and 305.2 of the family court act
and certified by [the division for youth] OFFICE OF CHILDREN AND  FAMILY
SERVICES, shall be subject to reimbursement by the state, as follows:
  (a)  Notwithstanding  any  provision  of law to the contrary, eligible
expenditures by a municipality during a particular program year for  the
care,  maintenance  and supervision in foster care programs certified by
the office of children and family services, certified or approved family
boarding homes, and non-secure detention  facilities  certified  by  the
office  for  those youth alleged to be persons in need of supervision or
adjudicated persons in need of supervision held pending  transfer  to  a
facility  upon placement; and in secure and non-secure detention facili-
ties certified by the office in accordance  with  section  five  hundred
three  of  this  article  for  those youth alleged to be juvenile delin-
quents; adjudicated juvenile delinquents  held  pending  transfer  to  a
facility upon placement, and juvenile delinquents held at the request of
the  office  of children and family services pending extension of place-
ment hearings or release revocation hearings or while awaiting  disposi-
tion  of such hearings; and youth alleged to be or convicted as juvenile
offenders AND, YOUTH ALLEGED TO BE PERSONS IN  NEED  OF  SUPERVISION  OR
ADJUDICATED  PERSONS  IN  NEED OF SUPERVISION HELD PENDING TRANSFER TO A
FACILITY UPON PLACEMENT IN FOSTER CARE PROGRAMS CERTIFIED BY THE  OFFICE

A. 9006--B                         150

OF  CHILDREN  AND FAMILY SERVICES, CERTIFIED OR APPROVED FAMILY BOARDING
HOMES, shall be subject to state reimbursement for up to  fifty  percent
of  the municipality's expenditures, exclusive of any federal funds made
available  for  such purposes, not to exceed the municipality's distrib-
ution from funds that have been appropriated specifically  therefor  for
that  program  year. Municipalities shall implement the use of detention
risk assessment instruments in a manner prescribed by the office  so  as
to  inform  detention decisions.  Notwithstanding any other provision of
state law to the contrary, data necessary for completion of a  detention
risk   assessment  instrument  may  be  shared  among  law  enforcement,
probation, courts, detention administrators,  detention  providers,  and
the attorney for the child upon retention or appointment; solely for the
purpose of accurate completion of such risk assessment instrument, and a
copy of the completed detention risk assessment instrument shall be made
available  to  the  applicable  detention provider, the attorney for the
child and the court.
  (b) The state funds appropriated for juvenile detention services shall
be distributed to eligible municipalities by the office of children  and
family  services  based  on  a  plan  developed  by the office which may
consider historical information regarding the number of  youth  remanded
to  detention, the municipality's reduction in the use of detention, the
municipality's youth population, and other factors as determined by  the
office.  Such  plan  developed  by  the  office  shall be subject to the
approval of the director of the budget. The office is authorized, in its
discretion, to make advance distributions to a  municipality  in  antic-
ipation of state reimbursement.
  (c)  A municipality may also use the funds distributed to it for juve-
nile detention services under this section for a particular program year
for sixty-two percent of  a  municipality's  eligible  expenditures  for
supervision and treatment services for juveniles programs approved under
section  five hundred twenty-nine-b of this title for services that were
not reimbursed from a municipality's  distribution  under  such  program
provided  to  at-risk,  alleged  or  adjudicated juvenile delinquents or
persons alleged or adjudicated to be in need of supervision, or  alleged
to be or convicted as juvenile offenders in community-based non-residen-
tial  settings. Any claims submitted by a municipality for reimbursement
for detention services or supervision and treatment services  for  juve-
niles  provided  during  a particular program year for which the munici-
pality does not receive  state  reimbursement  from  the  municipality's
distribution  of  detention services funds for that program year may not
be claimed against the municipality's distribution  of  funds  available
under  this section for the next applicable program year. The office may
require that such claims be submitted to the  office  electronically  at
such times and in the manner and format required by the office.
  [(d)(i)]  2-A.  (A) Notwithstanding any provision of law or regulation
to the contrary, any information or data necessary for the  development,
validation  or  revalidation of the detention risk assessment instrument
shall be  shared  among  local  probation  departments,  the  office  of
probation  and  correctional  alternatives  and, where authorized by the
division of criminal justice services, the entity  under  contract  with
the division to provide information technology services related to youth
assessment  and  screening,  the office of children and family services,
and any entity under contract with the office  of  children  and  family
services  to provide services relating to the development, validation or
revalidation of the  detention  risk  assessment  instrument.  Any  such
information  and  data shall not be commingled with any criminal history

A. 9006--B                         151

database. Any information and data used  and  shared  pursuant  to  this
section  shall  only be used and shared for the purposes of this section
and in accordance with this section. Such information  shall  be  shared
and  received  in  a  manner  that  protects the confidentiality of such
information. The sharing,  use,  disclosure  and  redisclosure  of  such
information  to  any  person,  office,  or other entity not specifically
authorized to receive it pursuant to this section or any  other  law  is
prohibited.
  [(ii)]  (B)  The  office of children and family services shall consult
with individuals with professional research experience and expertise  in
criminal  justice;  social work; juvenile justice; and applied mathemat-
ics, psychometrics and/or statistics to assist the office in determining
the method it  will  use  to:  develop,  validate  and  revalidate  such
detention  risk  assessment instrument; and analyze the effectiveness of
the use of such detention risk assessment  instrument  in  accomplishing
its  intended  goals;  and  analyze, to the greatest extent possible any
disparate impact on detention outcomes for juveniles based on race, sex,
national  origin,  economic  status  and  any   other   constitutionally
protected  class, regarding the use of such instrument. The office shall
consult with such individuals regarding whether  it  is  appropriate  to
attempt  to  analyze whether there is any such disparate impact based on
sexual orientation and, if so, the best methods to conduct  such  analy-
sis.  The office shall take into consideration any recommendations given
by such individuals involving improvements that could be  made  to  such
instrument and process.
  [(iii)]  (C)  Data  collected  for  the  purposes  of  completing  the
detention risk assessment instrument from any source other than an offi-
cially documented record shall be  confirmed  as  soon  as  practicable.
Should  any  data  originally utilized in completing the risk assessment
instrument be found to conflict with the officially  documented  record,
the  risk  assessment  instrument shall be completed with the officially
documented data and any corresponding revision  to  the  risk  categori-
zation  shall  be  made.  The  office  shall periodically revalidate any
approved risk assessment instrument. The office shall conspicuously post
any approved detention risk assessment instrument  on  its  website  and
shall  confer  with  appropriate stakeholders, including but not limited
to, attorneys for children, presentment  agencies,  probation,  and  the
family  court,  prior  to revising any validated risk assessment instru-
ment. Any such revised risk assessment instrument shall  be  subject  to
periodic empirical validation.
  4.  (a) The municipality must notify the office of children and family
services of state aid received under other state aid  formulas  by  each
detention  facility  for which the municipality is seeking reimbursement
pursuant to this section, including but not limited to, aid  for  educa-
tion, probation and mental health services.
  (b)  EXCEPT  AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION:  (I) In
computing reimbursement to the municipality pursuant  to  this  section,
the  office shall insure that the aggregate of state aid under all state
aid formulas shall not exceed fifty percent of the cost of care, mainte-
nance  and  supervision  provided  to  detainees  eligible   for   state
reimbursement under subdivision two of this section, exclusive of feder-
al  aid for such purposes not to exceed the amount of the municipality's
distribution under the juvenile detention services program.
  [(c)] (II) Reimbursement for administrative  related  expenditures  as
defined  by  the  office of children and family services, for secure and
nonsecure detention services shall not exceed seventeen percent  of  the

A. 9006--B                         152

total  approved  expenditures for facilities of twenty-five beds or more
and shall not exceed twenty-one percent of the total  approved  expendi-
tures for facilities with less than twenty-five beds.
  5.  (a) Except as provided in paragraph (b) of this subdivision, care,
maintenance and supervision for the purpose of this section  shall  mean
and include only:
  (1)  temporary  care,  maintenance and supervision provided TO alleged
juvenile delinquents and persons in need  of  supervision  in  detention
facilities certified pursuant to sections seven hundred twenty and 305.2
of  the  family court act by the office of children and family services,
pending adjudication of alleged delinquency or alleged  need  of  super-
vision by the family court, or pending transfer to institutions to which
committed  or placed by such court or while awaiting disposition by such
court after adjudication or held pursuant to a securing order of a crim-
inal court if the person named therein as principal is  under  [sixteen]
EIGHTEEN YEARS OF AGE; or[,]
  (1-A) TEMPORARY CARE, MAINTENANCE, AND SUPERVISION PROVIDED TO ALLEGED
JUVENILE  DELINQUENTS IN DETENTION FACILITIES CERTIFIED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES, PENDING ADJUDICATION OF ALLEGED DELINQUEN-
CY BY THE FAMILY COURT, OR PENDING TRANSFER  TO  INSTITUTIONS  TO  WHICH
COMMITTED  OR PLACED BY SUCH COURT OR WHILE AWAITING DISPOSITION BY SUCH
COURT AFTER ADJUDICATION OR HELD PURSUANT TO A SECURING ORDER OF A CRIM-
INAL COURT IF THE PERSON NAMED THEREIN AS PRINCIPAL IS UNDER TWENTY-ONE;
OR
  (2) temporary care,  maintenance  and  supervision  provided  juvenile
delinquents  in  approved  detention  facilities  at  the request of the
office of children and family services pending release revocation  hear-
ings or while awaiting disposition after such hearings; or
  (3)  temporary care, maintenance and supervision in approved detention
facilities for youth held pursuant to the family court act or the inter-
state compact on juveniles, pending return to their place  of  residence
or domicile[.]; OR
  (4)   temporary  care,  maintenance  and  supervision  provided  youth
detained in foster care  facilities  or  certified  or  approved  family
boarding homes pursuant to article seven of the family court act.
  (b)  Payments made for reserved accommodations, whether or not in full
time use, approved AND CERTIFIED by the office of  children  and  family
services  [and  certified  pursuant to sections seven hundred twenty and
305.2 of the family court act], in order to assure that adequate  accom-
modations  will be available for the immediate reception and proper care
therein of youth for which detention costs are reimbursable pursuant  to
paragraph  (a)  of this subdivision, shall be reimbursed as expenditures
for care, maintenance and  supervision  under  the  provisions  of  this
section,  provided  the  office  shall have given its prior approval for
reserving such accommodations.
  6. The [director of the division for youth]  OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES may adopt, amend, or rescind all rules and regulations,
subject to the approval of the director of the budget and  certification
to  the  chairmen  of  the  senate  finance  and assembly ways and means
committees, necessary to carry out the provisions of this section.
  7. The agency administering detention for each county and the city  of
New  York shall submit to the office of children and family services, at
such times and in such form and manner and containing  such  information
as  required  by  the  office of children and family services, an annual
report on youth remanded pursuant to article three or seven of the fami-
ly court act who are  detained  during  each  calendar  year  including,

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commencing  January  first,  two thousand twelve, the risk level of each
detained youth as assessed by a  detention  risk  assessment  instrument
approved  by the office of children and family services.  The office may
require that such data on detention use be submitted to the office elec-
tronically. Such report shall include, but not be limited to, the reason
for  the court's determination in accordance with section 320.5 or seven
hundred thirty-nine of the family court act, IF  APPLICABLE,  to  detain
the  youth; the offense or offenses with which the youth is charged; and
all other reasons why the  youth  remains  detained.  The  office  shall
submit a compilation of all the separate reports to the governor and the
legislature.
  8.  NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, STATE
REIMBURSEMENT SHALL BE MADE AVAILABLE  FOR  ONE  HUNDRED  PERCENT  OF  A
MUNICIPALITY'S  ELIGIBLE  EXPENDITURES  FOR  THE  CARE,  MAINTENANCE AND
SUPERVISION OF YOUTH SIXTEEN YEARS OF AGE OR  OLDER  IN  NON-SECURE  AND
SECURE DETENTION FACILITIES WHEN SUCH DETENTION WOULD NOT OTHERWISE HAVE
OCCURRED  ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND
FIFTEEN THAT INCREASED THE AGE OF JUVENILE  JURISDICTION  ABOVE  FIFTEEN
YEARS OF AGE.
  S  100.  Section  109-c  of  the  vehicle and traffic law, as added by
section 1 of part E of chapter 60 of the laws of  2005,  is  amended  to
read as follows:
  S  109-c.    Conviction.   1. Any conviction as defined in subdivision
thirteen of section 1.20 of the criminal procedure law; provided, howev-
er, where a conviction or administrative finding in this state or anoth-
er state results in a mandatory sanction against a  commercial  driver's
license,  as set forth in sections five hundred ten, five hundred ten-a,
eleven hundred ninety-two and eleven hundred ninety-four of  this  chap-
ter, conviction shall also mean an unvacated adjudication of guilt, or a
determination  that  a  person has violated or failed to comply with the
law in a court of original jurisdiction or by an authorized  administra-
tive  tribunal,  an unvacated forfeiture of bail or collateral deposited
to secure the person's appearance in court, a plea  of  guilty  or  nolo
contendere  accepted  by the court, the payment of a fine or court cost,
or violation of a condition  of  release  without  bail,  regardless  of
whether or not the penalty is rebated, suspended, or probated.
  2.  A CONVICTION SHALL INCLUDE A JUVENILE DELINQUENCY ADJUDICATION FOR
THE PURPOSES OF SECTIONS FIVE HUNDRED TEN; SUBDIVISION FIVE  OF  SECTION
FIVE HUNDRED ELEVEN; FIVE HUNDRED FOURTEEN; FIVE HUNDRED TWENTY-THREE-A;
SUBPARAGRAPH  (II) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION ELEVEN
HUNDRED NINETY-THREE; SUBDIVISION TWO OF SECTION ELEVEN HUNDRED  NINETY-
THREE;  ELEVEN  HUNDRED  NINETY-SIX; ELEVEN HUNDRED NINETY-EIGHT; ELEVEN
HUNDRED NINETY-EIGHT-A; ELEVEN  HUNDRED  NINETY-NINE;  EIGHTEEN  HUNDRED
EIGHT;  EIGHTEEN  HUNDRED  NINE;  EIGHTEEN  HUNDRED NINE-C; AND EIGHTEEN
HUNDRED NINE-E OF THIS CHAPTER AND PARAGRAPH (A) OF SUBDIVISION  SIX  OF
SECTION  SIXTY-FIVE-B  OF  THE  ALCOHOLIC  BEVERAGE CONTROL LAW ONLY AND
SOLELY FOR THE PURPOSES OF ALLOWING THE FAMILY COURT TO  IMPOSE  LICENSE
AND  REGISTRATION  SANCTIONS,  IGNITION  INTERLOCK  DEVICES, ANY DRUG OR
ALCOHOL REHABILITATION PROGRAM, VICTIM IMPACT PROGRAM, DRIVER  RESPONSI-
BILITY  ASSESSMENT, VICTIM ASSISTANCE FEE, SURCHARGE, AND ISSUING A STAY
ORDER ON APPEAL. NOTHING IN  THIS  SUBDIVISION  SHALL  BE  CONSTRUED  AS
LIMITING  OR  PRECLUDING THE ENFORCEMENT OF SECTION ELEVEN HUNDRED NINE-
TY-TWO-A OF THIS CHAPTER AGAINST A PERSON UNDER THE AGE OF TWENTY-ONE.
  S 100-a. Subdivision 1 of section 510 of the vehicle and traffic  law,
as  amended  by  chapter  132 of the laws of 1986, is amended to read as
follows:

A. 9006--B                         154

  1. Who may suspend or revoke. Any magistrate, justice or judge,  in  a
city,  in a town, or in a village, any supreme court justice, any county
judge, any judge of a district court, ANY FAMILY COURT JUDGE, the super-
intendent of state police and the commissioner of motor vehicles or  any
person  deputized  by  him,  shall  have  power to revoke or suspend the
license to drive a motor vehicle or motorcycle of any person, or in  the
case of an owner, the registration, as provided herein.
  S  100-b.  Severability.  If any clause, sentence, paragraph, subdivi-
sion, section or part contained  in  any  part  of  this  act  shall  be
adjudged  by  any  court  of  competent jurisdiction to be invalid, such
judgment shall not affect, impair, or invalidate the remainder  thereof,
but  shall  be  confined in its operation to the clause, sentence, para-
graph, subdivision, section  or  part  contained  in  any  part  thereof
directly  involved  in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if  such  invalid  provisions
had not been included herein.
  S  101.  This  act  shall  take effect immediately; provided, however,
that:
  1. sections one through twenty-four,  twenty-six  through  fifty-nine,
sixty-one through sixty-six, sixty-eight through seventy-six, and eighty
through one hundred-b of this act shall take effect on January 1, 2018;
  2.    sections sixty-seven, seventy-seven, seventy-eight, and seventy-
nine of this act shall take effect on the sixtieth day  after  it  shall
have become a law;
  3. the amendments to subparagraph (ii) of paragraph (a) of subdivision
1  of  section  409-a of the social services law, made by section fifty-
three of this act shall not affect the expiration of  such  subparagraph
and shall be deemed expired therewith;
  4.  the  amendments  to  subdivision  4 of section 353.5 of the family
court act made by section twenty-four of this act shall not  affect  the
expiration  and  reversion of such subdivision pursuant to section 11 of
subpart A of part G of chapter 57 of the laws of 2012, as  amended,  and
shall  expire  and be deemed repealed therewith, when upon such date the
provisions of section twenty-five of this act shall take effect;
  5. the amendments to section 153-k of the social services law made  by
section  forty-seven  of  this  act  shall not affect the repeal of such
section and shall expire and be deemed repealed therewith;
  6. the amendments to section 404 of the social services  law  made  by
section  fifty-two  of  this  act  shall  not  affect the repeal of such
section and shall expire and be deemed repealed therewith;
  7. the amendments to subdivision 1 of section 70.20 of the  penal  law
made  by section fifty-eight of this act shall not affect the expiration
of such subdivision and shall expire and be deemed repealed therewith;
  8. the amendments to paragraph (f) of subdivision 1 of  section  70.30
of  the  penal  law made by section sixty-a of this act shall not affect
the expiration of such paragraph and shall be deemed  to  expire  there-
with;
  9. the amendments to subparagraph 1 of paragraph d of subdivision 3 of
section  3214  of the education law made by section eighty-eight of this
act shall not affect the expiration  of  such  paragraph  and  shall  be
deemed to expire therewith; and
  10. the amendments to the second undesignated paragraph of subdivision
4 of section 246 of the executive law made by section ninety-one of this
act  shall  not affect the expiration of such paragraph and shall expire
and be deemed repealed therewith.

A. 9006--B                         155

                                 PART O

  Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
section 131-o of the social services law, as amended  by  section  1  of
part  I  of  chapter  56  of  the  laws  of 2015, are amended to read as
follows:
  (a) in the case of each individual receiving family  care,  an  amount
equal  to  at least $141.00 for each month beginning on or after January
first, two thousand [fifteen] SIXTEEN.
  (b) in the case of each  individual  receiving  residential  care,  an
amount  equal  to  at least $163.00 for each month beginning on or after
January first, two thousand [fifteen] SIXTEEN.
  (c) in the case of  each  individual  receiving  enhanced  residential
care, an amount equal to at least $193.00 for each month beginning on or
after January first, two thousand [fifteen] SIXTEEN.
  (d)  for  the  period commencing January first, two thousand [sixteen]
SEVENTEEN, the monthly personal needs allowance shall be an amount equal
to the sum of the amounts set forth in subparagraphs one and two of this
paragraph:
  (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
subdivision; and
  (2)  the  amount  in subparagraph one of this paragraph, multiplied by
the percentage of any  federal  supplemental  security  income  cost  of
living adjustment which becomes effective on or after January first, two
thousand  [sixteen] SEVENTEEN, but prior to June thirtieth, two thousand
[sixteen] SEVENTEEN, rounded to the nearest whole dollar.
  S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
section  209 of the social services law, as amended by section 2 of part
I of chapter 56 of the laws of 2015, are amended to read as follows:
  (a) On and after January first, two thousand [fifteen] SIXTEEN, for an
eligible individual living alone, $820.00; and for  an  eligible  couple
living alone, $1204.00.
  (b) On and after January first, two thousand [fifteen] SIXTEEN, for an
eligible  individual  living with others with or without in-kind income,
$756.00; and for an eligible couple living with others with  or  without
in-kind income, $1146.00.
  (c)  On  and  after January first, two thousand [fifteen] SIXTEEN, (i)
for an eligible individual receiving family care, $999.48 if he  or  she
is  receiving such care in the city of New York or the county of Nassau,
Suffolk, Westchester or  Rockland;  and  (ii)  for  an  eligible  couple
receiving  family  care in the city of New York or the county of Nassau,
Suffolk, Westchester or Rockland, two times  the  amount  set  forth  in
subparagraph  (i) of this paragraph; or (iii) for an eligible individual
receiving such care in any other county in the state, $961.48; and  (iv)
for  an  eligible  couple receiving such care in any other county in the
state, two times the amount set forth  in  subparagraph  (iii)  of  this
paragraph.
  (d)  On  and  after January first, two thousand [fifteen] SIXTEEN, (i)
for an eligible individual receiving residential care, $1168.00 if he or
she is receiving such care in the city of New  York  or  the  county  of
Nassau,  Suffolk,  Westchester  or  Rockland;  and  (ii) for an eligible
couple receiving residential care in the city of New York or the  county
of  Nassau,  Suffolk,  Westchester or Rockland, two times the amount set
forth in subparagraph (i) of this paragraph; or (iii)  for  an  eligible
individual  receiving  such  care  in  any  other  county  in the state,
$1138.00; and (iv) for an eligible couple receiving  such  care  in  any

A. 9006--B                         156

other  county  in  the state, two times the amount set forth in subpara-
graph (iii) of this paragraph.
  (e)  (i)  On  and after January first, two thousand [fifteen] SIXTEEN,
for  an  eligible  individual  receiving  enhanced   residential   care,
$1427.00; and (ii) for an eligible couple receiving enhanced residential
care,  two  times the amount set forth in subparagraph (i) of this para-
graph.
  (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases  in  federal  supple-
mental  security income benefits for individuals or couples which become
effective on or after January first, two  thousand  [sixteen]  SEVENTEEN
but prior to June thirtieth, two thousand [sixteen] SEVENTEEN.
  S 3. This act shall take effect December 31, 2016.

                                 PART P

  Section 1. Notwithstanding any other provision of law to the contrary,
the  housing  trust  fund  corporation  may provide, for purposes of the
rural rental assistance program, a sum not to exceed twenty-two  million
two hundred ninety-two thousand dollars for the fiscal year ending March
31,  2017.   Notwithstanding any other provision of law to the contrary,
and subject to the approval of the New York state director of the  budg-
et,  the  board  of  directors  of the state of New York mortgage agency
shall authorize the transfer to the housing trust fund corporation,  for
the  purposes  of  reimbursing  any  costs  associated with rural rental
assistance program contracts authorized by this section, a total sum not
to exceed twenty-two million two hundred  ninety-two  thousand  dollars,
such  transfer  to  be made from (i) the special account of the mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties law, in an amount not to exceed the actual excess  balance  in  the
special account of the mortgage insurance fund, as determined and certi-
fied  by the state of New York mortgage agency for the fiscal year 2015-
2016 in accordance with section 2429-b of the public authorities law, if
any, and/or (ii) provided that the reserves in the project  pool  insur-
ance  account of the mortgage insurance fund created pursuant to section
2429-b of the public authorities law are sufficient to attain and  main-
tain  the credit rating (as determined by the state of New York mortgage
agency) required to accomplish the purposes of such account, the project
pool insurance account of the mortgage insurance fund, such transfer  to
be  made  as  soon  as  practicable  but  no  later  than June 30, 2016.
Notwithstanding any other provision of law to the contrary,  such  funds
may  be  used  by  the  corporation in support of contracts scheduled to
expire in the fiscal year ending March 31, 2017 for as many as 10  addi-
tional  years;  in  support of contracts for new eligible projects for a
period not to exceed 5 years; and in support of  contracts  which  reach
their  25  year  maximum in and/or prior to the fiscal year ending March
31, 2017 for an additional one year period.
  S 2. Notwithstanding any other provision of law to the  contrary,  the
housing  finance agency may provide, for costs associated with the reha-
bilitation of Mitchell Lama  housing  projects,  a  sum  not  to  exceed
forty-two  million  dollars  for  the fiscal year ending March 31, 2017.
Notwithstanding any other provision of law to the contrary, and  subject
to  the approval of the New York state director of the budget, the board
of directors of the state of New York mortgage  agency  shall  authorize
the  transfer  to  the housing finance agency, for the purposes of reim-
bursing any costs associated with Mitchell Lama housing projects author-

A. 9006--B                         157

ized by this section, a  total  sum  not  to  exceed  forty-two  million
dollars,  such  transfer  to be made from (i) the special account of the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law, in an amount not to exceed the actual excess balance in
the  special  account  of the mortgage insurance fund, as determined and
certified by the state of New York mortgage agency for the  fiscal  year
2015-2016  in  accordance  with section 2429-b of the public authorities
law, if any, and/or (ii) provided that the reserves in the project  pool
insurance  account  of  the  mortgage insurance fund created pursuant to
section 2429-b of the public authorities law are  sufficient  to  attain
and  maintain  the credit rating (as determined by the state of New York
mortgage agency) required to accomplish the purposes  of  such  account,
the  project pool insurance account of the mortgage insurance fund, such
transfer to be made as soon as practicable but no later than  March  31,
2017.
  S  3.  Notwithstanding any other provision of law to the contrary, the
housing trust fund corporation may provide, for purposes of  the  neigh-
borhood  preservation  program,  a  sum not to exceed eleven million six
hundred fifty-four thousand dollars for the fiscal year ending March 31,
2017.  Within this total amount one hundred fifty thousand dollars shall
be used for the purpose of entering into a contract with  the  neighbor-
hood preservation coalition to provide technical assistance and services
to  companies  funded  pursuant  to  article  XVI of the private housing
finance law.  Notwithstanding any other provision of law to the  contra-
ry,  and  subject  to the approval of the New York state director of the
budget, the board of directors of the state of New York mortgage  agency
shall  authorize the transfer to the housing trust fund corporation, for
the purposes of reimbursing any costs associated with neighborhood pres-
ervation program contracts authorized by this section, a total  sum  not
to  exceed  eleven million six hundred fifty-four thousand dollars, such
transfer to be made from (i) the special account of the mortgage  insur-
ance  fund  created pursuant to section 2429-b of the public authorities
law, in an amount not to exceed the actual excess balance in the special
account of the mortgage insurance fund, as determined and  certified  by
the  state  of New York mortgage agency for the fiscal year 2015-2016 in
accordance with section 2429-b of the public authorities  law,  if  any,
and/or  (ii)  provided  that  the reserves in the project pool insurance
account of the mortgage  insurance  fund  created  pursuant  to  section
2429-b  of the public authorities law are sufficient to attain and main-
tain the credit rating (as determined by the state of New York  mortgage
agency) required to accomplish the purposes of such account, the project
pool  insurance account of the mortgage insurance fund, such transfer to
be made as soon as practicable but no later than June 30, 2016.
  S 4. Notwithstanding any other provision of law to the  contrary,  the
housing  trust  fund  corporation may provide, for purposes of the rural
preservation program, a sum not to exceed  four  million  eight  hundred
sixty-four  thousand  dollars for the fiscal year ending March 31, 2017.
Within this total amount one hundred fifty  thousand  dollars  shall  be
used  for the purpose of entering into a contract with the rural housing
coalition to provide technical  assistance  and  services  to  companies
funded  pursuant  to  article  XVII  of the private housing finance law.
Notwithstanding any other provision of law to the contrary, and  subject
to  the approval of the New York state director of the budget, the board
of directors of the state of New York mortgage  agency  shall  authorize
the  transfer to the housing trust fund corporation, for the purposes of
reimbursing  any  costs  associated  with  rural  preservation   program

A. 9006--B                         158

contracts  authorized  by  this  section, a total sum not to exceed four
million eight hundred sixty-four thousand dollars, such transfer  to  be
made from (i) the special account of the mortgage insurance fund created
pursuant  to  section 2429-b of the public authorities law, in an amount
not to exceed the actual excess balance in the special  account  of  the
mortgage insurance fund, as determined and certified by the state of New
York  mortgage  agency  for the fiscal year 2015-2016 in accordance with
section 2429-b of the  public  authorities  law,  if  any,  and/or  (ii)
provided  that the reserves in the project pool insurance account of the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law are sufficient to attain and maintain the credit  rating
(as  determined  by  the  state of New York mortgage agency) required to
accomplish the purposes of such  account,  the  project  pool  insurance
account of the mortgage insurance fund, such transfer to be made as soon
as practicable but no later than June 30, 2016.
  S  5.  Notwithstanding any other provision of law to the contrary, the
housing trust fund corporation may provide, for purposes  of  the  rural
and  urban community investment fund program created pursuant to article
XXVII of the private housing finance law, a sum not to  exceed  nineteen
million  two  hundred  fifty thousand dollars for the fiscal year ending
March 31, 2017.   Notwithstanding any other  provision  of  law  to  the
contrary,  and subject to the approval of the New York state director of
the budget, the board of directors of the state  of  New  York  mortgage
agency  shall  authorize  the  transfer to the housing trust fund corpo-
ration, for the purposes of reimbursing any costs associated with  rural
and urban community investment fund program contracts authorized by this
section,  a  total  sum not to exceed nineteen million two hundred fifty
thousand dollars, such transfer to be made from (i) the special  account
of the mortgage insurance fund created pursuant to section 2429-b of the
public  authorities  law,  in  an amount not to exceed the actual excess
balance in the special account of the mortgage insurance fund, as deter-
mined and certified by the state of New York  mortgage  agency  for  the
fiscal  year  2015-2016  in accordance with section 2429-b of the public
authorities law, if any, and/or (ii) provided that the reserves  in  the
project  pool  insurance  account of the mortgage insurance fund created
pursuant to section 2429-b of the public authorities law are  sufficient
to  attain and maintain the credit rating (as determined by the state of
New York mortgage agency) required to accomplish the  purposes  of  such
account,  the  project  pool insurance account of the mortgage insurance
fund, such transfer to be made as soon as practicable but no later  than
March 31, 2017.
  S  6.  Notwithstanding any other provision of law to the contrary, the
housing trust fund corporation may provide, for the purposes of carrying
out the provisions of the low income housing trust fund program  created
pursuant  to article XVIII of the private housing finance law, a sum not
to exceed ten million dollars for the fiscal year ending March 31, 2017.
Notwithstanding any other provision of law to the contrary, and  subject
to  the approval of the New York state director of the budget, the board
of directors of the state of New York mortgage  agency  shall  authorize
the  transfer to the housing trust fund corporation, for the purposes of
carrying out the provisions of the low income housing trust fund program
created pursuant to article XVIII of the  private  housing  finance  law
authorized  by  this  section,  a  total  sum  not to exceed ten million
dollars, such transfer to be made from (i) the special  account  of  the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law, in an amount not to exceed the actual excess balance in

A. 9006--B                         159

the  special  account  of the mortgage insurance fund, as determined and
certified by the state of New York mortgage agency for the  fiscal  year
2015-2016  in  accordance  with section 2429-b of the public authorities
law,  if any, and/or (ii) provided that the reserves in the project pool
insurance account of the mortgage insurance  fund  created  pursuant  to
section  2429-b  of  the public authorities law are sufficient to attain
and maintain the credit rating (as determined by the state of  New  York
mortgage  agency)  required  to accomplish the purposes of such account,
the project pool insurance account of the mortgage insurance fund,  such
transfer  to  be made as soon as practicable but no later than March 31,
2017.
  S 7. Notwithstanding any other provision of law to the  contrary,  the
housing  trust  fund  corporation may provide, for purposes of the homes
for working families program for  deposit  in  the  housing  trust  fund
created  pursuant to section 59-a of the private housing finance law and
subject to the provisions  of  article  XVIII  of  the  private  housing
finance  law,  a  sum  not  to exceed twelve million seven hundred fifty
thousand dollars for the fiscal year ending  March  31,  2017.  Notwith-
standing  any other provision of law to the contrary, and subject to the
approval of the New York state director of  the  budget,  the  board  of
directors  of  the state of New York mortgage agency shall authorize the
transfer to the housing trust fund  corporation,  for  the  purposes  of
reimbursing any costs associated with homes for working families program
contracts  authorized  by this section, a total sum not to exceed twelve
million seven hundred fifty thousand dollars, such transfer to  be  made
from  (i)  the  special  account  of the mortgage insurance fund created
pursuant to section 2429-b of the public authorities law, in  an  amount
not  to  exceed  the actual excess balance in the special account of the
mortgage insurance fund, as determined and certified by the state of New
York mortgage agency for the fiscal year 2015-2016  in  accordance  with
section  2429-b  of  the  public  authorities  law,  if any, and/or (ii)
provided that the reserves in the project pool insurance account of  the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities  law are sufficient to attain and maintain the credit rating
(as determined by the state of New York  mortgage  agency)  required  to
accomplish  the  purposes  of  such  account, the project pool insurance
account of the mortgage insurance fund, such transfer to be made as soon
as practicable but no later than March 31, 2017.
  S 8. Notwithstanding any other provision of law to the  contrary,  the
homeless housing and assistance corporation may provide, for purposes of
the New York state supportive housing program, a sum not to exceed twen-
ty-five  million one hundred ninety thousand dollars for the fiscal year
ending March 31, 2017. The homeless housing and  assistance  corporation
may  enter into an agreement with the office of temporary and disability
assistance to administer such sum in accordance with the requirements of
the programs. Notwithstanding any other provision of law to the  contra-
ry, and subject to the approval of the director of the budget, the board
of  directors  of  the state of New York mortgage agency shall authorize
the transfer to the homeless housing and assistance corporation, a total
sum not to  exceed  twenty-five  million  one  hundred  ninety  thousand
dollars,  such  transfer  to be made from (i) the special account of the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law, in an amount not to exceed the actual excess balance in
the special account of the mortgage insurance fund,  as  determined  and
certified  by  the state of New York mortgage agency for the fiscal year
2015-2016 in accordance with section 2429-b of  the  public  authorities

A. 9006--B                         160

law,  if any, and/or (ii) provided that the reserves in the project pool
insurance account of the mortgage insurance  fund  created  pursuant  to
section  2429-b  of  the public authorities law are sufficient to attain
and  maintain  the credit rating (as determined by the state of New York
mortgage agency) required to accomplish the purposes  of  such  account,
the  project pool insurance account of the mortgage insurance fund, such
transfer to be made as soon as practicable but no later than  March  31,
2017.
  S  9.  Notwithstanding any other provision of law to the contrary, the
state office for the  aging  may  provide,  for  costs  associated  with
naturally  occurring  retirement  communities,  a  sum not to exceed one
million dollars for the fiscal year ending March  31,  2017.    Notwith-
standing  any other provision of law to the contrary, and subject to the
approval of the New York state director of  the  budget,  the  board  of
directors  of  the state of New York mortgage agency shall authorize the
transfer to the state office for the aging, for the  purposes  of  reim-
bursing  any costs associated with naturally occurring retirement commu-
nities authorized by this section, a total sum not to exceed one million
dollars, such transfer to be made from (i) the special  account  of  the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law, in an amount not to exceed the actual excess balance in
the  special  account  of the mortgage insurance fund, as determined and
certified by the state of New York mortgage agency for the  fiscal  year
2015-2016  in  accordance  with section 2429-b of the public authorities
law, if any, and/or (ii) provided that the reserves in the project  pool
insurance  account  of  the  mortgage insurance fund created pursuant to
section 2429-b of the public authorities law are  sufficient  to  attain
and  maintain  the credit rating (as determined by the state of New York
mortgage agency) required to accomplish the purposes  of  such  account,
the  project pool insurance account of the mortgage insurance fund, such
transfer to be made as soon as practicable but no later than  March  31,
2017.
  S  10. Notwithstanding any other provision of law to the contrary, the
state office for the aging may provide, for costs associated with neigh-
borhood naturally occurring retirement communities, a sum not to  exceed
one  million dollars for the fiscal year ending March 31, 2017. Notwith-
standing any other provision of law to the contrary, and subject to  the
approval  of  the  New  York  state director of the budget, the board of
directors of the state of New York mortgage agency shall  authorize  the
transfer  to  the  state office for the aging, for the purposes of reim-
bursing any  costs  associated  with  neighborhood  naturally  occurring
retirement  communities  authorized  by this section, a total sum not to
exceed one million dollars, such  transfer  to  be  made  from  (i)  the
special  account  of  the  mortgage  insurance  fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage  insur-
ance fund, as determined and certified by the state of New York mortgage
agency  for  the fiscal year 2015-2016 in accordance with section 2429-b
of the public authorities law, if any, and/or  (ii)  provided  that  the
reserves in the project pool insurance account of the mortgage insurance
fund  created  pursuant  to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating  (as  determined
by  the  state  of  New York mortgage agency) required to accomplish the
purposes of such account, the project  pool  insurance  account  of  the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than March 31, 2017.

A. 9006--B                         161

  S 11. This act shall take effect immediately.

                                 PART Q

  Section  1. Section 4 of subpart A of part D of chapter 58 of the laws
of 2011 amending the education law relating  to  capital  facilities  in
support  of  the  state university and community colleges, is amended to
read as follows:
  S 4. This act shall take effect immediately and shall  expire  and  be
deemed repealed June 30, [2016] 2021.
  S  2.  Section  4  of subpart B of part D of chapter 58 of the laws of
2011 amending the education law relating to procurement  in  support  of
the state and city universities, is amended to read as follows:
  S  4.  This  act shall take effect immediately and shall expire and be
deemed repealed June 30, [2016] 2021.
  S 3. Section 3 of subpart C of part D of chapter 58  of  the  laws  of
2011 amending the education law relating to state university health care
facilities, is amended to read as follows:
  S  3.  This act shall take effect immediately, and shall expire and be
deemed repealed June 30, [2016] 2021.
  S 4. This act shall take effect immediately.

                                 PART R

  Section 1. Subitem (c) of item 1 of clause (A) of subparagraph (i)  of
paragraph  a  of  subdivision  3 of section 667 of the education law, as
amended by section 1 of part U chapter  56  of  the  laws  of  2014,  is
amended to read as follows:
  (c) For students first receiving aid in two thousand--two thousand one
and  thereafter,  five thousand dollars, except starting in two thousand
fourteen-two thousand fifteen and thereafter such students shall receive
five thousand one hundred sixty-five dollars AND STARTING IN  TWO  THOU-
SAND  SIXTEEN--TWO THOUSAND SEVENTEEN AND THEREAFTER SUCH STUDENTS SHALL
RECEIVE FIVE THOUSAND TWO HUNDRED SIXTY-FIVE DOLLARS; or
  S 2. Subitem (a) of item 1 of clause (A) of subparagraph (i) of  para-
graph a of subdivision 3 of section 667 of the education law, as amended
by  section 2 of part U of chapter 56 of the laws of 2014, is amended to
read as follows:
  (a) For students first receiving aid after  nineteen  hundred  ninety-
three--nineteen  hundred  ninety-four and before two thousand--two thou-
sand one, four thousand [two] THREE hundred ninety dollars; or
  S 3. Subitem (b) of item 1 of clause (A) of subparagraph (i) of  para-
graph a of subdivision 3 of section 667 of the education law, as amended
by  section 3 of part U of chapter 56 of the laws of 2014, is amended to
read as follows:
  (b) For students first receiving aid in nineteen hundred ninety-three-
-nineteen hundred ninety-four or earlier, three thousand  [seven]  EIGHT
hundred forty dollars; or
  S  4. Subitem (a) of item 2 of clause (A) of subparagraph (i) of para-
graph a of subdivision 3 of section 667 of the education law, as amended
by section 2 of part H of chapter 58 of the laws of 2011, is amended  to
read as follows:
  (a)  For students first receiving aid in nineteen hundred ninety-four-
-nineteen hundred ninety-five and nineteen hundred ninety-five--nineteen
hundred ninety-six and thereafter, three thousand  twenty-five  dollars,
EXCEPT  STARTING  IN  TWO  THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SUCH

A. 9006--B                         162

STUDENTS SHALL RECEIVE THREE THOUSAND ONE HUNDRED  TWENTY-FIVE  DOLLARS,
or
  S  5. Subitem (b) of item 2 of clause (A) of subparagraph (i) of para-
graph a of subdivision 3 of section 667 of the education law, as amended
by section 2 of part H of chapter 58 of the laws of 2011, is amended  to
read as follows:
  (b)  For students first receiving aid in nineteen hundred ninety-two--
nineteen hundred ninety-three and nineteen  hundred  ninety-three--nine-
teen  hundred  ninety-four, two thousand [five] SIX hundred seventy-five
dollars, or
  S 6. Subitem (c) of item 2 of clause (A) of subparagraph (i) of  para-
graph a of subdivision 3 of section 667 of the education law, as amended
by  section 2 of part H of chapter 58 of the laws of 2011, is amended to
read as follows:
  (c) For students first receiving aid in nineteen hundred  ninety-one--
nineteen hundred ninety-two or earlier, two thousand [four] FIVE hundred
fifty dollars; or
  S  7. Subdivision 2 of section 689-a of the education law, as added by
chapter 260 of the laws of 2011, is amended to read as follows:
  2. Each tuition credit pursuant to this section  shall  be  an  amount
equal  to the product of the total annual resident undergraduate tuition
rate minus five thousand FIFTY dollars  then  multiplied  by  an  amount
equal  to the product of the total annual award for the student pursuant
to section six hundred sixty-seven of this article divided by an  amount
equal to the maximum amount the student qualifies to receive pursuant to
clause  (A)  of  subparagraph (i) of paragraph a of subdivision three of
section six hundred sixty-seven of this article.
  S 8. This act shall take effect immediately; provided that the  amend-
ments  to  section  689-a  of the education law made by section seven of
this act shall be subject to the expiration and repeal of  such  section
and shall expire and be deemed repealed therewith.

                                 PART S

  Section 1. This act enacts into law major components of legislation in
relation to social services. Each component is wholly contained within a
Subpart  identified as Subparts A through D. The effective date for each
particular provision contained within such Subpart is set forth  in  the
last  section  of  such  Subpart. Any provision in any section contained
within a Subpart, including the effective date  of  the  Subpart,  which
makes  references  to  a  section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Subpart in which it is found. Section three
of this act sets forth the general effective date of this act.

                                SUBPART A

  Section 1. Section 131-n of the social services  law,  as  amended  by
section  16  of part B of chapter 436 of the laws of 1997, subdivision 1
as amended by chapter 373 of the laws of 2003, paragraph (c) of subdivi-
sion 1 as amended by section 5 of part J of chapter 58 of  the  laws  of
2014,  subdivision  3  as amended by chapter 207 of the laws of 2001, is
amended to read as follows:
  S 131-n. Exemption of income and resources.  1.  THE RESOURCES IDENTI-
FIED IN SUBDIVISION TWO OF THIS SECTION SHALL BE EXEMPT AND  DISREGARDED
AT  APPLICATION  IN  CALCULATING THE AMOUNT OF BENEFITS OF ANY APPLICANT

A. 9006--B                         163

FOR ANY PUBLIC ASSISTANCE PROGRAM. AT RECERTIFICATION, RESOURCES DELINE-
ATED IN SUBDIVISION TWO OF THIS SECTION SHALL NOT BE TAKEN INTO  CONSID-
ERATION  WHEN DETERMINING ELIGIBILITY OR CALCULATING THE AMOUNT OF BENE-
FITS OF ANY RECIPIENT FOR ANY PUBLIC ASSISTANCE PROGRAM.
  2.  The  following resources shall be exempt and disregarded in calcu-
lating the amount of benefits of any [household under] APPLICANT FOR any
public assistance program: (a) cash and liquid or nonliquid resources up
to [two] THREE thousand dollars, or [three] FOUR thousand  FIVE  HUNDRED
dollars  in the case of households in which any member is sixty years of
age or older, (b) an amount up to  [four  thousand  six  hundred  fifty]
SEVEN  THOUSAND  FIFTY dollars in a separate bank account established by
an individual while currently in receipt  of  assistance  for  the  sole
purpose  of  enabling  the individual to purchase a first or replacement
vehicle for the recipient to seek, obtain  or  maintain  employment,  so
long  as the funds are not used for any other purpose, (c) an amount [up
to one thousand four] EQUAL TO THE GREATER OF FIVE THOUSAND ONE  hundred
SIXTY-FIVE  dollars  OR  THE  MAXIMUM  TUITION  ASSISTANCE PROGRAM AWARD
AVAILABLE FOR THE CURRENT ACADEMIC  YEAR  in  a  separate  bank  account
established  by  an  individual while currently in receipt of assistance
for the purpose of paying tuition at a two-year or four-year  accredited
post-secondary  educational  institution,  so  long as the funds are not
used for any other purpose, (d) the home which is the usual residence of
the household, (e) one automobile, [up  to  four  thousand  six  hundred
fifty  dollars fair market value, provided, however, that if the automo-
bile is needed for the applicant or recipient to seek or retain  employ-
ment  or  travel to and from work activities as defined in section three
hundred thirty-six of this chapter, the automobile  exemption  shall  be
increased  to  nine thousand three hundred dollars, or such other higher
dollar value as the local social services district may elect  to  adopt]
FOR EACH MEMBER OF THE HOUSEHOLD WITH A DRIVER'S LICENSE, (f) one burial
plot per household member as defined in department regulations, (g) bona
fide  funeral  agreements  [up  to  a total of one thousand five hundred
dollars in equity value] per household member, (h) funds in an  individ-
ual  development account established in accordance with subdivision five
of section three hundred fifty-eight of this chapter  and  section  four
hundred three of the social security act [and], (i) [for a period of six
months,]  ANY  real  property which the household is making a good faith
effort to sell, in accordance with department regulations  and  tangible
personal  property  necessary for business or for employment purposes in
accordance with department regulations, (J) RETIREMENT ACCOUNTS, INCLUD-
ING  BUT  NOT  LIMITED  TO  INDIVIDUAL  RETIREMENT  ACCOUNTS,  401(K)'S,
403(B)'S,  AND  KEOGH  PLANS;  AND (K) ALL 529 COLLEGE SAVINGS PLANS. If
federal law or regulations require the exemption or disregard  of  addi-
tional  income  and resources in determining need for family assistance,
or medical assistance not exempted or disregarded pursuant to any  other
provision of this chapter, the department may, by regulations subject to
the  approval  of  the  director  of the budget, require social services
officials to exempt or disregard  such  income  and  resources.  Refunds
resulting  from earned income tax credits shall be disregarded in public
assistance programs. COURT ORDERED CHILD SUPPORT WHICH IS PAID OR  WITH-
HELD FROM INCOME SHALL NOT BE CONSIDERED AVAILABLE INCOME.
  [2.] 3. If and to the extent permitted by federal law and regulations,
amounts  received  under section 105 of Public Law 100-383 as reparation
payments for internment of Japanese-Americans and payments made to indi-
viduals because of their  status  as  victims  of  Nazi  persecution  as
defined  in P.L. 103-286 shall be exempt from consideration as income or

A. 9006--B                         164

resources for purposes of determining eligibility for and the amount  of
benefits  under any program provided under the authority of this chapter
and under title XX of the Social Security Act.
  4. OWNERSHIP OF ALL OTHER PERSONAL PROPERTY NOT EXEMPT IN SUBDIVISIONS
TWO  AND THREE OF THIS SECTION, SHALL BE EVALUATED BASED UPON ITS EQUITY
VALUE.
  [3.] 5. The department is authorized to establish regulations defining
income and resources, CONSISTENT WITH THIS SECTION.  [The department  is
further  authorized  to  promulgate  regulations  it  deems necessary to
prevent the improper establishment and use of accounts for  purchase  of
first or replacement vehicles.]
  S  2.  Subdivision  (c) of section 153 of part B of chapter 436 of the
laws of 1997, constituting the welfare reform act of 1997, as amended by
chapter 187 of the laws of 2015, is amended to read as follows:
  (c) Section sixteen of this act shall take  effect  November  1,  1997
[and expire and be deemed repealed August 22, 2017].
  S 3. This act shall take effect April 1, 2016.

                                SUBPART B

  Section  1.  Section  106  of  the  social services law, as amended by
section 1 of part S of chapter 56 of the laws of  2014,  is  amended  to
read as follows:
  S  106. Powers of social services official to receive and dispose of a
deed, mortgage, or lien. 1. A social services official  responsible,  by
or  pursuant to any provision of this chapter, for the administration of
assistance [or care] granted or applied for [may]  SHALL  NOT  accept  a
deed  of real property and/or a mortgage thereon on behalf of the social
services district for the assistance [and care] of a  person  at  public
expense  [but  such  property shall not be considered as public property
and shall remain on the tax rolls and such deed  or  mortgage  shall  be
subject  to  redemption  as provided in paragraph (a) of subdivision six
hereof].
  2. [A social services official may not  assert  any  claim  under  any
provision  of  this  section to recover] (A) NOTWITHSTANDING SUBDIVISION
ONE OF THIS SECTION, IF, PRIOR TO APRIL FIRST, TWO THOUSAND  SIXTEEN,  A
SOCIAL SERVICES OFFICIAL ACCEPTED A DEED OF REAL PROPERTY AND/OR A MORT-
GAGE  ON  BEHALF OF THE SOCIAL SERVICES DISTRICT FOR THE ASSISTANCE OF A
PERSON AT PUBLIC EXPENSE, SUCH SOCIAL SERVICES OFFICIAL SHALL NOT ASSERT
ANY CLAIM UNDER ANY PROVISION OF THIS SECTION TO RECOVER:
  (1) payments made as part of Supplemental Nutrition Assistance Program
(SNAP), child care services, Emergency Assistance to Adults or the  Home
Energy Assistance Program (HEAP)[.];
  [3.  A  social  services  official  may not assert any claim under any
provision of this section to recover] (2) payments of public  assistance
if such payments were reimbursed by child support collections[.];
  [4.  A  social  services  official  may not assert any claim under any
provision of this section to recover] (3) payments of public  assistance
unless, before [it has accepted] a deed or mortgage WAS ACCEPTED from an
applicant  or  recipient,  [it has] THE OFFICIAL first received a signed
acknowledgment from the applicant or recipient acknowledging that:
  [(a)] A. benefits provided as part of Supplemental  Nutrition  Assist-
ance Program (SNAP), child care services, Emergency Assistance to Adults
or the Home Energy Assistance Program (HEAP) may not be included as part
of the recovery to be made under the mortgage or lien; and

A. 9006--B                         165

  [(b)] B. if the applicant or recipient declines to provide the lien or
mortgage  the children in the household SHALL remain eligible for public
assistance.
  [5. (a)] (B) SUCH PROPERTY SHALL NOT BE CONSIDERED PUBLIC PROPERTY AND
SHALL REMAIN ON THE TAX ROLLS AND SUCH DEED OR MORTGAGE SHALL BE SUBJECT
TO  REDEMPTION  AS PROVIDED IN SUBPARAGRAPH ONE OF PARAGRAPH (D) OF THIS
SUBDIVISION.
  (C) (1) Until a deed, mortgage, or lien, accepted prior to [or  after]
the  effective  date  of  this  [act,] SECTION is satisfied or otherwise
disposed of, the social services district shall issue and  mail  to  the
last  known  address  of the person [giving] WHO GAVE such deed or mort-
gage, or his or  her  estate  or  those  entitled  thereto,  a  biennial
accounting  of the public assistance incurred and repairs and taxes paid
on property. The social services district shall provide such  accounting
no later than February first, two thousand sixteen and biennially there-
after.
  [(b)] (2) Such accounting shall include information regarding the debt
owed  as of the end of the district's most recent fiscal year including,
but not limited to:
  [(1)] A. an enumeration of  all  public  assistance  incurred  by  the
person  [giving]  WHO GAVE such deed or mortgage or his or her household
to date;
  [(2)] B. the current amount of recoverable public assistance under the
deed or mortgage;
  [(3)] C. the amount of any credits against public assistance including
but not limited to:
  [A.] (I) the amount of child support collected  and  retained  by  the
social services district as reimbursement for public assistance;
  [B.]  (II)  recoveries  made  under  section  one hundred four of this
title;
  [C.] (III) recoveries made under section one hundred  thirty-one-r  of
this chapter.
  [(4)]  D. Said accounting shall also provide information regarding the
manner in which payments may be made to the social services district  to
reduce the amount of the mortgage or lien.
  [(c)]  (3)  In  the event that a biennial accounting is not issued and
mailed to the last known address of the person [giving]  WHO  GAVE  such
deed  or mortgage or his or her estate or those entitled thereto, within
the time period required in [paragraph (a) of this subdivision] SUBPARA-
GRAPH ONE OF THIS PARAGRAPH, no public assistance shall  be  recoverable
under  this section for the previous two fiscal years. In the event that
a biennial accounting is not issued and mailed to the last known address
of the person [giving] WHO GAVE such deed or  mortgage  or  his  or  her
estate  or  those  entitled  thereto, within the time period required in
[paragraph (a) of this subdivision] SUBPARAGRAPH ONE OF THIS  PARAGRAPH,
and  such  person  has  received no recoverable public assistance in the
district's most recent fiscal year, no public assistance shall be recov-
erable under this section for the most recent  two  fiscal  years  where
public assistance remains recoverable.
  [6.  (a)  (1)]  (D)  (1)  A.  Until such property or mortgage is sold,
assigned or foreclosed pursuant to law by the social services  official,
the person [giving] WHO GAVE such deed or mortgage, or his OR HER estate
or  those  entitled  thereto,  may redeem the same by the payment of all
expenses incurred for the support of the person,  and  for  repairs  and
taxes  paid  on such property, provided, however, that a social services
official may enter into a contract for such redemption, subject  to  the

A. 9006--B                         166

provisions  of  this [paragraph] SUBPARAGRAPH, and containing such terms
and conditions, including  provisions  for  periodic  payments,  without
interest,  for  an  amount  less than the full expenses incurred for the
support  of  the  person and for repairs and taxes paid on such property
(hereinafter called a "lesser sum"), which lesser sum shall in no  event
be less than the difference between the appraised value of such property
and the total of the then unpaid principal balance of any recorded mort-
gages and the unpaid balance of sums secured by other liens against such
property.
  [(2)]  B.  In  the  case  of a redemption for a lesser sum, the social
services official shall obtain (i) an appraisal of  the  current  market
value  of such property, by an appraiser acceptable to both parties, and
(ii) a statement of the principal balance of any recorded  mortgages  or
other  liens  against  such  property (excluding the debt secured by the
deed, mortgage or lien of the social services  official).  Any  expenses
incurred  pursuant to this [paragraph] SUBPARAGRAPH shall be audited and
allowed in the same manner as other official expenses.
  [(3)] C. Every  redemption  contract  for  any  lesser  sum  shall  be
approved  by  the  department upon an application by the social services
official containing the appraisal and statement  required  by  [subpara-
graph  two]  CLAUSE  B  OF  THIS SUBPARAGRAPH, a statement by the social
services official of his OR HER reasons for entering into  the  contract
for such lesser sum and any other information required by regulations of
the department.
  [(4)]  D. So long as the terms of the approved redemption contract are
performed, no public sale of such property shall be held.
  [(5)] E. The redemption for a lesser sum shall reduce the claim of the
social services official against the recipient on the  implied  contract
under  section  one  hundred  four  of this [chapter] TITLE or under any
other law, to the extent of all sums paid in redemption.
  [(b)] (2) In order to allow  a  minimum  period  for  redemption,  the
social  services  official shall not sell the property or mortgage until
after the expiration of one year from the date he OR  SHE  received  the
deed or mortgage, but if unoccupied property has not been redeemed with-
in  six  months  from the date of death of the person who conveyed it to
him OR HER by deed the social  services  official  may  thereafter,  and
before the expiration of such year, sell the property.
  [(c)] (3) Except as otherwise provided in this chapter, upon the death
of  the  person or his OR HER receiving institutional care, if the mort-
gage has not been redeemed, sold or assigned, the social services  offi-
cial  may enforce collection of the mortgage debt in the manner provided
for the foreclosure of mortgages by action.
  [(d)](4) Provided the department shall  have  given  its  approval  in
writing,  the  social services official may, when in his OR HER judgment
it is advisable and in the public interest, release a part of the  prop-
erty  from  the lien of the mortgage to permit, and in consideration of,
the sale of such part by the owner and the application of  the  proceeds
to reduce said mortgage or to satisfy and discharge or reduce a prior or
superior mortgage.
  [(e)](5)  While  real  property covered by a deed or mortgage is occu-
pied, in whole or in part, by an aged,  blind  or  disabled  person  who
executed  such  deed or mortgage to the social services official for old
age assistance, assistance to the blind or aid to the  disabled  granted
to  such person before January first, nineteen hundred seventy-four, the
social services official shall  not  sell  the  property  or  assign  or
enforce  the mortgage unless it appears reasonably certain that the sale

A. 9006--B                         167

or other disposition of  the  property  will  not  materially  adversely
affect  the  welfare  of  such person. After the death of such person no
claim for assistance granted him OR HER shall be  enforced  against  any
real property while it is occupied by the surviving spouse.
  [(f)](6)  Except as otherwise provided, upon the death of a person who
executed a lien to the social services official in return  for  old  age
assistance, assistance to the blind or aid to the disabled granted prior
to  January first, nineteen hundred seventy-four, or before the death of
such person if it appears reasonably certain  that  the  sale  or  other
disposition  of  the  property  will not materially adversely affect the
welfare of such person, the social services official  may  enforce  such
lien  in the manner provided by article three of the lien law. After the
death of such person the lien may not be enforced against real  property
while it is occupied by the surviving spouse.
  [7.](E)  The  sale  of any parcel of real property or mortgage on real
property by the social services official, under the provisions  of  this
section,  shall  be made at a public sale, held at least two weeks after
notice thereof shall have been published in a newspaper having a general
circulation in that section of the county in which the real property  is
located.  Such  notice  shall  specify the time and place of such public
sale and shall contain a brief description of the premises to  be  sold,
or  upon which the mortgage is a lien, as the case may be. Unless in the
judgment of the social services official, it  shall  be  in  the  public
interest  to  reject  all bids, such parcel or mortgage shall be sold to
the highest responsible bidder.
  [8.](F) It is permissible for social services officials to subordinate
a mortgage taken on behalf of the social services district  pursuant  to
this section. In the event that a social services official determines to
subordinate  a  mortgage,  or  lien, he or she shall do so within thirty
days of receipt of written notice that the mortgagor  is  attempting  to
modify  their  mortgage  that  is held by a mortgagee with superior lien
rights and subordination of the social services district's  mortgage  is
required  by  such  mortgagee in order for it to approve or complete the
modification.
  S 2. Section 360 of the social services law, as added by  chapter  722
of  the  laws  of 1951, subdivisions 1 and 3 as amended by section 92 of
part B of chapter 436 of the laws of 1997, subdivision 2 as  amended  by
chapter 909 of the laws of 1974, and subdivision 4 as amended by chapter
803 of the laws of 1959, is amended to read as follows:
  S  360.    Real  property of legally responsible relatives[; deeds and
mortgages may be required].  [1.]  The ownership of real property by  an
applicant  or  applicants, recipient or recipients who is or are legally
responsible relatives of the child or children  for  whose  benefit  the
application  is  made  or  the aid is granted, whether such ownership be
individual or joint as tenants in common, tenants  by  the  entirety  or
joint  tenants,  shall not preclude the granting of family assistance or
the continuance thereof if he or they are without the necessary funds to
maintain himself, herself or themselves  and  such  child  or  children.
[The  social  services official may, however, require, as a condition to
the granting of aid or the continuance thereof, that he or she be  given
a  deed  of  or  a  mortgage  on  such  property  in accordance with the
provisions of section one hundred six.
  2.  However, while the property covered by the  deed  or  mortgage  is
occupied, in whole or in part, by the responsible relative who gave such
deed  or  mortgage  to  the  social services official or, by a child for
whose benefit the aid was granted the social services official shall not

A. 9006--B                         168

sell the property or assign or enforce the mortgage without the  written
consent  of  the  department; and, when the property is occupied by such
child, such consent shall not be  given  unless  it  appears  reasonably
certain  that  the  sale  or  other disposition of the property will not
materially adversely affect the welfare of such child.
  3.  The net amount recovered by the social  services  department  from
such  property, less any expenditures approved by the department for the
burial of the relative or the child who dies while  in  receipt  of  aid
under  this  title, shall be used to repay the social services district,
the state and the federal government their proportionate  share  of  the
cost of family assistance granted.  The state and federal share shall be
paid  by  the  social  services district to the state and the manner and
amount of such payment shall be determined in accordance with the  regu-
lations of the department.
  4.  If any balance remains it shall belong to the estate of the legal-
ly  responsible  relative  or  relatives and the public welfare district
shall forthwith credit the same accordingly, and, provided they claim it
within four years thereafter, pay it to the  persons  entitled  thereto.
If not so claimed within four years it shall be deemed abandoned proper-
ty  and  be  paid  to the state comptroller pursuant to section thirteen
hundred five of the abandoned property law.
  5.  The proceeds or moneys due the United  States  shall  be  paid  or
reported in such manner and at such times as the federal security agency
or other authorized federal agency may direct.]
  S 3. This act shall take effect April 1, 2016.

                                SUBPART C

  Section  1.  Subdivision 1 of section 36-c of the social services law,
as added by section 1 of part K of chapter 58 of the laws  of  2010,  is
amended to read as follows:
  1.  Notwithstanding any other provision of law to the contrary, in any
social services district with a city having a population of one  million
or  more,  the  social  services  district shall conduct a demonstration
project as set forth in this section[, and shall evaluate and report  on
such project, pursuant to a plan approved by the office of temporary and
disability  assistance and the division of budget prior to the implemen-
tation of the project].
  S 2. Paragraph c of section 2 of part K of chapter 58 of the  laws  of
2010  amending  the  social  services  law  relating to establishing the
savings plan demonstration project, is amended to read as follows:
  c. this act shall expire and be deemed repealed March 31, [2016] 2018.
  S 3. This act shall take effect immediately; provided,  however,  that
the  amendment  to  subdivision 1 of section 36-c of the social services
law made by section one of this act shall not affect the  expiration  of
such section and shall be deemed to expire therewith.

                                SUBPART D

  Section  1. The social services law is amended by adding a new section
131-bb to read as follows:
  S 131-BB. FAMILY EVICTION PREVENTION SUPPLEMENT PROGRAM.  1.    FAMILY
EVICTION   PREVENTION  SUPPLEMENT  PROGRAM.  NOTWITHSTANDING  ANY  OTHER
PROVISION OF LAW TO THE CONTRARY, A SOCIAL SERVICES DISTRICT IN  A  CITY
WITH  A  POPULATION  IN EXCESS OF ONE MILLION IS AUTHORIZED TO OPERATE A

A. 9006--B                         169

SHELTER ALLOWANCE SUPPLEMENT PROGRAM TO  PREVENT  EVICTION  OF  FAMILIES
WITH CHILDREN IN ACCORDANCE WITH THIS SECTION.
  2.  SHELTER ALLOWANCE SUPPLEMENT. SUCH PROGRAM SHALL PROVIDE A SHELTER
ALLOWANCE SUPPLEMENT IN AN AMOUNT UP TO THE MAXIMUM AMOUNT OF  THE  FAIR
MARKET RENT IN THE DISTRICT, AS ESTABLISHED BY THE UNITED STATES DEPART-
MENT  OF HOUSING AND URBAN DEVELOPMENT, FOR THE HOUSEHOLD COMPOSITION OF
ELIGIBLE INDIVIDUALS AS DEFINED IN SUBDIVISION THREE  OF  THIS  SECTION.
THE  AMOUNT  PROVIDED FOR SUCH SHELTER ALLOWANCE SUPPLEMENT SHALL NOT BE
INCLUDED IN THE STANDARD OF NEED  AS  PRESCRIBED  BY  PARAGRAPH  (B)  OF
SUBDIVISION TEN OF SECTION ONE HUNDRED THIRTY-ONE-A OF THIS TITLE.
  3.  ELIGIBILITY. THE SHELTER ALLOWANCE SUPPLEMENT SHALL BE MADE AVAIL-
ABLE TO INDIVIDUALS RESIDING IN SUCH CITY WHO ARE  NEEDY  FAMILIES  WITH
CHILDREN WHO ARE ELIGIBLE FOR FAMILY ASSISTANCE OR SAFETY NET ASSISTANCE
WHO:
  A.  MAY  LOSE  OR  HAVE  RECENTLY LOST HOUSING ACCOMMODATIONS DUE TO A
PENDING OR RECENT EVICTION; OR
  B. HAVE BONA FIDE RENT ARREARS; OR
  C. ARE VICTIMS OF DOMESTIC VIOLENCE AS DEFINED IN SUBDIVISION  ONE  OF
SECTION  FOUR HUNDRED FIFTY-NINE-A OF THIS CHAPTER, WHO ARE ELIGIBLE FOR
SERVICES PURSUANT TO SECTION FOUR HUNDRED FIFTY-NINE-B OF THIS CHAPTER.
  4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE  SUCH  SOCIAL
SERVICES  DISTRICT  TO OPERATE OR MAINTAIN ANY SHELTER ALLOWANCE SUPPLE-
MENT PROGRAM TO PREVENT EVICTION, OR TO LIMIT OTHER MEANS AVAILABLE  FOR
PROVIDING  SHELTER  ALLOWANCE  SUPPLEMENTS  OR  OPERATING  OTHER SHELTER
ALLOWANCE SUPPLEMENT PROGRAMS TO PREVENT EVICTION, OR TO CREATE AN ENTI-
TLEMENT TO ANY SHELTER ALLOWANCE SUPPLEMENT PROVIDED IN ACCORDANCE  WITH
THIS SECTION.
  5.  EXPENDITURES  FOR  THE OPERATION OF A SHELTER ALLOWANCE SUPPLEMENT
PROGRAM IN A CITY WITH A POPULATION IN EXCESS OF ONE  MILLION  SHALL  BE
SUBJECT  TO  REIMBURSEMENT  BY  THE STATE IN ACCORDANCE WITH SECTION ONE
HUNDRED FIFTY-THREE OF THIS ARTICLE.
  S 2. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or subpart of this act shall be adjudged by any  court  of
competent  jurisdiction  to be invalid, such judgement shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or subpart thereof directly involved in the controversy  in  which  such
judgement  shall  have  been  rendered.  It is hereby declared to be the
intent of the legislature that this act would have been enacted even  if
such invalid provisions had not been included herein.
  S  3.  This act shall take effect immediately, provided, however, that
the applicable effective date of Subparts A through D of this act  shall
be as specifically set forth in the last section of such Subparts.

                                 PART T

  Section  1.  This act enacts into law major components of legislation.
Each component is  wholly  contained  within  a  Subpart  identified  as
Subparts  A  through E. The effective date for each particular provision
contained within such Subpart is set forth in the last section  of  such
Subpart.  Any  provision  in  any  section  contained  within a Subpart,
including the effective date of the Subpart, which makes references to a
section "of this act", when used  in  connection  with  that  particular
component,  shall  be  deemed  to  mean  and  refer to the corresponding

A. 9006--B                         170

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

                                SUBPART A

  Section  1. Subdivision 1 of section 336-a of the social services law,
as amended by section 4 of part J of chapter 58 of the laws of 2014,  is
amended to read as follows:
  1.  Social  services  districts shall make available vocational educa-
tional training and educational activities.  Such activities [may] SHALL
include but need not be limited to, high school education  or  education
designed  to prepare a participant for a high school equivalency certif-
icate, basic and remedial education, education  in  English  proficiency
and  no  more than a total of four years of post-secondary education (or
the part-time  equivalent).  Educational  activities  pursuant  to  this
section  may  be  offered with any of the following providers which meet
the performance or assessment standards established  in  regulations  by
the commissioner for such providers: a community college, licensed trade
school,  registered business school, or a two-year or four-year college;
provided, however, that such post-secondary education must be  necessary
to the attainment of the participant's individual employment goal as set
forth  in  the  employability plan and such goal must relate directly to
obtaining useful employment in a recognized occupation. When making  any
assignment  to  any  educational  activity pursuant to this subdivision,
such assignment shall be permitted only to the extent that such  assign-
ment  is consistent with the individual's assessment and employment plan
goals in accordance with sections three hundred  thirty-five  and  three
hundred  thirty-five-a of this title and shall require that the individ-
ual maintains satisfactory academic progress and hourly participation is
documented consistent with federal and state requirements. For  purposes
of  this  provision "satisfactory academic progress" shall mean having a
cumulative C average, or its equivalent, as determined by  the  academic
institution.  The requirement to maintain satisfactory academic progress
may be waived if done so by the  academic  institution  and  the  social
services  district  based on undue hardship caused by an event such as a
personal injury or illness of the student, the death of  a  relative  of
the  student or other extenuating circumstances. Any enrollment in post-
secondary education beyond a twelve month period must be  combined  with
no  less  than  twenty  hours  of  participation averaged weekly in paid
employment or work activities or community service when paid  employment
is not available.
  S 2. Section 336 of the social services law is amended by adding a new
subdivision 9 to read as follows:
  9.  FOR ANY PARTICIPANT ENGAGED IN AN EDUCATIONAL OR TRAINING ACTIVITY
PURSUANT TO PARAGRAPHS (H), (I), (J), (K) OR (N) OF SUBDIVISION  ONE  OF
THIS  SECTION, HOMEWORK EXPECTED OR REQUIRED BY THE EDUCATIONAL INSTITU-
TION, INCLUDING UP TO ONE HOUR OF  UNSUPERVISED  HOMEWORK  PER  HOUR  OF
CLASS  TIME,  PLUS ADDITIONAL HOURS OF HOMEWORK SUPERVISED BY THE EDUCA-
TIONAL INSTITUTION, SHALL COUNT  TOWARDS  SATISFACTION  OF  THE  PARTIC-
IPANT'S  WORK ACTIVITY REQUIREMENTS UNDER THIS TITLE, TO THE EXTENT THAT
SUCH PARTICIPATION SHALL NOT IMPAIR THE  NEED  OF  THE  SOCIAL  SERVICES
DISTRICT  TO MEET FEDERAL AND STATE WORK ACTIVITY PARTICIPATION REQUIRE-
MENTS.
  S 3. This act shall take effect April 1, 2016.

                                SUBPART B

A. 9006--B                         171

  Section 1. Section 332-b of the social  services  law  is  amended  by
adding two new subdivisions 4-a and 4-b to read as follows:
  4-A.  IF  THE PRACTITIONER TO WHOM THE INDIVIDUAL IS REFERRED PURSUANT
TO SUBDIVISION FOUR OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS  SECTION
ISSUES AN OPINION THAT DIFFERS FROM THE APPLICANT'S TREATING HEALTH CARE
PRACTITIONER, THE PRACTITIONER MUST PROVIDE AN EXPLICIT WRITTEN DETERMI-
NATION  AS TO WHY THE PRACTITIONER DISAGREES WITH THE APPLICANT'S TREAT-
ING HEALTH CARE  PRACTITIONER'S  DISABILITY  DETERMINATION  AND  PRESENT
EVIDENCE THAT SUPPORTS THE OPINION.
  4-B.  IN THE EVENT THE PRACTITIONER TO WHOM THE INDIVIDUAL IS REFERRED
PURSUANT TO SUBDIVISION FOUR OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS
SECTION ISSUES AN OPINION THAT DIFFERS  FROM  THE  APPLICANT'S  TREATING
HEALTH CARE PRACTITIONER'S OPINION, THE APPLICANT'S TREATING HEALTH CARE
PRACTITIONER'S  OPINION  IS  GENERALLY  CONTROLLING, SUBJECT TO, BUT NOT
LIMITED TO, THE FOLLOWING FACTORS:
  (A) THE LENGTH AND FREQUENCY OF THE TREATMENT PROVIDED,
  (B) CONSISTENCY OF THE OPINION WITH THE RECORD AS A WHOLE,
  (C) THE DEGREE TO WHICH THE OPINION IS SUPPORTED BY CONCRETE EVIDENCE,
AND
  (D) THE PRACTITIONER'S SPECIALTY.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

                                SUBPART C

  Section  1. Subdivision 2 of section 410-x of the social services law,
as amended by chapter 416 of the laws of 2000, is  amended  to  read  as
follows:
  2.  (a)  A  social  services district may establish priorities for the
families which will be eligible to receive funding;  provided  that  the
priorities  provide that eligible families will receive equitable access
to child care assistance funds to the extent that these funds are avail-
able.
  (b) A social services district shall  set  forth  its  priorities  for
child  care assistance in the district's consolidated services plan. The
commissioner of the office of children and  family  services  shall  not
approve  any  plan  that  does not provide for equitable access to child
care assistance funds.
  (c) A social services  district  shall  be  authorized  to  set  aside
portions  of  its  block  grant  allocation  to serve one or more of its
priority groups and/or to discontinue funding  to  families  with  lower
priorities  in  order to serve families with higher priorities; provided
that the method of disbursement to priority groups provides that  eligi-
ble  families  within  a priority group will receive equitable access to
child care assistance funds to the extent that these  funds  are  avail-
able.
  (d)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER IN ANY SOCIAL SERVICES DISTRICT THAT DOES NOT  HAVE  SUFFI-
CIENT  FUNDING  TO SERVE ALL ELIGIBLE WORKING FAMILIES UNDER TWO HUNDRED
PERCENT OF THE STATE INCOME STANDARD, SHALL OFFER THE TWELVE MONTH  WORK
EXEMPTION  PROVIDED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE
HUNDRED THIRTY-TWO OF THIS CHAPTER, TO ALL PARENTS OR OTHER RELATIVES IN
RECEIPT OF PUBLIC ASSISTANCE WHO ARE PERSONALLY  PROVIDING  CARE  FOR  A
CHILD  UNDER  ONE YEAR OF AGE REGARDLESS OF WHETHER SUCH PARENT OR OTHER
RELATIVE HAS PREVIOUSLY BEEN OFFERED AN  EXEMPTION  UNDER  SUCH  SECTION

A. 9006--B                         172

THREE  HUNDRED  THIRTY-TWO.  THIS SECTION SHALL NOT APPLY TO INDIVIDUALS
WHO:
  (I)  SOLELY PARTICIPATE IN WORK ACTIVITIES THAT PROVIDE EARNED INCOME;
OR
  (II) PARTICIPATE IN A COMBINATION OF WORK ACTIVITIES; FOR THE  PORTION
OF WORK ACTIVITIES THAT PROVIDE EARNED INCOME.
  (E)  IN  THE  EVENT  THAT  A SOCIAL SERVICES DISTRICT MUST DISCONTINUE
FUNDING TO A PRIORITY GROUP IT SHALL NOTIFY THE OFFICE OF  CHILDREN  AND
FAMILY  SERVICES WITHIN TEN DAYS OF SUCH ACTION, IDENTIFYING THE PARTIC-
ULAR GROUP AFFECTED. IN THE EVENT THAT FUNDING IS RESTORED,  THE  SOCIAL
SERVICES  DISTRICT  SHALL  NOTIFY  THE  OFFICE  OF  CHILDREN  AND FAMILY
SERVICES WITHIN TEN DAYS OF SUCH RESTORATION.
  (F) Each social services district shall  collect  and  submit  to  the
commissioner  of  the office of children and family services in a manner
to be specified by the commissioner of the office of children and family
services information concerning the disbursement of child  care  assist-
ance funds showing geographic distribution of children receiving assist-
ance within the district, THE NUMBER OF WORKING FAMILIES WHO WERE OTHER-
WISE  ELIGIBLE FOR CHILD CARE ASSISTANCE BUT WHO WERE DENIED BECAUSE THE
DISTRICT LACKED SUFFICIENT FUNDING TO SERVE ALL  ELIGIBLE  FAMILIES  AND
THE NUMBER AND AGE OF CHILDREN WHO COULD NOT BE SERVED AS A RESULT.
  [(e)]  (G)  The  commissioner  of  the  office  of children and family
services shall submit a report to the governor, temporary  president  of
the  senate  and the speaker of the assembly on or before August thirty-
first[, two thousand one] OF EVERY YEAR concerning the implementation of
this section. This  report  shall  include  information  concerning  the
disbursement  of child care assistance funds showing geographic distrib-
ution of children  receiving  assistance  within  the  state.  BEGINNING
AUGUST  THIRTY-FIRST,  TWO  THOUSAND  SEVENTEEN,  SUCH  REPORT, AND EACH
SUBSEQUENT REPORT THEREAFTER, SHALL ALSO:
  (I) IDENTIFY THE COUNTIES THAT HAVE DISCONTINUED OR  RESTORED  FUNDING
TO PRIORITY GROUPS, AS SET FORTH IN SUBDIVISION (E) OF THIS SECTION;
  (II) LIST THE PRIORITY GROUPS AFFECTED;
  (III) PROVIDE FOR EACH COUNTY FOR EACH OF THE TWELVE MONTHS COVERED BY
THIS  REPORT  THE NUMBER OF WORKING FAMILIES WHO WERE OTHERWISE ELIGIBLE
FOR CHILD CARE ASSISTANCE BUT  WHO  WERE  DENIED  BECAUSE  THE  DISTRICT
LACKED SUFFICIENT FUNDING TO SERVE ALL ELIGIBLE FAMILIES; AND
  (IV)  THE  NUMBER  AND  AGE  OF  CHILDREN WHO COULD NOT BE SERVED AS A
RESULT.
  S 2. This act shall take effect immediately.

                                SUBPART D

  Section 1. Section 341 of the social services law is REPEALED.
  S 2. Section 341-a of the social services law, as added by chapter 562
of the laws of 2015, is amended to read as follows:
  S [341-a] 341.  Re-engagement; conciliation; refusal  to  participate.
1.  [The provisions of this section shall apply to persons who are resi-
dents of a city having a population of one million or more people.
  2.] (a) Consistent with federal law and regulations and this title, if
a participant has failed or refused to comply with the  requirements  of
this  title and the district has determined that he or she is not exempt
from such requirements and has verified  that  appropriate  child  care,
transportation,  and  accommodations for disability were in place at the
time of such failure or refusal,  the  social  services  district  shall
issue  a  re-engagement  notice  in  plain language indicating that such

A. 9006--B                         173

failure or refusal has taken place and of the right of such  participant
to  avoid a pro-rata reduction in public assistance benefits through the
re-engagement process. "Re-engagement process" shall  mean  the  process
through  which  a  participant  may avoid a pro-rata reduction in public
assistance benefits by agreeing to comply with the requirements of  this
title consistent with any medical condition which may limit the individ-
ual's  ability  to  participate  in  work  activities,  by notifying the
district that he or she has become exempt from the requirements of  this
title,  or  by  resolving  the  reasons for such failure or refusal at a
conciliation conference. The notice shall indicate that the  participant
has  ten  days  to  request  re-engagement with the district. The notice
shall indicate the specific instance or instances of willful refusal  or
failure to comply without good cause with the requirements of this title
and  the  necessary  actions  that  must  be  taken  to avoid a pro-rata
reduction in public assistance benefits and the  district  has  verified
that appropriate child care, transportation and accommodations for disa-
bility were in place at the time of such failure or refusal.
  (1)  If  a participant chooses to avoid a pro-rata reduction in public
assistance benefits through a conciliation conference, it  will  be  the
responsibility  of  the  participant to give reasons for such failure or
refusal. The re-engagement notice shall also include an  explanation  in
plain  language  of  what would constitute good cause for non-compliance
and examples of  acceptable  forms  of  evidence  that  may  warrant  an
exemption from work activities, including evidence of domestic violence,
and  physical  or  mental health limitations that may be provided at the
conciliation conference to demonstrate such good cause  for  failure  to
comply with the requirements of this title. Unless as part of the re-en-
gagement  process  the  participant  does  not  agree to comply, has not
become exempt or the district determines as a result of the conciliation
conference that such failure or refusal was  willful  and  without  good
cause, no further action shall be taken.
  (2)  If  the participant does not contact the district within ten days
of the re-engagement notice, the district shall make a finding of wheth-
er the alleged failure or refusal to comply was willful and without good
cause and shall consider any evidence in the possession of the  district
indicating that the participant has good cause and if the participant is
otherwise participating in work activities, there shall be no finding of
willfulness  without good cause based on a single appointment or infrac-
tion.
  (b) If the district determines that such failure or refusal was  will-
ful  and  without good cause, and that the individual is not exempt from
the requirements of this title, the district shall notify  such  partic-
ipant  in  writing,  in plain language and in a manner distinct from any
previous notice, by issuing ten days notice of its intent to discontinue
or reduce assistance. Such notice shall include  the  reasons  for  such
determination,  the specific instance or instances of willful refusal or
failure to comply without good  cause  with  the  requirements  of  this
title,  shall  verify  that  appropriate  child care, transportation and
accommodations for disability were in place at the time of such  failure
or  refusal,  and  specify  the  necessary actions that must be taken to
avoid a pro-rata reduction  in  public  assistance  benefits,  including
agreeing  to  comply with the requirements of this title consistent with
any medical condition  which  may  limit  the  individual's  ability  to
participate  in work activities or notifying the district that he or she
has become exempt from the requirements of this title and the right to a
fair hearing relating to such discontinuance or reduction.

A. 9006--B                         174

  [3.] 2. (a) The department shall establish  in  regulation  a  concil-
iation  procedure  for the resolution of disputes related to an individ-
ual's participation in programs pursuant to this title.
  (b)  The  district shall contract with an independent entity, approved
by the department, or shall use designated trained staff at the supervi-
sory level who have no direct responsibility for the participant's  case
to mediate disputes in the conciliation conference.
  (c) If a participant's dispute cannot be resolved through such concil-
iation  procedure,  an opportunity for a fair hearing shall be provided.
No sanction relating to the subject dispute may be  imposed  during  the
re-engagement process.
  [4.]  3.  When  any participant required to participate in work activ-
ities fails to comply with the provisions  of  this  title,  the  social
services  district  shall take such actions as prescribed by appropriate
federal law and regulation and this title.
  [5.] 4. Consistent with federal law and this title, a social  services
district shall provide to those participants whose failure to comply has
continued  for thirty days or longer a written reminder of the option to
end a sanction by terminating the failure  to  comply  as  specified  in
subdivision [two] ONE of this section. Such notice shall advise that the
participant may immediately terminate the sanction by either agreeing to
comply  with  the requirements of this title consistent with any medical
condition which may limit the individual's  ability  to  participate  in
work  activities  or  notifying  the  district that he or she has become
exempt from the requirements of this title.
  [6.] 5. Consistent with federal law and regulation and this title,  no
notice  shall  be  issued  as specified in subdivision [two] ONE of this
section unless it has been determined that the individual is not  exempt
from  the requirements of this title and has determined that appropriate
child care, transportation and accommodations  for  disability  were  in
place at the time of such failure or refusal to comply with the require-
ments  of  this  title  and  no  action  shall be taken pursuant to this
section for failure to participate in the program or refusal  to  accept
employment if:
  (a)  child  care  for  a child under age thirteen (or day care for any
incapacitated individual living in the same home as a  dependent  child)
is  necessary for an individual to participate or continue participation
in activities pursuant to this title or accept employment and such  care
is  not available and the social services district fails to provide such
care;
  (b) (1) the employment would result in the family of  the  participant
experiencing a net loss of cash income; provided, however, a participant
may  not  claim  good  cause under this paragraph if the social services
district assures that the family will not experience a net loss of  cash
income by making a supplemental payment;
  (2)  net loss of cash income results if the family's gross income less
necessary work-related expenses is less than  the  cash  assistance  the
participant  was  receiving at the time the offer of employment is made;
or
  (c) the participant meets other grounds for good cause  set  forth  by
the  department  in  its  implementation plan for this title which, at a
minimum, must describe what circumstances beyond the household's control
will constitute "good cause".
  S 3. Section 342 of the social services law is REPEALED.
  S 4. Section 342-a of the social services law, as added by chapter 562
of the laws of 2015, is amended to read as follows:

A. 9006--B                         175

  S [342-a] 342.  Noncompliance with the requirements of this title.  1.
[The provisions of this section shall apply to persons who are residents
of a city having a population of one million or more people.
  2.]  In  accordance  with the provisions of this section an individual
who is required to participate in work activities shall be ineligible to
receive public assistance if he or she fails  to  comply,  without  good
cause,  with  the requirements of this title and the district has deter-
mined that he or she is not exempt from such requirements and has  veri-
fied that appropriate child care, transportation, and accommodations for
disability  were  in place at the time of such failure or refusal.  Such
ineligibility shall be for the  amount  and  period  specified  in  this
section.  Good cause for failing to comply with the requirements of this
title shall be defined in  department  regulations,  provided,  however,
that the parent or caretaker relative of a child under thirteen years of
age shall not be subject to the ineligibility provisions of this section
if the individual can demonstrate, in accordance with the regulations of
the office of children and family services, that lack of available child
care  prevents such individual from complying with the work requirements
of this title. The parent or caretaker relative shall be responsible for
locating the child care needed to meet the work requirements;  provided,
however,  that  the  relevant  social  services district shall provide a
parent or caretaker relative who demonstrates  an  inability  to  obtain
needed  child care with a choice of two providers, at least one of which
will be a regulated provider.
  [3.] 2. In the case of an applicant for or recipient of public assist-
ance whom the district has determined is not exempt  from  the  require-
ments  of  this  title  and  who is a parent or caretaker of a dependent
child, the public assistance benefits otherwise available to the  house-
hold  of  which  such  individual  is a member shall be reduced pro-rata
until the individual is willing to comply with the requirements of  this
title consistent with any medical condition which may limit the individ-
ual's ability to participate in work activities.
  [4.]  3.  In  the case of an individual who is a member of a household
without dependent children whom  the  district  has  determined  is  not
exempt from the requirements of this title and who is applying for or in
receipt  of safety net assistance, the public assistance benefits other-
wise available to the household of which such  individual  is  a  member
shall  be  reduced  pro-rata until the failure or refusal to comply with
the requirements of this title consistent  with  any  medical  condition
which  may  limit the individual's ability to participate in work activ-
ities ceases.
  [5.] 4. A recipient of public assistance whom the district has  deter-
mined is not exempt from the requirements of this title and who quits or
reduces his hours of employment without good cause or due to any medical
condition  which  may  limit  the individual's ability to participate in
work activities shall be considered to have failed to  comply  with  the
requirements  of  this article and shall be subject to the provisions of
this section.
  [6.] 5. A person described in paragraph (b) of  subdivision  seven  of
section  one hundred fifty-nine of this chapter may not be sanctioned if
his or her failure to comply with requirements of this title is  related
to his or her health status.
  S 5. This act shall take effect April 1, 2016.

                                SUBPART E

A. 9006--B                         176

  Section 1. Section 131 of the social services law is amended by adding
a new subdivision 21 to read as follows:
  21.   IN  ADDITION  TO  ANY  REQUIREMENTS  IN  SECTION  THREE  HUNDRED
THIRTY-TWO-B OF THIS CHAPTER, IF AT ANY TIME  A  LOCAL  SOCIAL  SERVICES
DISTRICT  HAS  REASON  TO  BELIEVE THAT AN APPLICANT FOR OR RECIPIENT OF
PUBLIC ASSISTANCE HAS A DISABILITY, WHICH MAY BE EVIDENCED BY  THE  FACT
THAT  AN  INDIVIDUAL  HAS  FAILED  TO  SUCCESSFULLY COMPLETE THE PROCESS
REQUIRED TO RECEIVE OR CONTINUE TO RECEIVE PUBLIC ASSISTANCE, SUCH LOCAL
SOCIAL SERVICES DISTRICT SHALL OFFER REASONABLE ACCOMMODATIONS TO ASSIST
THE INDIVIDUAL  IN  SUCCESSFULLY  COMPLETING  SUCH  PROCESSES.  FOR  THE
PURPOSES  OF  THIS SUBDIVISION, "DISABILITY" SHALL HAVE THE SAME MEANING
AS SET FORTH IN SUBDIVISION FIVE OF SECTION THREE HUNDRED THIRTY OF THIS
CHAPTER.
  S 2. Subdivision 5 of section 330 of the social services law is renum-
bered subdivision 9 and four new subdivisions 5, 6, 7, and 8  are  added
to read as follows:
  5.  "DISABILITY"  SHALL  MEAN  A  PHYSICAL  OR  MENTAL IMPAIRMENT THAT
SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE ACTIVITY OF AN INDIVIDUAL.
  6. "MAJOR LIFE ACTIVITY" SHALL INCLUDE BUT NOT BE LIMITED TO ANY PHYS-
IOLOGICAL DISORDER OR CONDITION, COSMETIC DISFIGUREMENT,  OR  ANATOMICAL
LOSS  AFFECTING  ONE  OR MORE BODY SYSTEMS, SUCH AS NEUROLOGICAL, MUSCU-
LOSKELETAL, SPECIAL SENSE ORGANS, RESPIRATORY (INCLUDING SPEECH ORGANS),
CARDIOVASCULAR, REPRODUCTIVE, DIGESTIVE, GENITOURINARY, IMMUNE, CIRCULA-
TORY, HEMIC, LYMPHATIC, SKIN AND ENDOCRINE, AS WELL  AS  ANY  MENTAL  OR
PSYCHOLOGICAL  DISORDER,  SUCH AS INTELLECTUAL DISABILITY, ORGANIC BRAIN
SYNDROME, EMOTIONAL OR MENTAL ILLNESS, AND SPECIFIC  LEARNING  DISABILI-
TIES.
  7.  "MAJOR  LIFE  FUNCTION" SHALL INCLUDE BUT NOT BE LIMITED TO CARING
FOR ONESELF, PERFORMING MANUAL TASKS, SEEING, HEARING, EATING, SLEEPING,
WALKING,  STANDING,  SITTING,  REACHING,  LIFTING,  BENDING,   SPEAKING,
BREATHING,  LEARNING,  READING,  CONCENTRATING, THINKING, COMMUNICATING,
INTERACTING WITH OTHERS, WORKING, AS WELL  AS  THE  OPERATION  OF  MAJOR
BODILY  FUNCTIONS,  INCLUDING  FUNCTIONS  OF  THE IMMUNE SYSTEM, SPECIAL
SENSE ORGANS AND SKIN, NORMAL  CELL  GROWTH,  DIGESTIVE,  GENITOURINARY,
BOWEL,  BLADDER,  NEUROLOGICAL, BRAIN, RESPIRATORY, CIRCULATORY, CARDIO-
VASCULAR, ENDOCRINE, HEMIC, LYMPHATIC, MUSCULOSKELETAL, AND REPRODUCTIVE
FUNCTIONS.
  8. "EXECUTIVE FUNCTION" SHALL MEAN A SET OF MENTAL  SKILLS  AND  PROC-
ESSES  UTILIZED  IN  AN INDIVIDUAL'S DAILY ACTIVITIES, INCLUDING BUT NOT
LIMITED TO, IMPULSE CONTROL, WORKING MEMORY AND MENTAL FLEXIBILITY.
  S 3. Section 332-b of the social services law, as added by section 148
of part B of chapter 436 of the laws of 1997, paragraph (b) of  subdivi-
sion 2 as amended by chapter 214 of the laws of 1998, is amended to read
as follows:
  S  332-b.  Disability  program.  1. (a) Upon application and recertif-
ication for public assistance  benefits,  or  whenever  a  district  has
reason  to believe that a [physical or mental impairment] DISABILITY may
prevent the individual from SUCCESSFULLY COMPLETING ANY PROCESS REQUIRED
TO RECEIVE OR CONTINUE TO RECEIVE PUBLIC ASSISTANCE OR fully engaging in
work activities, the social services district shall inquire whether  the
individual  has any [medical condition] DISABILITY which would limit the
individual's ability to SUCCESSFULLY COMPLETE ANY  PROCESS  REQUIRED  TO
RECEIVE  OR CONTINUE TO RECEIVE PUBLIC ASSISTANCE OR participate in work
activities pursuant to this title.
  (b) An individual who is  eligible  to  receive  comprehensive  health
services through a special needs plan defined in paragraph (m) or (n) of

A. 9006--B                         177

subdivision  one  of section three hundred sixty-four-j of this chapter,
regardless of whether such a  plan  is  operating  in  the  individual's
social  services district of residence, shall be considered disabled and
unable to engage in work activities or shall be considered work-limited.
  (C)  A LOCAL SOCIAL SERVICES DISTRICT THAT UTILIZES A SCREENING OR ANY
OTHER FORM OF ASSESSMENT TO DETERMINE WHETHER OR NOT AN INDIVIDUAL HAS A
DISABILITY SHALL NOT CONDITION THE ELIGIBILITY OF BENEFITS ON THE  WILL-
INGNESS  OR  FAILURE  OF  AN  INDIVIDUAL  TO  COMPLETE SUCH SCREENING OR
ASSESSMENT. ANY SCREENING  OR  ASSESSMENT  OFFERED  IN  A  LOCAL  SOCIAL
SERVICES  DISTRICT SHALL BE COMPLETED SOLELY AT THE OPTION OF THE APPLI-
CANT FOR OR RECIPIENT OF BENEFITS AND SUCH APPLICANT OR RECIPIENT  SHALL
NOT  BE  DENIED,  SANCTIONED,  OR TERMINATED FROM BENEFITS ON THE GROUND
THAT HE OR SHE DECLINED TO COMPLETE  SUCH  ASSESSMENT  OR  SCREENING  OR
DECLINED  OR  FAILED  TO  PARTICIPATE IN OR OBTAIN A PROFESSIONAL EVALU-
ATION.
  2. (a) [Under the circumstances set forth in subdivision one  of  this
section,]  IF  AN  APPLICANT  FOR  OR RECIPIENT OF PUBLIC ASSISTANCE HAS
SELF-IDENTIFIED AS HAVING A DISABILITY, WRITTEN notice shall be provided
to the individual of the opportunity to provide,  within  [ten]  FIFTEEN
calendar  days,  any  relevant  medical documentation, including but not
limited to drug prescriptions and reports of the  individual's  treating
health  care  practitioner,  if  any;  such documentation must contain a
specific diagnosis as evidenced by medically appropriate tests or evalu-
ations and must particularize any work related limitations as  a  result
of any such diagnosis.
  (b)  If,  [prior  to  submitting his or her medical documentation, the
individual is referred to a health care practitioner  certified  by  the
office of disability determinations of the office of temporary and disa-
bility  assistance or, if applicable, to the contracted agency or insti-
tution by or with which such health care  practitioner  is  employed  or
affiliated  for  an  examination  pursuant  to  subdivision four of this
section, such individual shall make best efforts to bring such  documen-
tation  to the examination, and in no case shall provide such records to
the examining health care practitioner certified by the office of  disa-
bility  determinations  or,  if  applicable, to the contracted agency or
institution by or with which such health care practitioner  is  employed
or  affiliated  later  than  four  business days after such examination;
provided that the individual may demonstrate good cause  as  defined  in
regulations,  for  failure  to  provide such records within the specific
time periods] AT THE TIME SUCH WRITTEN NOTICE IS PROVIDED, THE  INDIVID-
UAL  DOES NOT HAVE ANY RELEVANT MEDICAL DOCUMENTATION DESCRIBED IN PARA-
GRAPH (A) OF THIS SUBDIVISION, THE INDIVIDUAL SHALL BE  REFERRED  TO  AN
INDEPENDENT  HEALTH  CARE  PRACTITIONER OR TO A HEALTH CARE PRACTITIONER
CERTIFIED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE  DETERMI-
NATIONS  FOR  AN  EXAMINATION  AS DESCRIBED IN SUBDIVISION THREE OF THIS
SECTION.
  [3.] (C) The district [may in its sole discretion] SHALL  accept  such
MEDICAL  documentation,  DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION,
THAT CONTAINS A SPECIFIC DIAGNOSIS AS EVIDENCED BY MEDICALLY APPROPRIATE
TESTS OR EVALUATIONS as sufficient evidence that the  individual  cannot
fully  engage  in  work  activities  and  in such case shall modify work
assignments consistent with the findings in such medical documents.
  3. THE HEALTH CARE PRACTITIONER WHO PERFORMS THE  PROFESSIONAL  EVALU-
ATION AS DESCRIBED IN PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
  (A)  REVIEW  AND  CONSIDER  ALL RECORDS OR INFORMATION PROVIDED BY THE
INDIVIDUAL OR ANY RECORDS OR  INFORMATION  THAT  ARE  PERTINENT  TO  THE

A. 9006--B                         178

CLAIMED  MEDICAL CONDITION PREVIOUSLY ON FILE WITH THE HEALTH CARE PRAC-
TITIONER IF SUCH HEALTH CARE PRACTITIONER IS  THE  INDIVIDUAL'S  PRIMARY
TREATING PHYSICIAN;
  (B) MAKE A SPECIFIC DIAGNOSIS AS TO WHETHER THE INDIVIDUAL HAS A DISA-
BLING  CONDITION  AS  EVIDENCED BY MEDICALLY APPROPRIATE TESTS OR EVALU-
ATIONS;
  (C) BASED ON THE HEALTH CARE PRACTITIONER'S SPECIFIC DIAGNOSIS, DETER-
MINE WHETHER THE INDIVIDUAL IS:
  (I) DISABLED AND UNABLE TO ENGAGE IN WORK ACTIVITIES PURSUANT TO  THIS
TITLE  INDEFINITELY  OR  FOR  A STATED PERIOD OF TIME, IN WHICH CASE THE
APPLICANT OR RECIPIENT SHALL BE EXEMPT IN ACCORDANCE WITH PARAGRAPH  (A)
OF SUBDIVISION ONE OF SECTION THREE HUNDRED THIRTY-TWO OF THIS TITLE;
  (II) DISABLED BUT ABLE TO ENGAGE IN WORK LIMITED ACTIVITIES WITH STAT-
ED LIMITATIONS PURSUANT TO THIS TITLE INDEFINITELY OR FOR A STATED PERI-
OD OF TIME;
  (III) DISABLED BUT ABLE TO FULLY ENGAGE IN WORK ACTIVITIES PURSUANT TO
THIS TITLE WITHOUT LIMITATIONS EITHER INDEFINITELY OR FOR A STATED PERI-
OD OF TIME; OR
  (IV) NOT DISABLED;
  (D)  RENDER  TO  THE INDIVIDUAL AND THE LOCAL SOCIAL SERVICES DISTRICT
WITHIN TEN DAYS OF THE INDIVIDUAL'S APPOINTMENT:
  (I) THEIR DETERMINATION BASED ON MEDICALLY APPROPRIATE TESTS OR EVALU-
ATIONS;
  (II) WHETHER SUCH INDIVIDUAL HAS A DISABILITY;
  (III) THE SEVERITY OF THE DISABILITY, IF ONE EXISTS;
  (IV) THE FUNCTIONAL LIMITATIONS RESULTING  FROM  THAT  DISABILITY,  IF
ANY; AND
  (V) WHAT ACCOMMODATIONS, IF ANY, ARE APPROPRIATE AND NECESSARY;
  (E) IN THE EVENT THAT THE HEALTH CARE PRACTITIONER IDENTIFIES A CONDI-
TION,  OTHER  THAN  THE  ALLEGED  CONDITION, THAT MAY INTERFERE WITH THE
INDIVIDUAL'S ABILITY TO SUCCESSFULLY NAVIGATE THE APPLICATION PROCESS OR
FULLY ENGAGE IN WORK ACTIVITIES,  THE  PRACTITIONER  SHALL  REPORT  SUCH
CONDITION TO THE INDIVIDUAL AND THE DISTRICT AS WELL; AND
  (F)  IF,  DURING  THE PROFESSIONAL EVALUATION IT IS DETERMINED THAT AN
INDIVIDUAL HAS A DISABILITY, THE DISTRICT SHALL  BE  REQUIRED  TO  OFFER
REASONABLE  ACCOMMODATIONS  NOT  ONLY  IN  THE  CONTEXT OF A RECIPIENT'S
REQUIRED WORK ACTIVITY, BUT ALSO  WITH  REGARDS  TO  ANY  OTHER  PROCESS
REQUIRED IN CONNECTION WITH RECEIVING PUBLIC ASSISTANCE.
  4.  [In  instances  where  the  district  determines  either  that the
documentation is insufficient to support an exemption from or limitation
on work activities or that further medical  evaluation  is  appropriate,
the individual shall be referred to a health care practitioner certified
by  the  Office of Disability Determinations of the Department of Social
Services for an examination of such individual's medical condition.
  The health care practitioner who performs the examination of the indi-
vidual shall:
  (a) review and consider all records or  information  provided  by  the
individual  or  his  or  her  treating health care practitioner that are
pertinent to the claimed medical condition;
  (b) make a specific diagnosis as evidenced  by  medically  appropriate
tests or evaluations in determination of the individual's claimed condi-
tion;
  (c)  render  to  the  individual  and the social services district, an
opinion, particularizing the presence or absence of the  alleged  condi-
tion; and

A. 9006--B                         179

  (d)  [In]  IN  the  event that he or she identifies a condition, other
than the alleged condition, that may  interfere  with  the  individual's
ability  to  fully  engage  in  work  activities, the practitioner shall
report such condition; and
  (e) determine whether the individual is:
  (i)  disabled and unable to engage in work activities pursuant to this
title for a stated period of time, in which case the applicant shall  be
exempt  in  accordance  with paragraph (a) of subdivision one of section
three hundred thirty-two of this title;
  (ii) for a stated period of time, not disabled, but work limited,  and
able  to  engage  in work activities pursuant to this title, with stated
limitations, or
  (iii) neither disabled nor work limited.
  5.] When an applicant or recipient has requested or a social  services
official  has  directed  a  determination  pursuant  to this section, no
assignment to work activities may  be  made  until  completion  of  such
determination,  unless  the  applicant  or recipient agrees to a limited
work assignment not inconsistent with the medical condition  alleged  by
such person.
  [6.]  5.  When  an applicant or recipient receives notification of the
examining medical professional's disability  determination,  he  or  she
shall  also  be  notified  of his or her right to request a fair hearing
within ten days of such notice. If such applicant timely requests a fair
hearing, no assignment to work activities pursuant to this title may  be
made  pending  such  hearing  and  determination unless the applicant or
recipient agrees to a limited work assignment not inconsistent with  the
medical condition alleged by such person.  [Provided, however, that if a
social  services  district  has reason to believe that such recipient or
applicant does not actually suffer from a work limiting  condition,  the
district  shall provide the applicant or recipient with notice of poten-
tial sanctions pursuant to subdivision three of  section  three  hundred
forty-two  of  this  title, and provided further that recipients will be
subject to sanctions pursuant to  subdivision  three  of  section  three
hundred  forty-two  of  this  title if the district determines, based on
clear medical evidence, that there is  no  basis  for  the  individual's
claim  that  he or she is unable to fully engage in work activities, and
that the individual intentionally  misrepresented  his  or  her  medical
condition.
  7.  Any  applicant or recipient determined to be work limited pursuant
to this section may be assigned to work activities  only  in  accordance
with  the  limitations  and  protections  set  forth in paragraph (e) of
subdivision five of section three hundred thirty-five-b of this title.]
  6. EVERY LOCAL SOCIAL SERVICES DISTRICT SHALL ENSURE  THAT  APPLICANTS
FOR  OR  RECIPIENTS  OF  PUBLIC  ASSISTANCE  WHO  HAVE  A DISABILITY ARE
PROVIDED REASONABLE ACCOMMODATIONS AS REQUIRED BY 42 U.S.C.    12101  ET
SEQ., 29 U.S.C.  794, ARTICLE FIFTEEN OF THE EXECUTIVE LAW, OR ANY OTHER
STATE OR FEDERAL LAW, RULE, OR REGULATION.
  S  4.  The section heading, subdivisions 1 and 2 of section 335 of the
social services law, the section heading and subdivision 2 as amended by
section 148 of part B of section 436 of the laws of 1997,  and  subdivi-
sion  1  as  amended  by chapter 214 of the laws of 1998, are amended to
read as follows:
  Assessments and employability plans for certain recipients [in  house-
holds with dependent children] OF PUBLIC ASSISTANCE.
  1.  Each  social services official shall ensure that each recipient of
public assistance who is [a member of a household with  dependent  chil-

A. 9006--B                         180

dren and is] eighteen years of age or older, or who is sixteen or seven-
teen  years  of  age  and  is not attending secondary school and has not
completed high school or a high school equivalency program, receives  an
assessment  of  employability  based  on  his  or her educational level,
including literacy and English language proficiency, basic skills profi-
ciency, ACCESS TO child care, ANY IDENTIFIED OR  KNOWN  DISABILITY  THAT
LIMITS  A  MAJOR  LIFE FUNCTION, NECESSARY AND REASONABLE ACCOMMODATIONS
REQUIRED  PURSUANT  TO  SUBDIVISION  SIX  OF   SECTION   THREE   HUNDRED
THIRTY-TWO-B  OF  THIS TITLE and other supportive services needs[; and],
skills, prior work experience, training  and  vocational  interests,  AS
WELL  AS  THE  PARTICIPANT'S  WORK  PREFERENCES.  This  assessment shall
include a review of family  circumstances  including  a  review  of  any
special  needs  of  a  child.  Such assessment shall be completed within
[ninety] THIRTY days of the date on  which  such  person  is  determined
eligible  for public assistance. An applicant for or recipient of public
assistance may be assigned to work activities  prior  to  completion  of
such  assessment,  PROVIDED THAT SUCH WORK ACTIVITY TAKES INTO CONSIDER-
ATION ANY NECESSARY  AND  REASONABLE  ACCOMMODATIONS  INDICATED  BY  THE
HEALTH  CARE PRACTITIONER'S DETERMINATION IN ACCORDANCE WITH SUBDIVISION
THREE OF THIS SECTION, OR ANY OTHER REASONABLE ACCOMMODATION REQUIRED IN
ACCORDANCE WITH SUBDIVISIONS TWO AND SIX OF SECTION THREE HUNDRED  THIR-
TY-TWO-B OF THIS TITLE.
  2.  (a)  Based  on  the assessment required by subdivision one of this
section, the social services official, in consultation with the  partic-
ipant,  shall  develop  an employability plan in writing which shall set
forth the services that will be provided by the  social  services  offi-
cial, including but not limited to child care and other services and the
activities in which the participant will take part, including child care
and  other  services  and  shall  set  forth  an employment goal for the
participant AND HOW THEIR ASSIGNED WORK  ACTIVITIES  AND  SERVICES  WILL
HELP  THEM ACHIEVE THAT GOAL. [To the extent possible, the] THE employa-
bility plan shall reflect the preferences of the participant in a manner
that is consistent with the results of the participant's assessment  and
the  need of the social services district to meet federal and state work
activity participation requirements, and, if such preferences cannot  be
accommodated,  the reasons shall be specified in the employability plan.
The employability plan shall also take into  account  the  participant's
supportive services needs, available program resources, local employment
opportunities,  and where the social services official is considering an
educational activity assignment for such participant, the  participant's
liability  for  student  loans,  grants  and scholarship awards. [The] A
WRITTEN COPY OF THE employability plan shall be explained  AND  PROVIDED
to  the  participant. Any change to the participant's employability plan
required by the social services official shall be PROVIDED  IN  WRITING,
discussed  with  the  participant and shall be documented in writing. NO
LESS THAN ONCE PER YEAR, THE DISTRICT SHALL BE REQUIRED TO  REVISIT  THE
PARTICIPANT'S  EMPLOYABILITY PLAN AND ASSESS WHETHER THEIR ASSIGNED WORK
ACTIVITIES AND SERVICES ARE SUCCESSFULLY  ASSISTING  THE  INDIVIDUAL  IN
WORKING TOWARD OR REACHING THEIR EMPLOYMENT GOAL. IF THE DISTRICT DETER-
MINES  THAT  THE ASSIGNED WORK ACTIVITIES AND SERVICES ARE NOT ASSISTING
THE INDIVIDUAL IN WORKING TOWARD OR MEETING THEIR EMPLOYMENT GOALS BASED
ON THEIR ASSESSMENT AND INPUT FROM THE PARTICIPANT,  THEN  THE  DISTRICT
SHALL  REASSIGN  THE  PARTICIPANT  TO A NEW WORK ACTIVITY THAT IS BETTER
TARGETED TOWARD REACHING THEIR EMPLOYMENT GOALS.  PROVIDED  HOWEVER,  IF
SUCH INDIVIDUAL IS PARTICIPATING IN AN ACTIVITY INCLUDING BUT NOT LIMIT-
ED TO EDUCATIONAL OR JOB TRAINING WHERE ADDITIONAL TIME IS NEEDED IN THE

A. 9006--B                         181

SPECIFIC  WORK  ACTIVITY  FOR  THE PARTICIPANT TO REACH THEIR EMPLOYMENT
GOAL, THE PARTICIPANT SHALL REMAIN IN THE PARTICULAR WORK ACTIVITY,  AND
THE WORK ACTIVITY SHALL BE REASSESSED AT A LATER DATE.
  S 5. Section 335-a of the social services law is REPEALED.
  S  6.  Paragraphs  (e)  and  (f) of subdivision 5 and subdivision 6 of
section 335-b of the social services law, as added  by  section  148  of
part  B  of  chapter  436  of  the  laws of 1997, are amended to read as
follows:
  (e) Notwithstanding any other requirement of this section, individuals
in receipt of public assistance and who are DETERMINED TO HAVE  A  DISA-
BILITY  AND  CATEGORIZED  AS EITHER work limited OR DISABLED BUT ABLE TO
FULLY ENGAGE IN WORK ACTIVITIES in accordance with section three hundred
thirty-two-b of this title shall NOT be assigned to work  activities  in
accordance with this title [only if] UNLESS such assignment[:
  (i)] is consistent with the individual's treatment plan [and is deter-
mined  to]  DEVELOPED  BY THE SOCIAL SERVICES DISTRICT BASED ON FINDINGS
ESTABLISHED BY THE INDIVIDUAL'S TREATING HEALTH CARE  PRACTITIONER  THAT
MADE  THE  DISABILITY  DETERMINATION  PURSUANT  TO  SUBDIVISION THREE OF
SECTION THREE HUNDRED THIRTY-TWO-B OF THIS TITLE.   SUCH TREATMENT  PLAN
SHALL  be  appropriate [by the social services official who is satisfied
that] AND CONSISTENT WITH LIMITATIONS PRESCRIBED BY THE TREATING  HEALTH
CARE  PRACTITIONER  IN  ORDER FOR such person [is] TO BE able to perform
the work assigned and [that] such assignment will  assist  the  individ-
ual's transition to self-sufficiency.  In the event that such assignment
is  not part of the individual's treatment plan, the individual shall be
deemed to be engaged in work as defined in this subsection if he or  she
is complying with the requirements of his or her treatment plan.
  (ii)  [where no treatment plan exists, is consistent with the individ-
ual's mental and physical limitations.
  (f)] The social services district shall communicate ANY LIMITATIONS OR
NECESSARY ACCOMMODATIONS to the person supervising the  work  assignment
of  [a work limited recipient any limitations of the recipient] AN INDI-
VIDUAL DETERMINED TO HAVE A DISABILITY AND CATEGORIZED  AS  EITHER  WORK
LIMITED  OR  DISABLED  BUT  ABLE  TO  FULLY ENGAGE IN WORK ACTIVITIES IN
ACCORDANCE WITH SECTION THREE HUNDRED THIRTY-TWO-B OF THIS TITLE.
  [6. Recipients of safety net assistance who are exempt or work limited
pursuant to this title shall be determined to  be  engaged  in  work  as
defined by department regulation.]
  S  7.  Paragraphs  (d)  and (f) of subdivision 1 of section 336 of the
social services law, as amended by section 148 of part B of chapter  436
of the laws of 1997, are amended to read as follows:
  (d)  work  experience  in  the  public  sector  or  non-profit sector,
[(including work associated with refurbishing publicly assisted housing)
if sufficient private sector employment is not available] THAT  PROVIDES
AN  INDIVIDUAL  WITH AN OPPORTUNITY TO ACQUIRE THE GENERAL SKILLS, KNOW-
LEDGE, AND WORK HABITS NECESSARY TO IMPROVE BOTH  THE  EMPLOYABILITY  OF
THE  INDIVIDUAL  AND  THEIR ABILITY TO OBTAIN EMPLOYMENT.  SUCH PROGRAMS
PROVIDING WORK EXPERIENCE SHALL FOCUS ON PROVIDING A CONTINUUM OF EDUCA-
TION AND OCCUPATIONAL  TRAINING,  INCLUDING  APPLICABLE  AND  BENEFICIAL
CERTIFICATIONS  AND/OR LICENSURES, WHICH WILL LINK TO SUBSEQUENT EMPLOY-
MENT. WHEN  POSSIBLE,  EDUCATION  AND  OCCUPATIONAL  TRAINING  SHALL  BE
FOCUSED TOWARD EMPLOYMENT OPPORTUNITIES IN EMERGING AND EXPANDING FIELDS
WITHIN A RELATIVE GEOGRAPHIC LOCATION. SUCH PROGRAMS SHALL ALSO FOCUS ON
EXECUTIVE  FUNCTION  DEFICITS AS DEFINED IN SUBDIVISION EIGHT OF SECTION
THREE HUNDRED THIRTY OF THIS TITLE, AND PROVIDE TARGETED  EDUCATION  AND

A. 9006--B                         182

SKILLS  DEVELOPMENT  OPPORTUNITIES  TO  ASSIST INDIVIDUALS IN OVERCOMING
SUCH DEFICIENCIES;
  (f)  job search and job readiness assistance, provided that job search
is an active and continuing effort to secure  employment  configured  by
the  local  social  services official. HOWEVER, RECIPIENTS DETERMINED TO
HAVE A DISABILITY PURSUANT TO SUBDIVISION TWO OF SECTION  THREE  HUNDRED
THIRTY-TWO-B OF THIS TITLE, SHALL BE LIMITED TO PARTICIPATE IN SUCH WORK
ACTIVITY  FOR A PERIOD NOT TO EXCEED SIX WEEKS IN ANY ONE CALENDAR YEAR,
UNLESS THE DISTRICT HAS MADE A SPECIFIC FINDING THROUGH THE INDIVIDUAL'S
ASSESSMENT AS PART OF THEIR EMPLOYABILITY PLAN, THAT ADDITIONAL TIME  IS
NEEDED FOR SUCH INDIVIDUAL TO FIND GAINFUL EMPLOYMENT;
  S 8. Subdivisions 1 and 5 of section 336-a of the social services law,
subdivision  1  as  amended  by section 4 of part J of chapter 58 of the
laws of 2014, and subdivision 5 as amended by section 148 of part  B  of
chapter 436 of the laws of 1997, are amended to read as follows:
  1.  Social  services  districts shall make available vocational educa-
tional training and educational activities.  Such activities may include
but need not be limited to, high school education or education  designed
to  prepare  a  participant  for  a high school equivalency certificate,
basic and remedial education, education in English  proficiency  and  no
more  than  a  total  of  four years of post-secondary education (or the
part-time equivalent). Educational activities pursuant to  this  section
may  be  offered  with  any  of  the  following providers which meet the
performance or assessment standards established in  regulations  by  the
commissioner  for  such  providers:  a community college, licensed trade
school, registered business school, or a two-year or four-year  college;
provided,  however, that such post-secondary education must be necessary
to the attainment of the participant's individual employment goal as set
forth in the employability plan and such goal must  relate  directly  to
obtaining  useful employment in a recognized occupation. When making any
assignment to any educational activity  pursuant  to  this  subdivision,
such  assignment shall be permitted only to the extent that such assign-
ment is consistent with the individual's assessment and employment  plan
goals  in  accordance  with [sections] SECTION three hundred thirty-five
[and three hundred thirty-five-a] of this title and shall  require  that
the  individual  maintains  satisfactory  academic  progress  and hourly
participation is documented consistent with federal and  state  require-
ments.  For  purposes of this provision "satisfactory academic progress"
shall mean having a cumulative C average, or its equivalent,  as  deter-
mined by the academic institution. The requirement to maintain satisfac-
tory academic progress may be waived if done so by the academic institu-
tion  and the social services district based on undue hardship caused by
an event such as a personal injury or illness of the student, the  death
of  a  relative  of  the student or other extenuating circumstances. Any
enrollment in post-secondary education beyond a twelve month period must
be combined with no less than twenty  hours  of  participation  averaged
weekly  in  paid employment or work activities or community service when
paid employment is not available.
  5. Any applicant for or recipient of public assistance pursuing activ-
ities described in this subdivision shall not be assigned to  any  other
activity prior to conducting an assessment and developing an employabil-
ity  plan  as  prescribed in section three hundred thirty-five [or three
hundred thirty-five-a] of this title. Local  social  services  districts
may  periodically  reevaluate  a  participant's employment plan and make
assignments to other work activities  in  order  to  meet  participation

A. 9006--B                         183

rates,  giving  due  consideration  to the participant's progress in the
current, and if applicable, prior program.
  S 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or subpart of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or  subpart  thereof  directly involved in the controversy in which such
judgment shall have been rendered. It  is  hereby  declared  to  be  the
intent  of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
  S 3. This act shall take effect immediately, provided,  however,  that
the  applicable effective date of Subparts A through E of this act shall
be as specifically set forth in the last section of such Subpart.

                                 PART U

  Section 1. Any lease, agreement, or contract for  construction,  exca-
vation,  demolition,  rehabilitation,  repair, renovation, alteration or
improvement on a capital project shall be deemed public work  and  shall
be subject to and performed in accordance with the provisions of article
8  of  the labor law and compliance with all the provisions of article 8
of the labor law shall be required of any lessee, sub  lessee,  contrac-
tor,  or  subcontractor on the capital project including the enforcement
of prevailing wage requirements by the  fiscal  officer  as  defined  in
paragraph  e of subdivision 5 of section 220 of the labor law where such
capital project is:
  (a) wholly or partially funded by monies allocated,  appropriated,  or
transferred from:
the dedicated infrastructure investment fund;
the dedicated highway and bridge trust fund;
the New York Works Economic Development Fund; or
  (b) related to or authorized under:
the Upstate Revitalization Initiative;
the Thruway Stabilization Program;
the Transportation Capital Plan;
the Buffalo High Tech Manufacturing Innovation Hub;
any Nano program;
the Water Infrastructure Improvement Act; or
the Downtown Revitalization Initiative.
  S  2.  This  act  shall take effect immediately and shall apply to all
capital projects in which contracts for the project are entered into  on
or after the effective date of this act.

                                 PART V

  Section  1.  This  act enacts into law components of legislation which
are necessary to implement  legislation  relating  to  establishing  and
continuing  various  social  services programs. Each component is wholly
contained within a Subpart identified  as  Subparts  A  through  C.  The
effective  date  for  each  particular  provision  contained within such
Subpart is set forth in the last section of such Subpart. Any  provision
in  any section contained within a Subpart, including the effective date
of the Subpart, which makes a reference to a section "of this act", when

A. 9006--B                         184

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

                                SUBPART A

  Section  1.  Local  anti-poverty  task forces. 1. Subject to available
appropriations, there are hereby created local anti-poverty task  forces
(hereinafter  referred to as "task forces") to be located throughout the
state. Such task forces shall:
  (a) except in a city with a population of one million or more be coor-
dinated by a not-for-profit entity that is located or provides services,
either directly or indirectly, in the municipality  where  the  proposed
task force would be located; and
  (b)  be  responsible  for  the  identification  of  the  factors which
contribute to poverty, and  implementation  of  plans  to  address  such
factors, in accordance with subdivision eight of this section.
  2.  The Commissioner of the office of temporary and disability assist-
ance shall issue a request for proposal to determine the  not-for-profit
entity  that  shall  coordinate the task forces as well as the amount of
funding to be awarded.  Provided, however, task forces located in a city
with a population of one million  or  more  shall  not  be  required  to
respond  to such request for proposal.  The commissioner shall weigh the
following factors in determining the not-for-profit  entity  that  shall
coordinate such task forces and the funding amount therefor;
  (a)  the  percentage  of  individuals  living below the poverty level,
particularly the percentage of children living in poverty;
  (b) the percentage of homeless individuals in the region, particularly
the percentage of homeless children;
  (c) the availability and accessibility of resources  or  services  for
individuals  living  in poverty, and the extent to which those resources
or services could be expanded;
  (d) the  ability  of  the  not-for-profit  entity  identified  in  the
proposal  to implement the requirements in subdivisions eight and ten of
this section, including the extent to which  they  can  utilize  awarded
funds  to  dedicate  towards  activities  identified in paragraph (b) of
subdivision eight of this section;
  (e) if a not-for-profit entity is already coordinating an anti-poverty
task force or initiative and if such initiative  or  task  force  demon-
strates  that it is able to carry out the functions in subdivision eight
of this section, the commissioner shall give appropriate weight  to  the
work  the  initiative or task force has completed to date and the extent
to which continued funding would benefit the community; and
  (f) any other relevant information the commissioner deems  appropriate
to address major poverty factors specific to the region.
  3.  The  commissioner  shall  review  each  request  for proposal, and
require any additional information he or she deems necessary  to  ensure
the requirements of subdivision eight can be met, prior to releasing any
funds to the task forces.
  4. Except where a state funded task force or initiative already exists
and  has  received  continued  funding,  each  task force shall make all
necessary efforts to be comprised of the following members:
  (a) individuals who have been in and/or are currently  in  receipt  of
public assistance;

A. 9006--B                         185

  (b) advocates and not-for-profits from the public assistance, housing,
criminal justice, disability, education, and child welfare communities;
  (c) representatives from the local social services districts;
  (d) local and state legislators;
  (e) local business owners;
  (f) educators and school administrators from local school districts;
  (g)  professors  and  administrators  from  local  colleges, including
community colleges; and
  (h) any other individuals the task force deems necessary and appropri-
ate to accomplish the responsibilities and duties of the task force.
  5. The members of the task force shall not  receive  any  compensation
for  their  duties in connection to the task force. However, the members
shall be entitled to reimbursement for any necessary  expenses  incurred
in connection with the performance of their duties.
  6.  Any  personal information about an individual obtained by a member
of the task force shall only be used to carry out his or  her  responsi-
bilities in accordance with subdivision eight of this section.
  7.  Each  task  force  shall  be entitled to, at minimum, five hundred
thousand dollars within funds appropriated therefor, to carry out  their
duties  and responsibilities prescribed in this section. Provided howev-
er, that the amount used for planning shall not exceed the lesser of two
hundred thousand fifty dollars, or twenty percent of  the  total  award.
Provided  further,  that  an  existing  task force or initiative, or any
other task force that has completed the requirements in paragraph (a) of
subdivision eight of this section within the preceding three  years  may
spend  the entire amount of their award on the requirements set forth in
paragraph (b) of subdivision eight of this section.
  8. Each task force, where possible, shall work with the  local  social
services district, and shall be responsible, either directly, or through
contracts and within amounts appropriated, for the following:
  (a)  identifying  major  contributing  factors  to  poverty, including
factors that are differential among or  specific  to  certain  types  of
regions;  how such factors prevent individuals from becoming self suffi-
cient; and to what extent such factors could be alleviated through state
and/or local action;
  (b) planning and implementing strategies to address the factors  iden-
tified  in  paragraph (a) of this subdivision, including but not limited
to the implementation or expansion of programs, within  funds  appropri-
ated, that address the following:
  (i)  alleviating  the  strain  on families in poverty through services
provided to parents and children in the home;
  (ii) providing enhanced career readiness and job training as  well  as
linkage  to available jobs for individuals receiving or otherwise eligi-
ble for public assistance who have completed  post-secondary  education,
or other vocational or career technical education programs;
  (iii)  enhancing  programs that are available for required work activ-
ities for public assistance recipients to ensure  that  individuals  are
provided  with  an opportunity to acquire the general skills, knowledge,
work habits and certifications or credentials necessary to improve their
employability;
  (iv) providing mentors, or other assistance to individuals with  disa-
bilities so that such individuals can receive or continue to receive any
form of public assistance for which they are eligible;
  (v) chronic homelessness or housing insecurity;
  (vi) any other major contributing factors identified by the task force
that lead to or keep people in poverty; and

A. 9006--B                         186

  (c)  evaluating  the  effectiveness  of  the  programs  implemented or
expanded under the task force in addressing the factors that  contribute
to poverty.
  9.  Local  social  services districts in the regions where task forces
are located may refer applicants for or recipients of public  assistance
to  a  contact person at the non-profit entity coordinating a task force
if the local social services district believes that the  individual  may
benefit from the resources or services provided by such task force.
  10.  The  task forces shall report to the governor, the speaker of the
assembly, and the temporary president  of  the  senate,  no  later  than
December  31,  2016,  and  annually  thereafter until December 31, 2018,
regarding the major factors which contribute to poverty that  they  have
identified,  as  well  as  the  programs  implemented  to alleviate such
factors, including the amount of  money  spent  for  each  program,  the
number  of  participants  served,  and the outcomes, to the extent it is
known, of such participants. At the conclusion of the work of  the  task
force,  each  task  force  shall  submit a final report to the governor,
speaker of the assembly, and the  temporary  president  of  the  senate,
which  includes a summary of the work of the task force since its incep-
tion, the cumulative amounts required in each annual report, and, to the
extent practicable, updated outcomes of the participants served.
  11. Any funding provided under this section shall not supplant funding
for programs already in existence.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed March 31, 2019.

                                SUBPART B

  Section 1. Article 5 of the social services law is amended by adding a
new title 14 to read as follows:
                                TITLE 14
   NEW YORK STATE NON-PROFIT INFRASTRUCTURE CAPITAL INVESTMENT PROGRAM
                                  GRANT
SECTION 370-MM. NEW YORK STATE NON-PROFIT INFRASTRUCTURE CAPITAL INVEST-
                  MENT PROGRAM GRANT.
  S  370-MM. NEW YORK STATE NON-PROFIT INFRASTRUCTURE CAPITAL INVESTMENT
PROGRAM GRANT. NOTWITHSTANDING SECTION SIXTEEN HUNDRED EIGHTY-J  OF  THE
PUBLIC AUTHORITIES LAW, THERE SHALL BE CREATED A NEW YORK STATE NON-PRO-
FIT INFRASTRUCTURE CAPITAL INVESTMENT PROGRAM GRANT FOR NON-PROFIT HUMAN
SERVICES ORGANIZATIONS AS FOLLOWS:
  1.  CREATION. (A) THE NEW YORK STATE NON-PROFIT INFRASTRUCTURE CAPITAL
INVESTMENT PROGRAM GRANT IS HEREBY CREATED TO BE UTILIZED BY  NON-PROFIT
HUMAN  SERVICES ORGANIZATIONS. THERE IS ALSO HEREBY CREATED THE NEW YORK
STATE NON-PROFIT INFRASTRUCTURE CAPITAL INVESTMENT PROGRAM  GRANT  BOARD
TO HAVE AND EXERCISE THE POWERS, DUTIES AND PREROGATIVES PROVIDED BY THE
PROVISIONS  OF THIS SECTION AND ANY OTHER APPLICABLE PROVISION OF LAW TO
DISBURSE SUCH GRANT. THE BOARD SHALL  REMAIN  IN  EXISTENCE  DURING  THE
PERIOD  OF  THE NEW YORK STATE NON-PROFIT INFRASTRUCTURE CAPITAL INVEST-
MENT PROGRAM GRANT FROM THE EFFECTIVE DATE OF THIS SECTION THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-ONE OR THE DATE ON WHICH THE  LAST  OF
THE  FUNDS  ARE  AVAILABLE  FOR  GRANTS, WHICHEVER IS EARLIER; PROVIDED,
HOWEVER, THAT THE TERMINATION OF THE EXISTENCE OF THE  BOARD  SHALL  NOT
AFFECT THE POWER AND AUTHORITY OF THE DORMITORY AUTHORITY TO PERFORM ITS
OBLIGATIONS  WITH  RESPECT  TO  ANY  BONDS, NOTES, OR OTHER INDEBTEDNESS
ISSUED OR INCURRED PURSUANT TO AUTHORITY GRANTED IN THIS SECTION.

A. 9006--B                         187

  (B) THE MEMBERSHIP  OF  THE  BOARD  SHALL  CONSIST  OF  THREE  PERSONS
APPOINTED  BY  THE  GOVERNOR,  OF  WHOM  ONE SHALL BE APPOINTED UPON THE
RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE AND ONE UPON THE
RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY. THE TERM OF  THE  MEMBERS
FIRST  APPOINTED  SHALL  CONTINUE UNTIL MARCH THIRTY-FIRST, TWO THOUSAND
SEVENTEEN, AND THEREAFTER THEIR SUCCESSORS SHALL SERVE FOR A TERM OF ONE
YEAR ENDING ON MARCH THIRTY-FIRST IN EACH YEAR. UPON  RECOMMENDATION  OF
THE  NOMINATING  PARTY, THE GOVERNOR SHALL REPLACE ANY MEMBER IN ACCORD-
ANCE WITH THE PROVISIONS CONTAINED IN THIS SUBDIVISION FOR THE  APPOINT-
MENT OF MEMBERS. THE MEMBERS OF THE BOARD SHALL VOTE AMONG THEMSELVES TO
DETERMINE  WHO  SHALL  SERVE  AS CHAIR. THE BOARD SHALL ACT BY UNANIMOUS
VOTE OF THE MEMBERS OF THE BOARD. ANY DETERMINATION OF THE  BOARD  SHALL
BE  EVIDENCED  BY  A  CERTIFICATION THEREOF EXECUTED BY ALL THE MEMBERS.
EACH MEMBER OF THE BOARD SHALL BE ENTITLED TO DESIGNATE A REPRESENTATIVE
TO ATTEND MEETINGS OF THE BOARD ON THE DESIGNATING MEMBER'S BEHALF,  AND
TO  VOTE  OR  OTHERWISE  ACT  ON  THE DESIGNATING MEMBER'S BEHALF IN THE
DESIGNATING MEMBER'S  ABSENCE.  NOTICE  OF  SUCH  DESIGNATION  SHALL  BE
FURNISHED IN WRITING TO THE BOARD BY THE DESIGNATING MEMBER. A REPRESEN-
TATIVE  SHALL SERVE AT THE PLEASURE OF THE DESIGNATING MEMBER DURING THE
MEMBER'S TERM OF OFFICE. A REPRESENTATIVE SHALL  NOT  BE  AUTHORIZED  TO
DELEGATE ANY OF HIS OR HER DUTIES OR FUNCTIONS TO ANY OTHER PERSON.
  (C)  EVERY  OFFICER, EMPLOYEE, OR MEMBER OF A GOVERNING BOARD OR OTHER
BOARD OF ANY NON-PROFIT HUMAN SERVICES ORGANIZATION IN NEW YORK SHALL BE
INELIGIBLE FOR APPOINTMENT AS A MEMBER, REPRESENTATIVE, OFFICER, EMPLOY-
EE OR AGENT OF THE BOARD.
  (D) THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT SALARY  OR  PER  DIEM
ALLOWANCE  BUT  SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECES-
SARY EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES PURSUANT TO
THIS SECTION OR OTHER PROVISION  OF  LAW,  PROVIDED  HOWEVER  THAT  SUCH
MEMBERS  AND  REPRESENTATIVES  ARE  NOT,  AT  THE TIME SUCH EXPENSES ARE
INCURRED, PUBLIC  OFFICERS  OR  EMPLOYEES  OTHERWISE  ENTITLED  TO  SUCH
REIMBURSEMENT.
  (E)  THE  MEMBERS,  THEIR  REPRESENTATIVES,  OFFICERS AND STAFF TO THE
BOARD SHALL BE DEEMED EMPLOYEES WITHIN THE MEANING OF SECTION  SEVENTEEN
OF THE PUBLIC OFFICERS LAW.
  2.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE RESPECTIVE MEANINGS:
  (A) "BOARD" SHALL MEAN THE NEW YORK  STATE  NON-PROFIT  INFRASTRUCTURE
CAPITAL  INVESTMENT  PROGRAM  GRANT  BOARD  CREATED  BY PARAGRAPH (A) OF
SUBDIVISION ONE OF THIS SECTION.
  (B) "NON-PROFIT  HUMAN  SERVICES  ORGANIZATION"  SHALL  MEAN  A  HUMAN
SERVICES PROVIDER AS DEFINED IN SUBDIVISION FOUR OF SECTION FOUR HUNDRED
SIXTY-FOUR-B  OF  THIS  CHAPTER  WHO  PROVIDES  DIRECT HUMAN SERVICES AS
DEFINED IN SUBDIVISION THREE OF SUCH SECTION.
  (C) "HUMAN SERVICES" SHALL HAVE THE SAME MEANING AS DEFINED IN  SUBDI-
VISION THREE OF SECTION FOUR HUNDRED SIXTY-FOUR-B OF THIS CHAPTER.
  3. POWERS, FUNCTIONS AND DUTIES OF THE BOARD. THE BOARD SHALL HAVE THE
POWER  AND IT SHALL BE ITS DUTY TO APPROVE OR DENY APPLICATIONS RECEIVED
FROM NON-PROFIT HUMAN SERVICES ORGANIZATIONS FOR GRANTS MADE PURSUANT TO
THIS SECTION. IN MAKING SUCH DETERMINATION, THE BOARD SHALL CONSIDER THE
CRITERIA SET FORTH IN PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION.
IF NECESSARY, THE BOARD MAY  REQUEST  ADDITIONAL  INFORMATION  FROM  THE
NON-PROFIT  HUMAN  SERVICES ORGANIZATION WHEN MAKING SUCH DETERMINATION.
WITHIN AMOUNTS APPROPRIATED THEREFOR, THE BOARD IS HEREBY AUTHORIZED AND
DIRECTED TO AWARD CAPITAL GRANTS TOTALING FIFTY MILLION DOLLARS.

A. 9006--B                         188

  4. NEW YORK STATE NON-PROFIT INFRASTRUCTURE CAPITAL INVESTMENT PROGRAM
GRANT ADMINISTRATION AND FINANCING. (A) THE DORMITORY AUTHORITY IS HERE-
BY AUTHORIZED AND DIRECTED TO ADMINISTER THE NEW YORK  STATE  NON-PROFIT
INFRASTRUCTURE CAPITAL INVESTMENT PROGRAM GRANT.
  (B)  THE  DORMITORY  AUTHORITY  SHALL SERVE AS STAFF TO THE NON-PROFIT
INFRASTRUCTURE CAPITAL INVESTMENT PROGRAM GRANT BOARD,  INCLUDING,  WITH
THE COOPERATION OF ANY OTHER STATE AGENCY, FOR THE PREPARATION OF INFOR-
MATION WHICH WOULD ASSIST THE BOARD IN CARRYING OUT ITS DUTIES.
  (C)  NON-PROFIT  HUMAN  SERVICES ORGANIZATIONS SHALL SUBMIT A DETAINED
PLAN WITH THEIR APPLICATIONS WHICH DEMONSTRATES  HOW  SUCH  REQUEST  FOR
CAPITAL WOULD ALLOW SUCH ORGANIZATION TO IMPROVE THE QUALITY, EFFICIENCY
AND  ACCESSIBILITY  OF SERVICES TO NEW YORKERS. SUCH PLAN SHALL FOCUS ON
INVESTMENTS INCLUDING BUT NOT LIMITED TO TECHNOLOGY UPGRADES RELATED  TO
IMPROVING  ELECTRONIC  RECORDS,  DATA ANALYSIS OR CONFIDENTIALITY, RENO-
VATIONS OR EXPANSIONS OF SPACE USED FOR DIRECT HUMAN SERVICES, MODIFICA-
TIONS TO PROVIDE FOR SUSTAINABLE  ENERGY  EFFICIENT  SPACES  THAT  WOULD
RESULT  IN  OVERALL  ENERGY  AND  COST  SAVINGS, AND ACCESSIBILITY RENO-
VATIONS. THE DORMITORY AUTHORITY SHALL DEVELOP  A  STANDARD  APPLICATION
FOR  SUCH  GRANTS.  SUCH  APPLICATION  SHALL  REQUIRE  NON-PROFIT  HUMAN
SERVICES ORGANIZATIONS TO PROVIDE, AT A MINIMUM, THE FOLLOWING:
  (I) THE AMOUNT OF FUNDS REQUESTED IN RELATION TO THE SIZE AND SCOPE OF
THE PROPOSED PROJECT;
  (II) A DETAILED DESCRIPTION OF THE PROJECT, INCLUDING PROJECTED  COSTS
INCLUDING  THE SOURCES AND USES OF FUNDS, COMPLETION TIMELINE, AND FUNDS
NECESSARY AT EACH STAGE OF PROJECT COMPLETION;
  (III) THE EXTENT TO WHICH THE PROPOSED PROJECT  REFLECTS  A  NECESSARY
IMPROVEMENT  OR  UPGRADE  TO  CONTINUE  TO  SERVE  THE  NON-PROFIT HUMAN
SERVICES ORGANIZATION'S TARGET POPULATION, OR A POPULATION THEY WOULD BE
ABLE TO SERVE IF SUCH IMPROVEMENTS OR UPGRADES WERE MADE;
  (IV) THE EXTENT TO WHICH THE PROPOSED PROJECT WILL ALLOW THEM TO SERVE
THE POPULATION IN GENERAL;
  (V) A STATEMENT THAT  AS  OF  THE  EFFECTIVE  DATE  OF  THIS  SECTION,
CONSTRUCTION HAD NOT BEGUN AND EQUIPMENT HAD NOT BEEN PURCHASED FOR SUCH
PROJECT;
  (VI)  IF  APPLICABLE, A STATEMENT WHETHER THE PROJECT HAS RECEIVED ALL
NECESSARY REGULATORY APPROVALS OR CAN DEMONSTRATE A REASONABLE  EXPECTA-
TION THAT SUCH APPROVALS WILL BE SECURED;
  (VII)  UPON  THE REQUEST OF THE BOARD, FURTHER DETAIL OR MORE INFORMA-
TION REGARDING SUBPARAGRAPHS (I) THROUGH (VI) OF THIS PARAGRAPH THAT THE
BOARD DEEMS RELEVANT AND NECESSARY TO ITS DECISION.
  (D) UPON RECEIPT OF AN  APPLICATION,  THE  DORMITORY  AUTHORITY  SHALL
REVIEW  SUCH  APPLICATION  FOR TECHNICAL SUFFICIENCY AND COMPLIANCE WITH
THE APPLICATION CRITERIA AS PROVIDED FOR IN PARAGRAPH (C) OF THIS SUBDI-
VISION. WHEN THE APPLICATION IS COMPLETE, THE DORMITORY AUTHORITY  SHALL
SUBMIT  SUCH  APPLICATION WITH AN ANALYSIS TO THE BOARD FOR ITS APPROVAL
OR DENIAL.
  (E) IN ORDER TO BE ELIGIBLE FOR SUCH GRANTS, NON-PROFIT HUMAN SERVICES
ORGANIZATIONS MUST PROVIDE NOTIFICATION TO THE DORMITORY AUTHORITY OF AN
INTENT TO APPLY FOR A GRANT NO  LATER  THAN  JUNE  FIRST,  TWO  THOUSAND
SIXTEEN  AND  MUST  APPLY FOR SUCH GRANT NO LATER THAN AUGUST FIRST, TWO
THOUSAND SIXTEEN.   NOTHING HEREIN SHALL  PRECLUDE  A  NON-PROFIT  HUMAN
SERVICES  ORGANIZATION  THAT  IS  LOCATED  ON STATE OR MUNICIPALLY OWNED
PROPERTY FROM RECEIVING A GRANT UNDER THIS SECTION UNLESS SUCH GRANT  IS
INTENDED  TO BE UTILIZED FOR BUILDING AND STRUCTURAL IMPROVEMENTS OF THE
NON-PROFIT HUMAN SERVICES ORGANIZATION.

A. 9006--B                         189

  (F) THE DORMITORY AUTHORITY SHALL DEVELOP A MODEL  CONTRACT  PROVISION
TO BE USED IN ANY CONTRACT WHICH INVOLVES A PROJECT FOR WHICH A NON-PRO-
FIT  HUMAN  SERVICES  ORGANIZATION  HAS RECEIVED A GRANT. SUCH PROVISION
SHALL INDEMNIFY AND HOLD THE STATE OF NEW YORK HARMLESS FROM ANY AND ALL
CLAIMS  FOR  LOSS  OR LIABILITY ALLEGED TO HAVE BEEN CAUSED OR RESULTING
FROM ANY WORK INVOLVING SUCH PROJECT.
  (G) THE DORMITORY AUTHORITY  IS  HEREBY  AUTHORIZED  AND  DIRECTED  TO
ASSIST  IN  FINANCING  HUMAN  SERVICES PROJECTS BY PROVIDING TO ELIGIBLE
NON-PROFIT HUMAN SERVICES ORGANIZATIONS GRANTS THAT HAVE  BEEN  APPROVED
BY THE BOARD.
  S 2. This act shall take effect immediately.

                                SUBPART C

  Section 1. Section 131 of the social services law is amended by adding
a new subdivision 21 to read as follows:
  21.  IN ADDITION TO ANY REQUIREMENTS PROVIDED BY SUBDIVISION THIRTY OF
SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS ARTICLE, OR ANY OTHER  FUTURE
REQUIREMENTS  NECESSARY  FOR THE IMPLEMENTATION OF THE INTEGRATED ELIGI-
BILITY SYSTEMS DURING PHASE II AND PHASE III, FOR TEMPORARY  ASSISTANCE,
SUCH SYSTEMS SHALL:
  (A) CONTINUE TO COLLECT AND REPORT ON ALL DATA CURRENTLY COLLECTED AND
EXPENDITURES  MADE  THEREFOR, DELINEATED BY TYPE OF ASSISTANCE, AND MAKE
ALL SUCH INFORMATION PUBLICLY AVAILABLE;
  (B) ENSURE THE ABILITY FOR  DOCUMENT  IMAGING  AND  MANAGEMENT  ACROSS
SYSTEMS,  WITH  RECIPIENT ACCESS TO FILES, NOTICES AND UPCOMING APPOINT-
MENTS THROUGH ELECTRONIC PORTALS;
  (C) ENSURE THE ABILITY FOR RECIPIENTS TO  REPORT  CHANGES  AND  SUBMIT
DOCUMENTATION VIA SCAN;
  (D) MAINTAIN REASONS FOR APPLICATION DENIALS AND CASE CLOSINGS INCLUD-
ING  BUT  NOT  LIMITED TO: (I) INCOME (SUM INCOME LEVEL BY PERCENTAGE OF
POVERTY), (II) SPECIFIC RESOURCES CATEGORIES, AS PROVIDED IN SECTION ONE
HUNDRED THIRTY-ONE-N OF THIS TITLE; (III) FAILURE TO COMPLY WITH VARIOUS
REQUIREMENTS INCLUDING BUT NOT LIMITED TO (A) FAILURE TO ATTEND A SCHED-
ULED APPOINTMENT, AND (B) FAILURE  TO  PROVIDE  NECESSARY  DOCUMENTATION
(WITH A REFERENCE TO THE SPECIFIC DOCUMENTATION NOT PROVIDED);
  (E)  ENSURE  ADEQUATE  DATA  IS  MAINTAINED  TO TRACK WHEN INDIVIDUALS
REPEATEDLY APPLY FOR TEMPORARY ASSISTANCE, EVEN IF A CASE IS NOT OPEN OR
BENEFITS ARE NOT ISSUED SO AN OVERVIEW OF AN INDIVIDUAL'S  CONTACT  WITH
THE SYSTEM MAY BE MONITORED BY PROGRAM;
  (F)  MAINTAIN INDIVIDUAL'S UTILIZATION OF LANGUAGE SERVICES DELINEATED
BY TYPE AND FREQUENCY;
  (G) TRACK HOMELESS PLACEMENT OF RECIPIENTS BY COUNTY AS  WELL  AS  THE
COST PER BED PER TYPE OF SHELTER;
  (H)  TRACK  THE  EXPENDITURES  AND  PREVALENCE  OF EVICTION PREVENTION
AND/OR UTILITY ARREARS THAT WERE PROVIDED TO RECIPIENTS;
  (I) TRACK THE TYPES OF GRANTS PROVIDED, INCLUDING EMERGENCY AND  TRAN-
SITIONAL BENEFITS BY COUNTY, AS WELL AS EXPENDITURES MADE THEREFOR; AND
  (J)  TRACK  ANY  REQUESTS  FOR ACCOMMODATIONS REQUIRED UNDER 42 U.S.C.
12101 ET SEQ., 29 U.S.C.  794, ARTICLE FIFTEEN OF THE EXECUTIVE LAW,  OR
ANY  OTHER  STATE  OR FEDERAL LAW, RULE, OR REGULATION. IT SHALL ALSO BE
MAINTAINED WHEN SUCH REQUESTS ARE GRANTED, DENIED AND WHETHER AN  APPEAL
WAS REQUESTED, WITH SPECIFIC INFORMATION PROVIDED FOR EACH.
  S 2. Section 159 of the social services law is amended by adding a new
subdivision 13 to read as follows:

A. 9006--B                         190

  13.  IN ADDITION TO ANY REQUIREMENTS PROVIDED BY SUBDIVISION THIRTY OF
SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS ARTICLE, OR ANY OTHER  FUTURE
REQUIREMENTS  NECESSARY  FOR THE IMPLEMENTATION OF THE INTEGRATED ELIGI-
BILITY SYSTEMS DURING PHASE II AND PHASE III, FOR SAFETY NET  ASSISTANCE
SUCH SYSTEMS, SHALL:
  (A) CONTINUE TO COLLECT AND REPORT ON ALL DATA CURRENTLY COLLECTED AND
EXPENDITURES  MADE  THEREFOR, DELINEATED BY TYPE OF ASSISTANCE, AND MAKE
ALL SUCH INFORMATION PUBLICLY AVAILABLE;
  (B) ENSURE THE ABILITY FOR  DOCUMENT  IMAGING  AND  MANAGEMENT  ACROSS
SYSTEMS,  WITH  RECIPIENT ACCESS TO FILES, NOTICES AND UPCOMING APPOINT-
MENTS THROUGH ELECTRONIC PORTALS;
  (C) ENSURE THE ABILITY FOR RECIPIENTS TO  REPORT  CHANGES  AND  SUBMIT
DOCUMENTATION VIA SCAN;
  (D) MAINTAIN REASONS FOR APPLICATION DENIALS AND CASE CLOSINGS INCLUD-
ING  BUT  NOT  LIMITED TO: (I) INCOME (SUM INCOME LEVEL BY PERCENTAGE OF
POVERTY), (II) SPECIFIC RESOURCES CATEGORIES, AS PROVIDED IN SECTION ONE
HUNDRED THIRTY-ONE-N OF THIS ARTICLE; (III) FAILURE TO COMPLY WITH VARI-
OUS REQUIREMENTS INCLUDING BUT NOT LIMITED TO (A) FAILURE  TO  ATTEND  A
SCHEDULED  APPOINTMENT,  AND (B) FAILURE TO PROVIDE NECESSARY DOCUMENTA-
TION (WITH A REFERENCE TO THE SPECIFIC DOCUMENTATION NOT PROVIDED);
  (E) ENSURE ADEQUATE DATA  IS  MAINTAINED  TO  TRACK  WHEN  INDIVIDUALS
REPEATEDLY  APPLY  FOR SAFETY NET ASSISTANCE, EVEN IF A CASE IS NOT OPEN
OR BENEFITS ARE NOT ISSUED, SO AN OVERVIEW OF  AN  INDIVIDUAL'S  CONTACT
WITH THE SYSTEM MAY BE MONITORED BY PROGRAM;
  (F)  MAINTAIN INDIVIDUAL'S UTILIZATION OF LANGUAGE SERVICES DELINEATED
BY TYPE AND FREQUENCY;
  (G) TRACK HOMELESS PLACEMENT OF RECIPIENTS BY COUNTY AS  WELL  AS  THE
COST PER BED PER TYPE OF SHELTER;
  (H)  TRACK  THE  EXPENDITURES  AND  PREVALENCE  OF EVICTION PREVENTION
AND/OR UTILITY ARREARS THAT WERE PROVIDED TO RECIPIENTS;
  (I) TRACK THE TYPES OF GRANTS PROVIDED, INCLUDING EMERGENCY AND  TRAN-
SITIONAL BENEFITS BY COUNTY, AS WELL AS EXPENDITURES MADE THEREFOR; AND
  (J)  TRACK  ANY  REQUESTS  FOR ACCOMMODATIONS REQUIRED UNDER 42 U.S.C.
12101 ET SEQ., 29 U.S.C.  794, ARTICLE FIFTEEN OF THE EXECUTIVE LAW,  OR
ANY  OTHER  STATE  OR FEDERAL LAW, RULE, OR REGULATION. IT SHALL ALSO BE
MAINTAINED WHEN SUCH REQUESTS ARE GRANTED, DENIED AND WHETHER AN  APPEAL
WAS REQUESTED, WITH SPECIFIC INFORMATION PROVIDED FOR EACH.
  S  3.  Section 410-w of the social services law is amended by adding a
new subdivision 9 to read as follows:
  9. IN ADDITION TO ANY REQUIREMENTS PROVIDED BY SUBDIVISION  THIRTY  OF
SECTION  THREE HUNDRED SIXTY-FOUR-J OF THIS CHAPTER, OR ANY OTHER FUTURE
REQUIREMENTS NECESSARY FOR THE IMPLEMENTATION OF THE  INTEGRATED  ELIGI-
BILITY  SYSTEMS DURING PHASE II AND PHASE III, FOR CHILD CARE SUBSIDIES,
SUCH SYSTEMS SHALL TRACK THE INCOME LEVEL OF  FAMILIES  RECEIVING  CHILD
CARE SUBSIDIES.
  S 4. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by a court of compe-
tent  jurisdiction  to  be  invalid,  such  judgments  shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.

A. 9006--B                         191

  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through C of this act  shall
be as specifically set forth in the last section of such Subparts.

                                 PART W

  Section  1.  Subdivisions  3, 5 and 6 of section 6456 of the education
law, as added by section 1 of part X of chapter 56 of the laws of  2015,
are amended to read as follows:
  3.  A.  Funds appropriated for FOSTER YOUTH SERVED IN THE TWO THOUSAND
FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR AND FOR THE CONTINUATION  OF
SUCH  SERVICES  AND PROGRAMS FOR THE STUDENTS SERVED IN THE TWO THOUSAND
FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR, FOR the  purposes  of  this
initiative  shall  be  allocated by sector as follows: fifty-two percent
for institutions in the state university of New York; thirty percent for
institutions in the city university of New York;  and  eighteen  percent
for  other  degree-granting institutions in New York with current Arthur
O. Eve higher education opportunity programs.
  B.  FUNDS  APPROPRIATED  FOR  FOSTER  YOUTH  IN   THE   TWO   THOUSAND
SIXTEEN--TWO  THOUSAND  SEVENTEEN  ACADEMIC  YEAR AND THEREAFTER FOR THE
PURPOSES OF THIS INITIATIVE SHALL BE ALLOCATED BY SECTOR  BASED  ON  THE
PERCENTAGE  OF  FOSTER YOUTH IDENTIFIED BY EACH INSTITUTION THAT WILL BE
SERVED BY THIS INITIATIVE IN THE FOLLOWING ACADEMIC  YEAR,  IN  APPLICA-
TIONS  RECEIVED  BY THE COMMISSIONER PURSUANT TO SUBDIVISION SIX OF THIS
SECTION.
  5. Moneys made available to institutions under this section  shall  be
spent for the following purposes:
  a. to provide additional services and expenses to expand opportunities
through existing postsecondary opportunity programs at the state univer-
sity  of  New  York,  the city university of New York, and other degree-
granting higher education institutions for foster youth;
  b. to provide any necessary  supplemental  financial  aid  for  foster
youth,  which may include the cost of tuition and fees, books, transpor-
tation, HOUSING and other expenses as determined by the commissioner  to
be necessary for such foster youth to attend college;
  c. summer college preparation programs to help foster youth transition
to  college,  prepare  them  to  navigate on-campus systems, and provide
preparation in reading, writing, and mathematics for  foster  youth  who
need it; or
  d. advisement, tutoring, and academic assistance for foster youth.
  6. Eligible institutions shall file an application for approval by the
commissioner  no  later than the first of [October] MAY each year demon-
strating a need for such funding, including how  the  funding  would  be
used  and  how  many  foster  youth would be assisted with such funding.
Successful applicants will be funded as provided in subdivision four  of
this section.
  S 2. This act shall take effect immediately.

                                 PART X

  Section  1.  The public housing law is amended by adding a new section
19-a to read as follows:
  S 19-A. RENTAL ASSISTANCE FOR LOW-INCOME FAMILIES LIVING  IN  PRIVATE-
LY-OWNED  RENTAL  HOUSING.  1.  DEFINITIONS.  FOR  THE  PURPOSES OF THIS
SECTION:

A. 9006--B                         192

  (A) "LOW-INCOME FAMILY" MEANS A FAMILY WHOSE INCOME  DOES  NOT  EXCEED
FIFTY PERCENT OF AREA MEDIAN INCOME;
  (B)  "VERY  LOW-INCOME  FAMILY"  MEANS  A FAMILY WHOSE INCOME DOES NOT
EXCEED THIRTY PERCENT OF AREA MEDIAN INCOME; AND
  (C) "AREA MEDIAN INCOME" MEANS THE AREA MEDIAN INCOME FOR THE  PRIMARY
METROPOLITAN  STATISTICAL  AREA,  OR FOR THE COUNTY IF LOCATED OUTSIDE A
METROPOLITAN STATISTICAL  AREA,  AS  DETERMINED  BY  THE  UNITED  STATES
DEPARTMENT  OF  HOUSING  AND  URBAN DEVELOPMENT, OR ITS SUCCESSOR, FOR A
FAMILY OF FOUR, AS ADJUSTED FOR FAMILY SIZE.
  2. SUBJECT TO FUNDS APPROPRIATED,  THE  COMMISSIONER  OR  HIS  OR  HER
DESIGNEE  SHALL  IMPLEMENT AND ADMINISTER A PROGRAM OF RENTAL ASSISTANCE
FOR LOW-INCOME FAMILIES AND VERY LOW-INCOME FAMILIES LIVING IN  PRIVATE-
LY-OWNED  RENTAL  HOUSING.  SUCH  PROGRAM SHALL PROVIDE FIFTY PERCENT OF
SUCH RENTAL ASSISTANCE TO VERY LOW INCOME FAMILIES;  PROVIDED,  HOWEVER,
THAT  THE COMMISSIONER OR HIS OR HER DESIGNEE MAY ADMIT A LOWER PERCENT-
AGE OF VERY LOW-INCOME FAMILIES UPON A DETERMINATION THAT THE  FOLLOWING
CIRCUMSTANCES NECESSITATE THE USE OF SUCH LOWER PERCENT:
  (A)  THE  COMMISSIONER  OR  HIS OR HER DESIGNEE HAS OPENED ITS WAITING
LIST FOR A REASONABLE AMOUNT OF TIME FOR ADMISSION;
  (B) THE COMMISSIONER OR HIS OR HER DESIGNEE HAS PROVIDED  FULL  PUBLIC
NOTICE OF SUCH OPENINGS TO SUCH FAMILIES, AND HAS CONDUCTED OUTREACH AND
MARKETING TO SUCH FAMILIES, INCLUDING OUTREACH AND MARKETING TO FAMILIES
IN  HOMELESS  SHELTERS  OR  ON THE FEDERAL SECTION 8 AND/OR OTHER PUBLIC
HOUSING WAITING LISTS OF ANY MUNICIPAL HOUSING AUTHORITIES IN THE STATE;
AND
  (C) NOTWITHSTANDING SUCH ACTIONS BY THE COMMISSIONER  OR  HIS  OR  HER
DESIGNEE,  THERE  ARE  NOT  ENOUGH  VERY LOW-INCOME FAMILIES TO FILL THE
AVAILABLE SLOTS IN THE PROGRAM DURING ANY FISCAL YEAR.
  3. HOUSING ELIGIBLE FOR PARTICIPATION IN THE PROGRAM SHALL COMPLY WITH
APPLICABLE STATE AND LOCAL HEALTH, HOUSING, BUILDING, AND SAFETY CODES.
  4. THE COMMISSIONER OR HIS OR HER  DESIGNEE  SHALL  ESTABLISH  MAXIMUM
RENT  LEVELS FOR EACH MUNICIPALITY IN A MANNER THAT TAKES INTO CONSIDER-
ATION CURRENT POVERTY AND HOMELESSNESS LEVELS IN ALL MUNICIPALITIES. ANY
CERTIFICATE ISSUED PURSUANT TO THIS SECTION MAY BE USED FOR  HOUSING  IN
ANY  MUNICIPALITY  IN THE STATE. THE COMMISSIONER OR HIS OR HER DESIGNEE
SHALL INFORM CERTIFICATE HOLDERS THAT A CERTIFICATE MAY BE USED  IN  ANY
MUNICIPALITY  AND, TO THE EXTENT PRACTICABLE, THE COMMISSIONER OR HIS OR
HER DESIGNEE SHALL ASSIST CERTIFICATE HOLDERS IN FINDING HOUSING IN  THE
MUNICIPALITY OF THEIR CHOICE.
  5.  THE  RENTAL  ASSISTANCE  VOUCHER  SHALL BE USED WITHIN ONE HUNDRED
TWENTY DAYS OF ISSUANCE. THE COMMISSIONER OR HIS  OR  HER  DESIGNEE  MAY
EXTEND THE EXPIRATION DATE OF THE CERTIFICATE IN ONE OR MORE INCREMENTS.
SUCH EXTENSIONS SHALL NOT EXCEED A TOTAL OF NINETY DAYS. THE CERTIFICATE
HOLDER  SHALL  HAVE A MAXIMUM OF TWO HUNDRED TEN DAYS TO LOCATE SUITABLE
HOUSING UNLESS THE COMMISSIONER FINDS GOOD CAUSE TO EXTEND  THE  MAXIMUM
PERIOD.
  6.  NOTHING IN THIS SECTION SHALL GIVE ANY PERSON A RIGHT TO CONTINUED
RECEIPT OF RENTAL ASSISTANCE AT ANY TIME THAT THE PROGRAM IS NOT FUNDED.
  7. THE COMMISSIONER OR HIS OR HER DESIGNEE SHALL ADOPT REGULATIONS  IN
ACCORDANCE  WITH  THE  PROVISIONS OF SECTION NINETEEN OF THIS ARTICLE TO
CARRY OUT THE PURPOSES OF THIS SECTION. SUCH REGULATIONS SHALL  INCLUDE,
BUT NOT BE LIMITED TO:
  (A)  REQUIRING A WRITTEN NOTICE OF DENIAL TO BE PROVIDED TO APPLICANTS
STATING WITH SPECIFICITY THE REASON FOR DENIAL; AND
  (B) THE APPEAL'S PROCESS AVAILABLE TO A DENIED APPLICANT.
  S 2. This act shall take effect immediately.

A. 9006--B                         193

                                 PART Y

  Section  1. The private housing finance law is amended by adding a new
article 28 to read as follows:
                             ARTICLE XXVIII
              DEVELOPING AFFORDABLE SENIOR HOUSING PROGRAM
SECTION 1233. DEFINITIONS.
        1234. DEVELOPING AFFORDABLE SENIOR HOUSING PROGRAM.
  S 1233. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "AREA MEDIAN  INCOME"
MEANS  THE  AREA  MEDIAN INCOME FOR THE PRIMARY METROPOLITAN STATISTICAL
AREA, OR FOR THE COUNTY IF LOCATED OUTSIDE  A  METROPOLITAN  STATISTICAL
AREA, AS DETERMINED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT,  OR  ITS  SUCCESSOR,  FOR A FAMILY OF FOUR, AS ADJUSTED FOR
FAMILY SIZE.
  2. "CONVERSION" SHALL MEAN ALL WORK NECESSARY TO  CONVERT  NONRESIDEN-
TIAL PROPERTY INTO A RENTAL REHABILITATION PROJECT.
  3.  "CORPORATION" SHALL MEAN THE HOUSING TRUST FUND CORPORATION ESTAB-
LISHED IN SECTION FORTY-FIVE-A OF THIS CHAPTER.
  4. "ELIGIBLE APPLICANT"  SHALL  MEAN  A  CITY,  TOWN,  OR  VILLAGE;  A
NOT-FOR-PROFIT  CORPORATION  IN  EXISTENCE  FOR  A PERIOD OF ONE OR MORE
YEARS PRIOR TO APPLICATION, WHICH IS, OR WILL BE AT THE TIME  OF  AWARD,
INCORPORATED  UNDER THE NOT-FOR-PROFIT CORPORATION LAW; A HOUSING DEVEL-
OPMENT FUND COMPANY INCORPORATED PURSUANT  TO  ARTICLE  ELEVEN  OF  THIS
CHAPTER; OR A MUNICIPAL HOUSING AUTHORITY CREATED PURSUANT TO THE PUBLIC
HOUSING LAW.
  5.  "PRIVATE  DEVELOPER"  SHALL  MEAN  A  PERSON, FIRM, PARTNERSHIP OR
CORPORATION WHICH IS NOT OTHERWISE INCLUDED IN THE DEFINITION OF "ELIGI-
BLE APPLICANT".
  6. "PROJECT" SHALL MEAN A RENTAL PROJECT SERVING OR INTENDED TO  SERVE
PERSONS AGE SIXTY-TWO YEARS OR OLDER WITH AN AREA MEDIAN INCOME OF SIXTY
PERCENT  OR  LESS. IN CASES WHERE ANY SUCH PROJECT CONSISTS OF LESS THAN
THE TOTAL NUMBER OF UNITS OR THE TOTAL AMOUNT OF FLOOR SPACE OF A  PROP-
ERTY,  ANY  REFERENCE IN THIS ARTICLE TO A "PROJECT" OR "RENTAL PROJECT"
SHALL MEAN THAT PORTION OF SUCH PROPERTY WHICH MAKES UP SUCH PROJECT.
  7. "REHABILITATION" SHALL MEAN ALL WORK NECESSARY TO BRING A  RESIDEN-
TIAL  PROPERTY  INTO COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS
INCLUDING BUT NOT LIMITED TO THE INSTALLATION, REPLACEMENT OR REPAIR  OF
HEATING, PLUMBING, ELECTRICAL AND RELATED SYSTEMS AND THE ELIMINATION OF
ALL  HAZARDOUS  AND IMMEDIATELY HAZARDOUS VIOLATIONS IN THE STRUCTURE IN
ACCORDANCE WITH STATE AND LOCAL LAWS AND REGULATIONS OF STATE AND  LOCAL
AGENCIES.    REHABILITATION  MAY  ALSO INCLUDE RECONSTRUCTION OR WORK TO
IMPROVE THE HABITABILITY OR PROLONG THE USEFUL LIFE OF  THE  RESIDENTIAL
PROPERTY.
  8.  "RENTAL  PROJECT"  SHALL  MEAN ANY VACANT PROPERTY, OR ANY PORTION
THEREOF, OR  ANY  NEW  RESIDENTIAL  CONSTRUCTION  WHICH,  SUBSEQUENT  TO
CONSTRUCTION,  CONVERSION  OR REHABILITATION UNDER THIS ARTICLE, WILL BE
OWNED AND OPERATED AS RENTAL RESIDENTIAL PROPERTY.
  S 1234. DEVELOPING AFFORDABLE SENIOR HOUSING PROGRAM.  1.  WITHIN  THE
LIMIT  OF  FUNDS  AVAILABLE  IN THE DEVELOPING AFFORDABLE SENIOR HOUSING
PROGRAM, THE CORPORATION IS HEREBY AUTHORIZED TO  ENTER  INTO  CONTRACTS
WITH  ELIGIBLE APPLICANTS AND/OR PRIVATE DEVELOPERS TO PROVIDE FINANCIAL
ASSISTANCE FOR THE ACTUAL COSTS OF DEVELOPING AFFORDABLE SENIOR  HOUSING
PROJECTS. THE FINANCIAL ASSISTANCE SHALL BE EITHER IN THE FORM OF GRANTS
OR  LOANS,  AS  THE  CORPORATION SHALL DETERMINE.   SUCH CONTRACTS SHALL
PROVIDE THAT A PRIVATE DEVELOPER, IF APPLICABLE, MAKE AN EQUITY  INVEST-
MENT  OF THE GREATER OF (A) TWO AND ONE-HALF PERCENT OF PROJECT COSTS OR

A. 9006--B                         194

(B) FIVE PERCENT OF PROJECT COSTS LESS GRANTS WHICH ARE TO BE APPLIED TO
SUCH COSTS. THE FOREGOING SHALL NOT PRECLUDE A  PRIVATE  DEVELOPER  FROM
MAKING  A  GREATER EQUITY INVESTMENT. ANY PAYMENTS, GRANTS OR LOANS MADE
BY  THE  CORPORATION THAT REMAIN OUTSTANDING AT THE TIME OF RESALE SHALL
BE SUBJECT TO REPAYMENT IN WHOLE OR IN PART  UPON  RESALE  AFTER  TERMI-
NATION OF THE REGULATORY PERIOD AND AS OTHERWISE PROVIDED THEREIN.  SUCH
REPAYMENT  PROVISIONS MAY SURVIVE THE END OF THE REGULATORY PERIOD. SUCH
CONTRACTS MAY PROVIDE THAT ELIGIBLE APPLICANTS SHALL EITHER (C)  PERFORM
ACTIVITIES  SPECIFIED UNDER THE CONTRACT THEMSELVES OR (D) ACT AS ADMIN-
ISTRATORS OF  A  PROGRAM  UNDER  WHICH  PROJECTS  ARE  REHABILITATED  OR
CONSTRUCTED  OR  CONVERTED  BY  OTHER ELIGIBLE APPLICANTS OR (E) PERFORM
BOTH SUCH FUNCTIONS. IN THE CASE OF A MUNICIPALITY ACTING AS AN ADMINIS-
TRATOR, FUNDS PROVIDED TO  SUCH  MUNICIPALITY  HEREUNDER  SHALL  NOT  BE
DEEMED  TO  BE MUNICIPAL FUNDS.   PAYMENTS, GRANTS AND LOANS SHALL BE ON
SUCH TERMS AND CONDITIONS AS THE CORPORATION, OR THE ELIGIBLE  APPLICANT
WITH  THE  APPROVAL OF THE CORPORATION, AS THE CASE MAY BE, SHALL DETER-
MINE. PAYMENTS, GRANTS AND LOANS SHALL BE USED TO PAY FOR THE ACTUAL AND
NECESSARY COST OF ACQUISITION, CONSTRUCTION, REHABILITATION  OR  CONVER-
SION, PROVIDED THAT NOT MORE THAN FIFTY PERCENT OF SUCH PAYMENTS, GRANTS
AND LOANS RECEIVED FOR THE REHABILITATION, CONSTRUCTION OR CONVERSION OF
A  PROJECT MAY BE USED FOR THE COST OF THE PROJECT'S ACQUISITION AND NOT
MORE THAN TEN PERCENT OF SUCH PAYMENTS, GRANTS AND LOANS MAY BE USED FOR
THE REHABILITATION, CONSTRUCTION OR  CONVERSION  OF  SUPPORTIVE  HOUSING
FACILITIES  AND,  PROVIDED FURTHER, THAT PAYMENTS, GRANTS OR LOANS SHALL
NOT BE USED FOR (F) THE ADMINISTRATIVE COSTS OF  AN  ELIGIBLE  APPLICANT
AND/OR  PRIVATE DEVELOPER EXCEPT AS OTHERWISE AUTHORIZED BY LAW, (G) THE
COST OF THE ACQUISITION, CONSTRUCTION, CONVERSION OR  REHABILITATION  OF
RESIDENTIAL  UNITS  WHICH, SUBSEQUENT TO SUCH ACQUISITION, CONSTRUCTION,
CONVERSION OR REHABILITATION, ARE TO BE OCCUPIED BY PERSONS  OTHER  THAN
PERSONS  OF  AGE  SIXTY-TWO YEARS OR ABOVE WITH AN AREA MEDIAN INCOME OF
SIXTY  PERCENT  OR  LESS,  AND  (H)  THE  COST   OF   THE   ACQUISITION,
CONSTRUCTION, CONVERSION OR REHABILITATION OF UNITS WHICH, SUBSEQUENT TO
SUCH  ACQUISITION, CONSTRUCTION, CONVERSION OR REHABILITATION, ARE OCCU-
PIED OR TO BE OCCUPIED FOR OTHER THAN RESIDENTIAL PURPOSES,  EXCEPT  FOR
SUPPORTIVE  HOUSING  FACILITIES  AS  DESCRIBED  ABOVE. NO SUCH PAYMENTS,
GRANTS OR LOANS SHALL EXCEED A TOTAL OF  SEVENTY-FIVE  THOUSAND  DOLLARS
PER  DWELLING UNIT. AMONG THE CRITERIA THE CORPORATION SHALL CONSIDER IN
DETERMINING WHETHER TO PROVIDE ADDITIONAL FUNDS, BUT NOT SUCH  THAT  THE
SEVENTY-FIVE  THOUSAND  DOLLAR PER UNIT DWELLING LIMIT IS EXCEEDED, ARE:
AVERAGE COST OF CONSTRUCTION IN THE AREA, LOCATION OF  THE  PROJECT  AND
THE IMPACT OF THE ADDITIONAL FUNDING ON THE AFFORDABILITY OF THE PROJECT
FOR  THE  OCCUPANTS  OF  SUCH PROJECT.   THE LENGTH OF ANY LOAN PROVIDED
UNDER THIS ARTICLE SHALL NOT EXCEED THIRTY YEARS.
  2. THE TOTAL PAYMENT PURSUANT TO ANY ONE  CONTRACT  SHALL  NOT  EXCEED
SEVENTY-FIVE  THOUSAND  DOLLARS PER UNIT, AND THE CONTRACT SHALL PROVIDE
FOR COMPLETION OF THE PROJECT WITHIN A REASONABLE PERIOD,  AS  SPECIFIED
THEREIN,  WHICH  SHALL  NOT  IN  ANY  EVENT  EXCEED THREE YEARS FROM ITS
COMMENCEMENT. UPON REQUEST, THE CORPORATION MAY EXTEND THE TERM  OF  THE
CONTRACT  FOR UP TO TWO ADDITIONAL ONE YEAR PERIODS FOR GOOD CAUSE SHOWN
BY THE ELIGIBLE APPLICANT AND/OR PRIVATE DEVELOPER.
  3. THE CORPORATION MAY AUTHORIZE THE ELIGIBLE APPLICANT AND/OR PRIVATE
DEVELOPER TO SPEND UP TO SEVEN AND ONE  HALF  PERCENT  OF  THE  CONTRACT
AMOUNT  FOR  APPROVED ADMINISTRATIVE COSTS ASSOCIATED WITH ADMINISTERING
THE PROJECT.
  4. THE CORPORATION SHALL REQUIRE  THAT,  IN  ORDER  TO  RECEIVE  FUNDS
PURSUANT TO THIS ARTICLE, THE ELIGIBLE APPLICANT AND/OR PRIVATE DEVELOP-

A. 9006--B                         195

ER  SHALL  SUBMIT  A  PLAN  WHICH  SHALL INCLUDE, BUT NOT BE LIMITED TO,
PROJECT FEASIBILITY, IMPACT ON THE COMMUNITY, BUDGET FOR EXPENDITURE  OF
PROJECT  FUNDS,  A  SCHEDULE  FOR COMPLETION OF THE PROJECT, AFFIRMATIVE
ACTION AND MINORITY BUSINESS PARTICIPATION.
  5.  ALL  PROJECTS  RESULTING FROM A CONTRACT FROM THE CORPORATION AS A
RESULT OF THIS CHAPTER SHALL BE OPERATED AS RENTAL  PROPERTY,  AND  WHEN
LOCATED  IN THE CITY OF NEW YORK SHALL BE SUBJECT TO THE RENT STABILIZA-
TION LAW OF NINETEEN HUNDRED SIXTY-NINE, AND WHEN LOCATED IN  A  MUNICI-
PALITY WHICH HAS ELECTED TO BE COVERED BY THE PROVISIONS OF THE EMERGEN-
CY  TENANT  PROTECTION  ACT  OF NINETEEN SEVENTY-FOUR, BE SUBJECT TO THE
PROVISIONS OF SUCH ACT.
  6. NOTWITHSTANDING THE PROVISIONS OF, OR  ANY  REGULATION  PROMULGATED
PURSUANT TO, THE EMERGENCY HOUSING RENT CONTROL LAW, THE LOCAL EMERGENCY
HOUSING  RENT  CONTROL  ACT,  OR LOCAL LAW ENACTED PURSUANT THERETO, THE
RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, OR THE  EMERGENCY
TENANT  PROTECTION  ACT OF NINETEEN SEVENTY-FOUR, THE ELIGIBLE APPLICANT
AND/OR PRIVATE DEVELOPER WITH THE APPROVAL OF THE CORPORATION SHALL  NOT
SET  RENT  LEVELS  FOR ANY UNIT AT A LEVEL HIGHER THAN THIRTY PERCENT OF
SUCH UNIT'S HOUSEHOLD GROSS INCOME FOR ANY RENTAL HOUSING  ACCOMMODATION
WHICH IS LOCATED IN A RENTAL PROJECT RECEIVING PAYMENTS, GRANTS OR LOANS
UNDER THIS ARTICLE.
  7.  ANY RENTAL PROJECT WHICH RECEIVES PAYMENTS, GRANTS OR LOANS PURSU-
ANT TO THIS ARTICLE SHALL BE SUBJECT TO THE APPLICABLE PROVISIONS  AS  A
CONDITION  OF  RECEIVING  SUCH PAYMENTS, GRANTS OR LOANS FOR A PERIOD OF
TWENTY YEARS FOLLOWING COMPLETION OF REHABILITATION  WORK,  CONSTRUCTION
OR  CONVERSION  OR  FOR THE PERIOD DURING WHICH ANY LOAN OR INDEBTEDNESS
RECEIVED UNDER THIS ARTICLE REMAINS OUTSTANDING, WHICHEVER  IS  GREATER,
PROVIDED  HOWEVER  THAT  ALL  HOUSING  ACCOMMODATIONS IN RENTAL PROJECTS
SHALL CONTINUE TO BE SUBJECT TO THE RENT STABILIZATION LAW  OF  NINETEEN
HUNDRED  SIXTY-NINE  OR  THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN
SEVENTY-FOUR, AS PROVIDED IN SUBDIVISION FIVE OF THIS  SECTION,  AS  THE
CASE MAY BE, FOR THE PERIOD SPECIFIED IN SUCH SUBDIVISION AND THEREAFTER
THE  APPLICABILITY OF SUCH LAWS SHALL TERMINATE AS TO EACH ACCOMMODATION
UPON THE FIRST VACANCY WHICH OCCURS IN EACH ACCOMMODATION.
  8. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION SEVEN OF THIS SECTION
TO THE CONTRARY, IN THE CASE OF PROJECTS SUBJECT TO A MORTGAGE  MADE  BY
ANY LENDER:
  (A)  SUCH  LENDER,  IF NOT THE CORPORATION, SHALL GIVE THE CORPORATION
NOTICE WHEN AN OWNER HAS DEFAULTED ON ANY PAYMENT OF PRINCIPAL OR INTER-
EST ON SUCH MORTGAGE LOAN FOR A PROJECT FOR A PERIOD  OF  SIXTY  CONSEC-
UTIVE DAYS.
  (B)  FOLLOWING  RECEIPT OF SUCH NOTICE, OR AT SUCH EARLIER TIME AS THE
CORPORATION DEEMS APPROPRIATE, THE CORPORATION SHALL SEEK TO  CURE  SUCH
DEFAULT  AND MAKE THE PROJECT ECONOMICALLY VIABLE BY ASSISTING THE OWNER
IN ENTERING INTO A MORTGAGE MODIFICATION AGREEMENT WITH  THE  LENDER,  A
REFINANCING  AGREEMENT,  FINDING  A  NEW  ELIGIBLE  APPLICANT TO OWN THE
PROJECT AND ASSUME THE OBLIGATIONS UNDER THE  MORTGAGE  OR  TAKING  SUCH
OTHER  ACTIONS,  CONSISTENT  WITH THE PROVISIONS OF THIS ARTICLE, AS THE
CORPORATION DEEMS APPROPRIATE.
  (C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A) AND (B)  OF  THIS
SUBDIVISION,  WITH RESPECT TO ANY LENDER OTHER THAN THE CORPORATION, THE
CORPORATION MAY PROVIDE IN AGREEMENTS RESPECTING ANY PROJECT THAT  WHERE
A LENDER SHALL HAVE FORECLOSED OR OBTAINED TITLE TO A PROJECT IN ACCORD-
ANCE WITH LAW AND THE PROVISIONS OF ITS MORTGAGE, THE PROJECT OR PARTIC-
ULAR  RESIDENTIAL  UNITS  THEREIN  SHALL  NOT  BE SUBJECT TO ONE OR MORE
PROVISIONS OF THIS ARTICLE, OTHER THAN THE RENT  STABILIZATION  COVERAGE

A. 9006--B                         196

PROVISIONS  OF  SUBDIVISION FIVE OF THIS SECTION. ANY AGREEMENT PURSUANT
TO THIS PARAGRAPH SHALL ONLY BE MADE UPON A FINDING BY  THE  CORPORATION
THAT  SUCH  AGREEMENT IS NECESSARY IN ORDER TO ENABLE A PROJECT OWNER TO
OBTAIN A MORTGAGE LOAN FROM A LENDER OTHER THAN THE CORPORATION.
  S 2. This act shall take effect immediately.

                                 PART Z

  Section  1.  The public housing law is amended by adding a new section
14-a to read as follows:
  S 14-A. NEW YORK STATE COMMUNITY AND HOUSING STABILIZATION FUND.    1.
FOR  THE  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  (A) "HOME LOAN" SHALL MEAN A FIRST OR SUBORDINATE LIEN  LOAN  THAT  IS
SECURED  BY  A BORROWER'S INTEREST IN: (I) RESIDENTIAL REAL PROPERTY AND
ANY IMPROVEMENTS OR STRUCTURES THEREON; (II) A SHARE  OF  A  COOPERATIVE
CORPORATION THAT ENTITLES A BORROWER TO A HOUSING UNIT; OR (III) A RESI-
DENTIAL  STRUCTURE  THAT IS PART OF A CONDOMINIUM DEVELOPMENT. HOME LOAN
SHALL ALSO INCLUDE  INTEREST,  TAXES,  HOMEOWNERSHIP  ASSOCIATION  FEES,
CARRYING CHARGES, AND OTHER LIENS ENCUMBERING THE RESIDENCE;
  (B)  "VACANT AND ABANDONED" SHALL MEAN (I) THAT AT LEAST THREE MONTHLY
PAYMENTS ARE PAST DUE ON THE HOME LOAN, OR THE  MORTGAGOR  HAS  INFORMED
THE  MORTGAGEE OR LOAN SERVICING COMPANY, IN WRITING, THAT THE MORTGAGOR
DOES NOT INTEND TO OCCUPY THE PROPERTY IN THE FUTURE; AND  (II)  EITHER:
(A)  THERE  IS  A  REASONABLE  BASIS TO BELIEVE THAT THE PROPERTY IS NOT
OCCUPIED; OR (B) A COURT, OR OTHER APPROPRIATE STATE  OR  LOCAL  GOVERN-
MENTAL  ENTITY,  HAS DETERMINED THAT SUCH RESIDENTIAL REAL PROPERTY IS A
RISK TO THE HEALTH, SAFETY, OR WELFARE OF THE PUBLIC, ANY  ADJOINING  OR
ADJACENT  PROPERTY  OWNER;  OR HAS OTHERWISE DECLARED THE PROPERTY UNFIT
FOR OCCUPANCY;
  (C) "RESIDENCE" SHALL MEAN  REAL  PROPERTY  AND  ANY  IMPROVEMENTS  OR
STRUCTURES  THEREON, OR AN INTEREST THEREIN, THAT IS LOCATED IN NEW YORK
STATE AND PRINCIPALLY INTENDED FOR OCCUPANCY BY ONE TO FOUR FAMILIES;
  (D) "HOMEOWNER" SHALL MEAN A NATURAL PERSON WHOSE HOME LOAN WAS ORIGI-
NATED NO LESS THAN EIGHTEEN MONTHS PRIOR TO THE DATE OF APPLICATION,  IS
THE  OCCUPANT OF A RESIDENCE THAT SECURES SUCH HOME LOAN, AND SUCH RESI-
DENCE IS HIS OR HER PRINCIPAL DWELLING;
  (E) "ELIGIBLE INSTITUTION" SHALL MEAN A COMMUNITY  DEVELOPMENT  FINAN-
CIAL  INSTITUTION OR A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION PART-
NERED WITH A NOT-FOR-PROFIT. SUCH ELIGIBLE COMMUNITY DEVELOPMENT  FINAN-
CIAL  INSTITUTION  SHALL  HAVE A RECORD OF SUCCESS IN SERVING INVESTMENT
AREAS OR TARGETED POPULATIONS; AND/OR WILL EXPAND ITS OPERATIONS INTO  A
NEW  INVESTMENT  AREA  OR TO SERVE A NEW TARGETED POPULATION, OFFER MORE
PRODUCTS OR SERVICES, OR INCREASE THE VOLUME OF  ITS  CURRENT  BUSINESS.
SUCH  ELIGIBLE  NOT-FOR-PROFIT  SHALL  HAVE  THE  ABILITY TO: COORDINATE
AND/OR CONNECT HOMEOWNERS  TO  COUNSELING,  MEDIATION,  LEGAL  REPRESEN-
TATION,  AND  NEGOTIATE  ON  BEHALF  OF  HOMEOWNERS  SEEKING A HOME LOAN
PAYMENT MODIFICATION; PROVIDE TRAINING AND SUPPORT FOR COUNSELORS, MEDI-
ATORS, AND  ATTORNEYS  REGARDING  SUCH  ASSISTANCE  TO  HOMEOWNERS;  AND
PROVIDE CREDIT COUNSELING;
  (F) "COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION" OR "CDFI" SHALL MEAN
AN  ORGANIZATION  LOCATED  IN  THIS  STATE WHICH HAS BEEN CERTIFIED AS A
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION  BY  THE  FEDERAL  COMMUNITY
DEVELOPMENT  FINANCIAL  INSTITUTIONS FUND, AS ESTABLISHED PURSUANT TO 12
U.S.C. 4701 ET SEQ., AS AMENDED FROM TIME TO TIME; AND

A. 9006--B                         197

  (G) "INVESTMENT AREA" MEANS A GEOGRAPHIC AREA THAT  IS  DETERMINED  BY
THE  COMMISSIONER  AS  MEETING CRITERIA INDICATIVE OF ECONOMIC DISTRESS,
INCLUDING UNEMPLOYMENT RATE; FORECLOSURE RATE; PERCENTAGES  AND  NUMBERS
OF  LOW-INCOME  PERSONS;  PER CAPITA INCOME AND PER CAPITA REAL PROPERTY
WEALTH;  AND SUCH OTHER INDICATORS OF DISTRESS AS THE COMMISSIONER SHALL
DETERMINE. ECONOMICALLY DISTRESSED AREAS  MAY  INCLUDE  CITIES,  MUNICI-
PALITIES, BLOCK NUMBERING AREAS, AND CENSUS TRACTS.
  2.  THE COMMISSIONER SHALL ESTABLISH AND ADMINISTER A FUND TO BE KNOWN
AS THE "NEW YORK STATE COMMUNITY AND HOUSING STABILIZATION FUND,"  WHICH
SHALL  CONSIST  OF  FUNDS  DEPOSITED  THEREIN. NOTHING CONTAINED IN THIS
SECTION SHALL PREVENT THE COMMISSIONER FROM RECEIVING GRANTS, GIFTS,  OR
OTHER  MONIES  FROM  OTHER SOURCES, OR BEQUESTS AND DEPOSITING THEM INTO
THE FUND. THE COMMISSIONER SHALL NOT COMMINGLE THE MONIES IN  SUCH  FUND
WITH ANY OTHER MONIES. THE COMMISSIONER SHALL ALSO:
  (A) DEVELOP AND IMPLEMENT A PLAN TO ADMINISTER THE FUND AS A REVOLVING
LOAN FUND;
  (B)  APPLY FOR PUBLIC OR PRIVATE GRANT MONEY THAT BECOMES AVAILABLE TO
CARRY OUT THE PURPOSE OF THIS SECTION; AND
  (C) COORDINATE WITH MUNICIPALITIES TO IDENTIFY MORTGAGE NOTES THAT MAY
BE ACQUIRED BY THE ELIGIBLE INSTITUTIONS.
  3. THE MONIES IN THE FUND SHALL BE AWARDED  TO  ELIGIBLE  INSTITUTIONS
FOLLOWING  THE  REQUEST  FOR  PROPOSALS  PROCESS ESTABLISHED PURSUANT TO
SUBDIVISION FOUR OF THIS SECTION AND  USED  TO:  (A)  PURCHASE  MORTGAGE
NOTES  ON  RESIDENCES AT DISCOUNTED RATES; (B) BE MADE AVAILABLE THROUGH
GRANTS AND/OR LOANS TO ELIGIBLE HOMEOWNERS, SUCH  ELIGIBILITY  SHALL  BE
BASED  ON  REGULATIONS  TO  BE  PROMULGATED BY THE COMMISSIONER; AND (C)
ACQUIRE, PURCHASE, OR SELL RESIDENCES AND/OR  MORTGAGE  NOTES  ON  RESI-
DENCES AT RATES THAT ARE DISCOUNTED, AT OR BELOW MARKET RATES FROM LEND-
ERS, NOT-FOR-PROFITS COORDINATING THE TRANSFER OF PROPERTIES FROM FINAN-
CIAL  INSTITUTIONS, LOCAL, STATE, AND/OR FEDERAL GOVERNMENTS AT AUCTION,
THROUGH SHORT SALE, OR OTHER SALE WITH THE INTENT TO:
  (I) WHERE POSSIBLE, MODIFY THE HOME LOAN TO AN AFFORDABLE RATE TO KEEP
THE CURRENT HOMEOWNERS IN THE PROPERTY CONSIDERING THE HOMEOWNER'S  NEED
FOR  ASSISTANCE AND OPPORTUNITY TO SUCCESSFULLY RESTRUCTURE THE APPLICA-
BLE HOME LOAN TO ALLOW THE HOMEOWNER TO CONTINUE  TO  OCCUPY  THE  RESI-
DENCE;
  (II) RENT OR SELL BACK TO HOMEOWNERS WITH AN AFFORDABLE LOAN;
  (III)  FUND  NOT-FOR-PROFIT  DEVELOPMENT ENTITIES WHICH ACQUIRE VACANT
AND ABANDONED PROPERTIES AND DEVELOP  SUCH  PROPERTIES  INTO  AFFORDABLE
HOUSING;
  (IV) REHABILITATE DISTRESSED PROPERTIES FOR NEW OWNERS; AND/OR
  (V) DEMOLISH HOMES THAT ARE DILAPIDATED OR REASONABLY BEYOND REPAIR.
  4.  (A) IN AWARDING FUNDING TO ELIGIBLE INSTITUTIONS, THE COMMISSIONER
SHALL SELECT FROM ELIGIBLE INSTITUTIONS PURSUANT TO CRITERIA ESTABLISHED
BY REGULATION, WHICH CRITERIA SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) THE EXPERIENCE AND BACKGROUND OF THE ELIGIBLE INSTITUTION'S  BOARD
OF DIRECTORS OR MANAGEMENT TEAM;
  (II)  THE EXTENT OF NEED WITHIN THE INVESTMENT AREAS OR TARGETED POPU-
LATIONS;
  (III) THE EXTENT OF ECONOMIC DISTRESS WITHIN THE INVESTMENT  AREAS  OR
THE EXTENT OF NEED WITHIN THE TARGETED POPULATIONS;
  (IV)  THE  EXTENT  OF  THE  ELIGIBLE INSTITUTION'S CURRENT AND PLANNED
COMMUNITY INVOLVEMENT;
  (V) THE EXTENT TO WHICH THE ELIGIBLE  INSTITUTION  WILL  INCREASE  ITS
RESOURCES  THROUGH  COORDINATION  WITH  OTHER  ELIGIBLE  INSTITUTIONS OR
ENCOURAGE COLLABORATIVE APPLICATIONS BY MULTIPLE ELIGIBLE INSTITUTIONS;

A. 9006--B                         198

  (VI) IN THE CASE OF AN INSTITUTION WITH A  PRIOR  HISTORY  OF  SERVING
INVESTMENT AREAS OR TARGETED POPULATIONS, THE EXTENT OF SUCCESS IN SERV-
ING SUCH AREAS OR POPULATIONS;
  (VII)  THE  EXTENT  TO  WHICH ELIGIBLE INSTITUTIONS WOULD USE FUNDS TO
RESTRUCTURE HOME LOANS TO ALLOW HOMEOWNERS TO CONTINUE TO  OCCUPY  THEIR
RESIDENCES; AND
  (VIII) OTHER FACTORS DEEMED TO BE APPROPRIATE BY THE COMMISSIONER.
  (B)  IN  ALLOCATING FUNDING TO ELIGIBLE INSTITUTIONS, THE COMMISSIONER
SHALL BE AUTHORIZED TO MAKE FUNDING AVAILABLE IN  ANY  MANNER  NECESSARY
FOR  SUCH  ELIGIBLE  INSTITUTION TO PARTICIPATE IN AUCTIONS DISPOSING OF
MORTGAGE  NOTES,  INCLUDING  PROVIDING  THE   ELIGIBLE   INSTITUTION   A
STATE-BACKED  GUARANTY  PROMISING  SUFFICIENT  FUNDS,  WITHIN  AVAILABLE
APPROPRIATED FUNDING, TO THE ELIGIBLE  INSTITUTION  TO  ALLOW  FOR  SUCH
PARTICIPATION IN SUCH AUCTIONS OR IN ANY OTHER MANNER NECESSARY.
  5. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO:
  (A)  DEVELOP  APPLICATION AND REPORTING PROCEDURES FOR ELIGIBLE INSTI-
TUTIONS TO USE TO APPLY FOR FUNDS TO CARRY OUT THE  PROVISIONS  OF  THIS
SECTION  AND  CRITERIA FOR USE BY THE ELIGIBLE INSTITUTIONS THAT RECEIVE
FUNDS PURSUANT TO THIS SECTION TO EVALUATE APPLICATIONS  FOR  ASSISTANCE
FROM HOMEOWNERS FOR THE PROVISION OF HOME LOAN MODIFICATION;
  (B) ALLOW FOR THE RECOVERY BY ELIGIBLE INSTITUTIONS OF UNPAID PORTIONS
OF  AN  ISSUED LOAN IF A HOMEOWNER SELLS HIS OR HER RESIDENCE; PROVIDED,
HOWEVER, IF THERE IS A DEFAULT IN PAYMENT BY THE HOMEOWNER THAT  IS  NOT
REMEDIED  WITHIN  NINETY  DAYS OF SUCH DEFAULT, THE ELIGIBLE INSTITUTION
SHALL BE AUTHORIZED TO TAKE LEGAL RECOURSE  NECESSARY  TO  RECEIVE  SUCH
MONEY AND INTEREST THAT IS DUE AND OWING, INCLUDING, BUT NOT LIMITED TO:
FILING  A  LIEN  AGAINST SUCH RESIDENCE OR COMMENCING A LEGAL ACTION FOR
REPAYMENT OF SUCH FUNDS;
  (C) DEVELOP LOAN GUIDELINES FOR FUNDS ISSUED TO AND  LOANS  ISSUED  BY
ELIGIBLE INSTITUTIONS;
  (D)  DEVELOP PROCEDURES BY WHICH ANY INTEREST, ACCRUED ON A LOW-INTER-
EST LOAN ISSUED TO A HOMEOWNER PURSUANT TO THIS SECTION AND RECEIVED  BY
AN  ELIGIBLE INSTITUTION, SHALL BE REMITTED BACK INTO THE REVOLVING LOAN
FUND;
  (E) ESTABLISH THE PROCEDURE BY WHICH THE REQUEST FOR PROPOSALS PROCESS
IS TO BE USED PURSUANT TO SUBDIVISION FOUR OF  THIS  SECTION,  INCLUDING
ESTABLISHING  THE RELATIVE IMPORTANCE AND/OR WEIGHT GIVEN TO EACH CRITE-
RION;
  (F) ESTABLISH TERMS BY WHICH AN ELIGIBLE  INSTITUTION  SHALL  MAINTAIN
AND  UTILIZE  FUNDS  RECEIVED PURSUANT TO THIS SECTION, PROVIDED HOWEVER
THAT ELIGIBLE INSTITUTIONS SHALL KEEP SUCH FUNDS SEPARATE FROM ALL OTHER
BUSINESS OR FIDUCIARY ACCOUNTS; AND
  (G) ESTABLISH TERMS BY WHICH THE ELIGIBLE INSTITUTIONS SHALL REPAY THE
STATE FOR MONIES ALLOCATED TO THEM PURSUANT TO THIS SECTION, IF APPLICA-
BLE.
  6. NOTHING IN THIS SECTION SHALL PRECLUDE AN ELIGIBLE  INSTITUTION  TO
WORK  WITH OR COORDINATE ACTIVITIES AND/OR SERVICES WITH ANY ENTITY THAT
HANDLES AND FACILITATES THE TRANSFERS OF MORTGAGE NOTES AND/OR  PROPERTY
TO  ELIGIBLE  ENTITIES  UNDER  THIS SECTION; PROVIDED, HOWEVER, THAT ANY
FUNDS AWARDED TO AN ELIGIBLE INSTITUTION SHALL ONLY BE USED  TO  ADVANCE
THE PURPOSES OF THIS SECTION.
  7. THE COMMISSIONER SHALL SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER
OF  THE  ASSEMBLY,  THE  MINORITY  LEADER OF THE ASSEMBLY, THE TEMPORARY
PRESIDENT OF THE SENATE, AND THE MINORITY LEADER OF  THE  SENATE  ON  OR
BEFORE  THE  FIRST OF FEBRUARY EACH YEAR. SUCH REPORT SHALL INCLUDE, BUT
NOT BE LIMITED TO, FOR EACH ELIGIBLE INSTITUTION RECEIVING  FUNDS  UNDER

A. 9006--B                         199

THIS  SECTION,  A  DESCRIPTION  OF  SUCH ELIGIBLE INSTITUTION'S CONTRACT
AMOUNT, THE SPECIFIC ACTIVITIES CARRIED OUT UNDER EACH GRANT, THE NUMBER
OF PERSONS AND HOUSEHOLDS SERVED BY EACH ELIGIBLE INSTITUTION, THE  AREA
MEDIAN INCOME OF THE PERSONS AND HOUSEHOLDS SERVED, THE INVESTMENT AREAS
SELECTED  AND  SERVED,  AND  THE  NUMBER OF REQUESTS FOR ASSISTANCE THAT
COULD NOT BE GRANTED.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
to be made and completed on or before such effective date.

                                 PART AA

  Section 1. Subdivision 1, paragraph (h) of subdivision 2 and paragraph
(e) of subdivision 4 of section 2851 of the education law, subdivision 1
as amended and paragraph (e) of subdivision 4 as added by chapter 101 of
the laws of 2010, and paragraph (h) of subdivision 2 as added by chapter
4  of  the laws of 1998, are amended and a new subdivision 5 is added to
read as follows:
  1. An application to establish a charter school may  be  submitted  by
teachers,  parents,  school  administrators,  community residents or any
combination thereof.  Such application may be filed in conjunction  with
a  college,  university, museum, educational institution, not-for-profit
corporation exempt from taxation under paragraph 3 of subsection (c)  of
section  501  of  the  internal  revenue  code or for-profit business or
corporate entity authorized to do business in New York  state.  Provided
however, for-profit business or corporate entities shall not be eligible
to  submit  an  application  to  establish  a charter school pursuant to
subdivision nine-a of section twenty-eight  hundred  fifty-two  of  this
article,  or  operate  or  manage  a charter school for a charter issued
pursuant to subdivision nine-a of section twenty-eight hundred fifty-two
of this article. For charter schools established in conjunction  with  a
for-profit  OR  NOT-FOR-PROFIT business or corporate entity, the charter
shall specify the extent of the entity's participation in the management
and operation of the school.
  (h) The rules and procedures by which students may  be  disciplined[,]
SHALL  BE IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISIONS TWO-A, THREE
AND THREE-A OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER.  THE
CHARTERS  OF  ALL  CHARTER  SCHOOLS  THAT  WERE ISSUED ON OR BEFORE JULY
FIRST, TWO THOUSAND SEVENTEEN SHALL BE DEEMED AMENDED TO REQUIRE COMPLI-
ANCE WITH THE PROCEDURES SET FORTH  IN  SUBDIVISIONS  TWO-A,  THREE  AND
THREE-A OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER including
but  not limited to expulsion or suspension from the school, which shall
be consistent with the requirements of due process and with federal laws
and regulations governing the placement of students with disabilities.

A. 9006--B                         200

  (e) The means by which the charter school will meet or exceed  enroll-
ment TARGETS and retention targets as prescribed by the board of regents
or  the board of trustees of the state university of New York, as appli-
cable, of students [with disabilities, English  language  learners,  and
students  who  are  eligible  applicants  for the free and reduced price
lunch program which] IN EACH OF THE FOLLOWING CATEGORIES:  (I)  STUDENTS
WHO  ARE ENGLISH LANGUAGE LEARNERS, AS DEFINED IN THE DEPARTMENT'S REGU-
LATIONS; (II) STUDENTS WHO  RECEIVE  OR  ARE  MANDATED  TO  RECEIVE  ANY
SPECIAL  EDUCATION SERVICE; (III) STUDENTS WHO HAVE INDIVIDUAL EDUCATION
PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST  SIXTY  PERCENT
OF  THE  SCHOOL DAY OUTSIDE THE GENERAL EDUCATION SETTING; (IV) STUDENTS
WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE
FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT;  (V)  STUDENTS  WHO  ARE
ELIGIBLE  TO  RECEIVE  REDUCED  LUNCH  IN ACCORDANCE WITH TITLE I OF THE
FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT; AND  (VI)  STUDENTS  WHO
RESIDE  IN  TEMPORARY  OR  TRANSITIONAL  HOUSING. THE MEANS BY WHICH THE
SCHOOL WILL MEET THESE ENROLLMENT AND RETENTION TARGETS shall be consid-
ered AS A VERY SIGNIFICANT FACTOR by the charter entity prior to approv-
ing such charter school's application for renewal. When developing  such
targets,  the  board  of  regents and the board of trustees of the state
university of New York shall ensure [(1)] that such  enrollment  targets
[are comparable to the enrollment figures of such categories of students
attending  the  public  schools within the school district, or in a city
school district in a city having a population of  one  million  or  more
inhabitants,  the community school district, in which the charter school
is located; and (2) that such retention targets are  comparable  to  the
rate  of  retention  of such categories of students attending the public
schools within the school district, or in a city school  district  in  a
city  having a population of one million or more inhabitants, the commu-
nity school district, in which the  proposed  charter  school  would  be
located.]  EQUAL  THE  NUMBER  OF  STUDENTS THAT, AS A PERCENTAGE OF THE
STUDENTS AUTHORIZED TO BE SERVED BY THE CHARTER SCHOOL IN  ITS  CHARTER,
IS EQUAL TO THE PERCENTAGE OF STUDENTS IN EACH CATEGORY THAT NON-CHARTER
PUBLIC  SCHOOLS IN THE DISTRICT WHERE THE CHARTER IS LOCATED ENROLLED IN
THE PRECEDING JUNE IN ALL OF THE GRADES COMBINED WHICH ARE SERVED BY THE
CHARTER SCHOOL. FOR THE PURPOSES OF THIS PARAGRAPH, FOR THE CITY  SCHOOL
DISTRICT  OF  THE  CITY OF NEW YORK, "DISTRICT" SHALL MEAN THE COMMUNITY
SCHOOL DISTRICT AND SHALL INCLUDE ALL NON-CHARTER PUBLIC SCHOOLS, EXCEPT
THOSE IN DISTRICT SEVENTY-FIVE, GEOGRAPHICALLY LOCATED IN THE  COMMUNITY
SCHOOL  DISTRICT. THE ENROLLMENT TARGETS AND RETENTION TARGETS DESCRIBED
IN THIS PARAGRAPH SHALL BE UPDATED ANNUALLY BASED ON THE  ENROLLMENT  IN
THE  DISTRICT WHERE THE CHARTER SCHOOL IS LOCATED IN THE PREVIOUS SCHOOL
YEAR. THE PRESCRIPTION OF SUCH TARGETS, AS REQUIRED BY  THIS  PARAGRAPH,
SHALL  BE  DEVELOPED  IN  CONSULTATION AND COOPERATION WITH THE DISTRICT
WHERE THE CHARTER SEEKS TO LOCATE OR IS LOCATED.
  5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION,
A CHARTER SHALL NOT BE RENEWED UNLESS THE  CHARTERING  ENTITY  FINDS  IN
WRITING  THAT THE CHARTER SCHOOL SEEKING RENEWAL HAS MET OR EXCEEDED THE
ENROLLMENT TARGETS AND RETENTION TARGETS REQUIRED BY THIS SECTION AND BY
SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS ARTICLE FOR EACH YEAR THE
CHARTER SCHOOL HAS OPERATED.
  S 2. Subdivision 5 and subparagraph (i) of paragraph (b)  of  subdivi-
sion  9-a of section 2852 of the education law, subdivision 5 as amended
by chapter 101 of the laws of 2010 and subparagraph (i) of paragraph (b)
of subdivision 9-a as amended by section 2 of subpart A  of  part  B  of
chapter 20 of the laws of 2015, are amended to read as follows:

A. 9006--B                         201

  5. (A) Upon approval of an application by a charter entity, the appli-
cant  and  charter entity shall enter into a proposed agreement allowing
the applicants to organize and operate a charter  school.  Such  written
agreement, known as the charter, shall include [(a)] (I) the information
required by subdivision two of section twenty-eight hundred fifty-one of
this  article,  as modified or supplemented during the approval process,
[(b)] (II) in the case of charters to be issued pursuant to  subdivision
nine-a  of this section, information required by such subdivision, [(c)]
(III) A PROVISION PROHIBITING THE CHARTER  SCHOOL  FROM  ENTERING  INTO,
RENEWING  OR EXTENDING ANY AGREEMENT WITH A FOR-PROFIT OR NOT-FOR-PROFIT
CORPORATE OR OTHER BUSINESS ENTITY FOR THE ADMINISTRATION, MANAGEMENT OR
OPERATION OF THE CHARTER SCHOOL UNLESS THE AGREEMENT REQUIRES SUCH ENTI-
TY TO PROVIDE STATE AND LOCAL OFFICERS HAVING THE  POWER  TO  AUDIT  THE
CHARTER  SCHOOL  PURSUANT  TO  THIS  ARTICLE WITH ACCESS TO THE ENTITY'S
RECORDS RELATING TO THE COSTS OF, AND FEES FOR, PROVIDING SUCH  SERVICES
TO THE SCHOOL, (IV) any other terms or conditions required by applicable
laws,  rules  and  regulations,  and [(d)] (V) any other terms or condi-
tions, not inconsistent with law, agreed upon by the applicant  and  the
charter  entity.  In  addition,  the  charter shall include the specific
commitments of the charter entity relating to its obligations to oversee
and supervise the charter school. Within five days after entering into a
proposed charter, the charter entity other than  the  board  of  regents
shall submit to the board of regents a copy of the charter, the applica-
tion and supporting documentation for final approval and issuance by the
board  of  regents  in accordance with subdivisions five-a and five-b of
this section.
  (B) NOTWITHSTANDING ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY,
NO CHARTER SCHOOL HAVING A CHARTER THAT WAS ISSUED AND  APPROVED  ON  OR
BEFORE  THE  EFFECTIVE DATE OF THIS PARAGRAPH SHALL ENTER INTO, RENEW OR
EXTEND THE DURATION OF ANY AGREEMENT WITH A FOR-PROFIT OR NOT-FOR-PROFIT
CORPORATE OR OTHER BUSINESS ENTITY FOR THE ADMINISTRATION, MANAGEMENT OR
OPERATION OF THE CHARTER SCHOOL UNLESS THE AGREEMENT REQUIRES SUCH ENTI-
TY TO PROVIDE STATE AND LOCAL OFFICERS HAVING THE  POWER  TO  AUDIT  THE
CHARTER  SCHOOL  PURSUANT  TO  THIS  ARTICLE WITH ACCESS TO THE ENTITY'S
RECORDS RELATING TO THE COSTS OF, AND FEES FOR, PROVIDING SUCH  SERVICES
TO  THE  SCHOOL.  ANY  AGREEMENT  ENTERED  INTO,  RENEWED OR EXTENDED IN
VIOLATION OF THIS SECTION SHALL BE NULL, VOID AND WHOLLY  UNENFORCEABLE,
AND  A  VIOLATION  OF  THIS  SECTION  SHALL BE GROUNDS FOR REVOCATION OR
TERMINATION OF  A  CHARTER  PURSUANT  TO  SECTION  TWENTY-EIGHT  HUNDRED
FIFTY-FIVE OF THIS ARTICLE.
  (i)  that  the proposed charter school would meet or exceed enrollment
and retention targets, as prescribed by the  board  of  regents  or  the
board of trustees of the state university of New York, as applicable, of
students [with disabilities, English language learners, and students who
are eligible applicants for the free and reduced price lunch program] IN
EACH  OF THE FOLLOWING CATEGORIES: (I) STUDENTS WHO ARE ENGLISH LANGUAGE
LEARNERS, AS DEFINED IN THE DEPARTMENT'S REGULATIONS; (II) STUDENTS  WHO
RECEIVE  OR ARE MANDATED TO RECEIVE ANY SPECIAL EDUCATION SERVICE; (III)
STUDENTS WHO  HAVE  INDIVIDUAL  EDUCATION  PROGRAMS  THAT  MANDATE  THEY
RECEIVE  SERVICES  FOR  AT LEAST SIXTY PERCENT OF THE SCHOOL DAY OUTSIDE
THE GENERAL EDUCATION SETTING; (IV) STUDENTS WHO ARE ELIGIBLE TO RECEIVE
FREE LUNCH IN ACCORDANCE WITH TITLE I  OF  THE  FEDERAL  ELEMENTARY  AND
SECONDARY  EDUCATION  ACT;  (V)  STUDENTS  WHO  ARE  ELIGIBLE TO RECEIVE
REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL  ELEMENTARY  AND
SECONDARY  EDUCATION  ACT;  AND (VI) STUDENTS WHO RESIDE IN TEMPORARY OR
TRANSITIONAL HOUSING.   When  developing  such  targets,  the  board  of

A. 9006--B                         202

regents  and  the board of trustees of the state university of New York,
shall ensure [(1)] that such enrollment targets [are comparable  to  the
enrollment  figures  of such categories of students attending the public
schools  within  the  school district, or in a city school district in a
city having a population of one million or more inhabitants, the  commu-
nity  school  district,  in  which  the proposed charter school would be
located; and (2) that such retention targets are comparable to the  rate
of retention of such categories of students attending the public schools
within  the  school  district,  or  in  a city school district in a city
having a population of one million or more  inhabitants,  the  community
school  district, in which the proposed charter school would be located]
EQUAL THE NUMBER OF STUDENTS THAT, AS A PERCENTAGE OF  STUDENTS  AUTHOR-
IZED  TO BE SERVED BY THE CHARTER SCHOOL IN ITS CHARTER, IS EQUAL TO THE
PERCENTAGE OF STUDENTS IN EACH CATEGORY THAT NON-CHARTER PUBLIC  SCHOOLS
IN  THE  DISTRICT  WHERE  THE  CHARTER SCHOOL IS LOCATED ENROLLED IN THE
PRECEDING JUNE IN ALL OF THE GRADES COMBINED WHICH  ARE  SERVED  BY  THE
CHARTER  SCHOOL.  FOR  THE  PURPOSES  OF THIS SUBPARAGRAPH, FOR THE CITY
SCHOOL DISTRICT OF THE CITY OF  NEW  YORK,  "DISTRICT"  SHALL  MEAN  THE
COMMUNITY  SCHOOL  DISTRICT  AND  SHALL  INCLUDE  ALL NON-CHARTER PUBLIC
SCHOOLS, EXCEPT THOSE IN DISTRICT SEVENTY-FIVE,  GEOGRAPHICALLY  LOCATED
IN  THE COMMUNITY SCHOOL DISTRICT.  THE ENROLLMENT TARGETS AND RETENTION
TARGETS DESCRIBED IN THIS PARAGRAPH SHALL BE UPDATED ANNUALLY  BASED  ON
THE  MOST RECENTLY AVAILABLE ENROLLMENT FIGURES AND RELATED DATA FOR THE
DISTRICT OR COMMUNITY SCHOOL DISTRICT WHERE SUCH CHARTER SEEKS TO LOCATE
OR IS LOCATED. PROVIDED, FURTHER, THE PRESCRIPTION OF SUCH  TARGETS,  AS
REQUIRED BY THIS PARAGRAPH, SHALL BE DEVELOPED IN CONSULTATION AND COOP-
ERATION  WITH  THE  DISTRICT  WHERE  THE  CHARTER  SEEKS TO LOCATE OR IS
LOCATED; and
  S 3. Subdivision 2 of section 2854 of the education law, as  added  by
chapter  4  of the laws of 1998, paragraph (a) as amended by chapter 101
of the laws of 2010, and paragraph  (b)  as  amended  by  section  3  of
subpart  A  of  part  B of chapter 20 of the laws of 2015, is amended to
read as follows:
  2. Admissions; enrollment; students.  (a) A charter  school  shall  be
nonsectarian  in its programs, admission policies, employment practices,
and all other operations and shall not charge tuition or fees;  provided
that  a charter school may require the payment of fees on the same basis
and to the same extent as other public schools. A charter  school  shall
not  discriminate  against  any student, employee or any other person on
the basis of ethnicity, national origin, gender, or  disability  or  any
other  ground  that  would be unlawful if done by a school. Admission of
students shall not be limited on  the  basis  of  intellectual  ability,
measures of achievement or aptitude, athletic ability, disability, race,
creed,  gender, national origin, religion, or ancestry; provided, howev-
er, that nothing in this article  shall  be  construed  to  prevent  the
establishment  of  a  single-sex  charter  school  or  a  charter school
designed to provide expanded learning opportunities for students at-risk
of academic failure or students with disabilities and  English  language
learners;  and  provided, further, that the charter school [shall demon-
strate good faith efforts to attract and retain a comparable or  greater
enrollment of students with disabilities, English language learners, and
students  who  are  eligible  applicants  for the free and reduced price
lunch program when compared to the enrollment figures for such  students
in  the  school  district in which the charter school is located.] SHALL
MEET THE ENROLLMENT TARGETS IN EACH OF  THE  FOLLOWING  CATEGORIES:  (I)
STUDENTS  WHO  ARE  ENGLISH LANGUAGE LEARNERS, AS DEFINED IN THE DEPART-

A. 9006--B                         203

MENT'S REGULATIONS; (II) STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE
ANY SPECIAL EDUCATION SERVICE; (III) STUDENTS WHO HAVE INDIVIDUAL EDUCA-
TION PROGRAMS THAT MANDATE THEY RECEIVE  SERVICES  FOR  AT  LEAST  SIXTY
PERCENT  OF  THE  SCHOOL DAY OUTSIDE THE GENERAL EDUCATION SETTING; (IV)
STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE
I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION  ACT;  (V)  STUDENTS
WHO  ARE ELIGIBLE TO RECEIVE REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF
THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT;  AND  (VI)  STUDENTS
WHO RESIDE IN TEMPORARY OR TRANSITIONAL HOUSING.  THE ENROLLMENT TARGETS
SHALL  BE  EQUAL  TO THE NUMBER OF STUDENTS THAT, AS A PERCENTAGE OF THE
STUDENTS AUTHORIZED TO BE SERVED BY THE CHARTER SCHOOL IN  ITS  CHARTER,
IS EQUAL TO THE PERCENTAGE OF STUDENTS IN EACH CATEGORY THAT NON-CHARTER
SCHOOLS  IN  THE  DISTRICT  WHERE THE CHARTER IS LOCATED ENROLLED IN THE
PRECEDING JUNE IN ALL OF THE GRADES COMBINED WHICH  ARE  SERVED  BY  THE
CHARTER  SCHOOL.  FOR  THE  PURPOSES  OF  THIS SUBDIVISION, FOR THE CITY
SCHOOL DISTRICT OF THE CITY OF  NEW  YORK,  "DISTRICT"  SHALL  MEAN  THE
COMMUNITY  SCHOOL  DISTRICT  AND  SHALL  INCLUDE  ALL NON-CHARTER PUBLIC
SCHOOLS, EXCEPT THOSE IN DISTRICT SEVENTY-FIVE,  GEOGRAPHICALLY  LOCATED
IN  THE  COMMUNITY SCHOOL DISTRICT. A charter shall not be issued to any
school that would be wholly or in part under the control or direction of
any religious denomination, or in  which  any  denominational  tenet  or
doctrine would be taught.
  (b)  (I)  Any  child who is qualified under the laws of this state for
admission to a public school is qualified for  admission  to  a  charter
school.  Applications for admission to a charter school shall be submit-
ted on a uniform application form created by the department and shall be
made available by a charter school in languages predominately spoken  in
the  community in which such charter school is located. The school shall
enroll each eligible student who submits a  timely  application  by  the
first  day of April each year, unless the number of applications exceeds
the capacity of the grade level or building.  In  such  cases,  students
shall  be  accepted from among applicants by a random selection process,
provided, however, that an enrollment preference shall  be  provided  to
[pupils]  (A)  STUDENTS returning to the charter school in the second or
any subsequent year of  operation  [and  pupils];  (B)  TO  SIBLINGS  OF
STUDENTS  ALREADY ENROLLED IN THE CHARTER SCHOOL; (C) TO STUDENTS resid-
ing in the school district in which the charter school is located,  [and
siblings  of  pupils  already  enrolled  in  the charter school]; (D) TO
STUDENTS WHO ARE ENGLISH LANGUAGE LEARNERS AS  DEFINED  IN  THE  DEPART-
MENT'S  REGULATIONS, STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE ANY
SPECIAL  EDUCATION  SERVICE,  STUDENTS  WHO  HAVE  INDIVIDUAL  EDUCATION
PROGRAMS  THAT  MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT
OF THE SCHOOL DAY OUTSIDE THE GENERAL EDUCATION  SETTING,  STUDENTS  WHO
ARE  ELIGIBLE  TO  RECEIVE  FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE
FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, STUDENTS WHO ARE  ELIGI-
BLE  TO  RECEIVE REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL
ELEMENTARY AND SECONDARY EDUCATION  ACT,  AND  STUDENTS  WHO  RESIDE  IN
TEMPORARY  OR  TRANSITIONAL  HOUSING; AND (E) STUDENTS WHO ARE CURRENTLY
ATTENDING OR WOULD OTHERWISE ATTEND  A  SCHOOL  DESIGNATED  PURSUANT  TO
PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED ELEVEN-F OF THIS
CHAPTER.    Preference  may also be provided to children of employees of
the charter school or charter  management  organization,  provided  that
such  children  of employees may constitute no more than fifteen percent
of the charter school's total enrollment.  PROVIDED THAT NOTHING IN THIS
PARAGRAPH SHALL BE CONSTRUED TO LIMIT OR  AFFECT  THE  DUTY  OF  CHARTER
SCHOOLS  TO  ABIDE  BY THE REQUIREMENTS IMPOSED BY PARAGRAPH (A) OF THIS

A. 9006--B                         204

SUBDIVISION RELATING TO ENROLLMENT OF STUDENTS WHO ARE ENGLISH  LANGUAGE
LEARNERS  AS  DEFINED  IN  THE  DEPARTMENT'S  REGULATIONS,  STUDENTS WHO
RECEIVE OR ARE  MANDATED  TO  RECEIVE  ANY  SPECIAL  EDUCATION  SERVICE,
STUDENTS WHO HAD INDIVIDUAL EDUCATION PROGRAMS THAT MANDATE THEY RECEIVE
SERVICES FOR AT LEAST SIXTY PERCENT OF THE SCHOOL DAY OUTSIDE THE GENER-
AL EDUCATION SETTING, STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN
ACCORDANCE  WITH  TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCA-
TION ACT, STUDENTS WHO ARE ELIGIBLE TO RECEIVE REDUCED LUNCH IN  ACCORD-
ANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT,
AND STUDENTS WHO RESIDE IN TEMPORARY OR TRANSITIONAL HOUSING AND TO MEET
OR  EXCEED  ENROLLMENT  TARGETS  AND RETENTION TARGETS PRESCRIBED BY THE
BOARD OF REGENTS AND THE TRUSTEES OF THE STATE UNIVERSITY OF  NEW  YORK,
AS  APPLICABLE.  The commissioner shall establish regulations to require
that the random selection process conducted pursuant to  this  paragraph
be  performed  in a transparent and equitable manner and to require that
the time and place of the random selection process be  publicized  in  a
manner  consistent  with the requirements of section one hundred four of
the public officers law and be open to the public. For the  purposes  of
this  paragraph  and  paragraph  (a)  of  this  subdivision,  the school
district in which the charter school is located shall mean, for the city
school district of the city of New York, the community district in which
the charter school is located.
  [(c)] (II) WHERE A CHARTER SCHOOL DOES NOT MEET OR EXCEED THE  ENROLL-
MENT  TARGETS  FOR STUDENTS WHO ARE ENGLISH LANGUAGE LEARNERS AS DEFINED
IN THE DEPARTMENT'S REGULATIONS, STUDENTS WHO RECEIVE OR ARE MANDATED TO
RECEIVE ANY SPECIAL EDUCATION  SERVICE,  STUDENTS  WHO  HAVE  INDIVIDUAL
EDUCATION PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY
PERCENT  OF  THE  SCHOOL  DAY  OUTSIDE  THE  GENERAL  EDUCATION SETTING,
STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE
I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION  ACT,  STUDENTS  WHO
ARE  ELIGIBLE TO RECEIVE REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE
FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, AND STUDENTS WHO  RESIDE
IN  TEMPORARY  OR TRANSITIONAL HOUSING IN EACH GRADE, THE CHARTER SCHOOL
MUST HOLD OPEN A SUFFICIENT NUMBER OF ENROLLMENT SLOTS SUCH THAT  IT  IS
POSSIBLE  FOR THE CHARTER SCHOOL, CONSISTENT WITH ITS CHARTER, TO SUBSE-
QUENTLY ENROLL THE MINIMUM NUMBER  OF  STUDENTS  NECESSARY  TO  MEET  OR
EXCEED  SUCH  ENROLLMENT  TARGETS.  IN  SUCH  CIRCUMSTANCES, THE CHARTER
SCHOOL SHALL ACCEPT, IN THE  ORDER  THE  APPLICATION  IS  RECEIVED,  ANY
STUDENT  THAT  IS  EITHER  AN ENGLISH LANGUAGE LEARNER AS DEFINED IN THE
DEPARTMENT'S REGULATIONS,  STUDENTS  WHO  RECEIVE  OR  ARE  MANDATED  TO
RECEIVE  ANY  SPECIAL  EDUCATION  SERVICES, STUDENTS WHO HAVE INDIVIDUAL
EDUCATION PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY
PERCENT OF  THE  SCHOOL  DAY  OUTSIDE  THE  GENERAL  EDUCATION  SETTING,
STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE
I  OF  THE  FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, AND STUDENTS
WHO RESIDE IN TEMPORARY OR TRANSITIONAL  HOUSING,  IF  SUCH  STUDENT  IS
APPLYING  FOR  A  SLOT  WHERE THE CHARTER SCHOOL HAS NOT MET OR EXCEEDED
PRESCRIBED ENROLLMENT TARGETS. IF AT  ANY  TIME,  AND  FOR  ANY  REASON,
DURING  THE  SCHOOL  YEAR  THE  CHARTER  SCHOOL'S  ENROLLMENT OF ENGLISH
LANGUAGE LEARNERS AS DEFINED IN THE DEPARTMENT'S  REGULATIONS,  STUDENTS
WHO  RECEIVE  OR  ARE MANDATED TO RECEIVE ANY SPECIAL EDUCATION SERVICE,
STUDENTS WHO  HAVE  INDIVIDUAL  EDUCATION  PROGRAMS  THAT  MANDATE  THEY
RECEIVE  SERVICES  FOR  AT LEAST SIXTY PERCENT OF THE SCHOOL DAY OUTSIDE
THE GENERAL EDUCATION SETTING, STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE
LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY
EDUCATION ACT, STUDENTS WHO ARE ELIGIBLE TO  RECEIVE  REDUCED  LUNCH  IN

A. 9006--B                         205

ACCORDANCE  WITH  TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCA-
TION ACT, AND STUDENTS WHO RESIDE IN TEMPORARY OR  TRANSITIONAL  HOUSING
FALLS  BELOW  THE ENROLLMENT TARGET, THE CHARTER SCHOOL SHALL ACCEPT, IN
THE  ORDER  THE  APPLICATION  IS RECEIVED, ANY STUDENT THAT IS EITHER AN
ENGLISH LANGUAGE LEARNER AS DEFINED  IN  THE  DEPARTMENT'S  REGULATIONS,
STUDENTS  WHO  RECEIVE  OR ARE MANDATED TO RECEIVE ANY SPECIAL EDUCATION
SERVICE, STUDENTS WHO HAVE INDIVIDUAL EDUCATION  PROGRAMS  THAT  MANDATE
THEY  RECEIVE  SERVICES  FOR  AT  LEAST  SIXTY PERCENT OF THE SCHOOL DAY
OUTSIDE THE GENERAL EDUCATION SETTING,  STUDENTS  WHO  ARE  ELIGIBLE  TO
RECEIVE  FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY
AND SECONDARY EDUCATION  ACT,  STUDENTS  WHO  ARE  ELIGIBLE  TO  RECEIVE
REDUCED  LUNCH  IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND
SECONDARY EDUCATION ACT, AND STUDENTS WHO RESIDE IN TEMPORARY OR TRANSI-
TIONAL HOUSING, IF SUCH STUDENT IS APPLYING FOR A SLOT WHERE THE CHARTER
SCHOOL HAS FALLEN BELOW THE ENROLLMENT TARGET FOR AN ENROLLMENT  CATEGO-
RY.  OFFERS  OF  ENROLLMENT SHALL BE MADE TO ANY PARENT OR GUARDIAN OF A
STUDENT WHO IS IN A CATEGORY IN WHICH THE CHARTER SCHOOL  IS  BELOW  THE
MINIMUM  SET FORTH IN THIS SUBDIVISION AND WHO HAVE PREVIOUSLY EXPRESSED
INTEREST IN A CHARTER SCHOOL; WITH RESPECT TO CHARTER SCHOOLS LOCATED IN
THE GEOGRAPHIC AREA SERVED BY THE CITY SCHOOL DISTRICT OF  THE  CITY  OF
NEW YORK, TO ANY PARENT OR GUARDIAN OF A STUDENT WHO IS IN A CATEGORY IN
WHICH THE CHARTER SCHOOL IS BELOW THE MINIMUM SET FORTH IN THIS SUBDIVI-
SION  IN  THE COMMUNITY DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED;
AND TO OTHER PARENT OR GUARDIAN OF A STUDENT WHO IS  IN  A  CATEGORY  IN
WHICH THE CHARTER SCHOOL IS BELOW THE MINIMUM SET FORTH IN THIS SUBDIVI-
SION IN THE DISTRICT. OFFERS MADE SHALL BE MADE IN WRITING IN THE PARENT
OR  GUARDIAN'S PRIMARY LANGUAGE AND WHERE THE PARENT OR GUARDIAN ACCEPTS
SUCH OFFER, THE CHARTER SCHOOL SHALL  ENROLL  THE  STUDENT  WITHIN  FIVE
CALENDAR DAYS OF THE OFFER BEING ACCEPTED.
  (III)  NO  CHARTER  SCHOOL  SHALL  FIRST COMMENCE INSTRUCTION IF IT IS
OPERATED BY, MANAGED BY, AFFILIATED WITH, IN THE SAME CHAIN  AS,  SHARES
THE  SAME MANAGEMENT COMPANY AS OR HAS ANY COMMON CHARTER APPLICANT AS A
SCHOOL THAT HAS FAILED TO DEMONSTRATE, WITHIN THE LAST THIRTEEN  MONTHS,
THAT  IT  HAS  ENROLLED AND KEPT ENROLLED THE MINIMUM NUMBER OF STUDENTS
WHO ARE ENGLISH LANGUAGE LEARNERS AS DEFINED IN THE  DEPARTMENT'S  REGU-
LATIONS,  STUDENTS  WHO  RECEIVE  OR ARE MANDATED TO RECEIVE ANY SPECIAL
EDUCATION SERVICE, STUDENTS WHO HAVE INDIVIDUAL EDUCATION PROGRAMS  THAT
MANDATE  THEY  RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF THE SCHOOL
DAY OUTSIDE THE GENERAL EDUCATION SETTING, STUDENTS WHO ARE ELIGIBLE  TO
RECEIVE  FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY
AND SECONDARY EDUCATION  ACT,  STUDENTS  WHO  ARE  ELIGIBLE  TO  RECEIVE
REDUCED  LUNCH  IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND
SECONDARY EDUCATION ACT, AND STUDENTS WHO RESIDE IN TEMPORARY OR TRANSI-
TIONAL HOUSING TO MEET THE ENROLLMENT  AND  RETENTION  TARGET,  FOR  ANY
REASON ON ANY BI-MONTHLY REPORT PURSUANT TO SUBDIVISION TWO-A OF SECTION
TWENTY-EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE.
  (IV)  THE  PROVISIONS  OF  THIS  PARAGRAPH SHALL BE ENFORCEABLE BY THE
DEPARTMENT OR BY A COURT OF COMPETENT JURISDICTION. ANY EMPLOYEE OF  THE
SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED, OR THE PARENT OR
GUARDIAN OF A STUDENT ATTENDING THE SCHOOL DISTRICT IN WHICH THE CHARTER
SCHOOL  IS LOCATED SHALL HAVE STANDING TO ENFORCE THE PROVISIONS OF THIS
PARAGRAPH.
  (C) BY JUNE THIRTIETH OF EACH YEAR, THE BOARD  OF  EDUCATION  OF  EACH
SCHOOL  DISTRICT  OR  THE  CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE
CITY OF NEW YORK SHALL CALCULATE, AND TRANSMIT TO  THE  DEPARTMENT,  THE
PERCENTAGE  OF  ALL STUDENT IN EACH GRADE IN THE SCHOOL DISTRICT WHO ARE

A. 9006--B                         206

IN EACH OF THE  FOLLOWING  CATEGORIES:  (I)  STUDENTS  WHO  ARE  ENGLISH
LANGUAGE  LEARNERS  AS  DEFINED  IN  THE  DEPARTMENT'S REGULATIONS; (II)
STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE  ANY  SPECIAL  EDUCATION
SERVICE;  (III)  STUDENTS  WHO  HAVE  INDIVIDUAL EDUCATION PROGRAMS THAT
MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF  THE  SCHOOL
DAY  OUTSIDE THE GENERAL EDUCATION SETTING; (IV) STUDENTS WHO ARE ELIGI-
BLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH  TITLE  I  OF  THE  FEDERAL
ELEMENTARY AND SECONDARY EDUCATION ACT; (V) STUDENTS WHO ARE ELIGIBLE TO
RECEIVE  REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMEN-
TARY AND SECONDARY EDUCATION ACT, AND (VI) STUDENTS WHO RESIDE IN TEMPO-
RARY OR TRANSITION HOUSING. FOR PURPOSES OF THIS PARAGRAPH, IN THE  CITY
SCHOOL  DISTRICT OF THE CITY OF NEW YORK, SUCH CALCULATION SHALL BE DONE
SEPARATELY FOR EACH COMMUNITY SCHOOL  DISTRICT  AND  SHALL  INCLUDE  ALL
NON-CHARTER  PUBLIC  SCHOOLS,  EXCEPT  THOSE  IN  DISTRICT SEVENTY-FIVE,
GEOGRAPHICALLY LOCATED IN THE COMMUNITY SCHOOL DISTRICT.  SUCH  INFORMA-
TION SHALL BE MADE PUBLIC BY THE DEPARTMENT WITHIN FIVE DAYS OF IT BEING
RECEIVED.
  (C-1)  NOTWITHSTANDING  ANY LAW, RULE OR REGULATION TO THE CONTRARY, A
CHARTER SCHOOL SHALL ENROLL AND KEEP  ENROLLED  THE  MINIMUM  NUMBER  OF
STUDENTS  IN  EACH  OF  THE  FOLLOWING  CATEGORIES: (I) STUDENTS WHO ARE
ENGLISH LANGUAGE LEARNERS AS DEFINED IN  THE  DEPARTMENT'S  REGULATIONS;
(II)  STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE ANY SPECIAL EDUCA-
TION SERVICE; (III) STUDENTS WHO HAVE INDIVIDUAL EDUCATION PROGRAMS THAT
MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF  THE  SCHOOL
DAY  OUTSIDE THE GENERAL EDUCATION SETTING; (IV) STUDENTS WHO ARE ELIGI-
BLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH  TITLE  I  OF  THE  FEDERAL
ELEMENTARY AND SECONDARY EDUCATION ACT; (V) STUDENTS WHO ARE ELIGIBLE TO
RECEIVE  REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMEN-
TARY AND SECONDARY EDUCATION ACT, AND (VI) STUDENTS WHO RESIDE IN TEMPO-
RARY OR TRANSITIONAL HOUSING. THE MINIMUM NUMBER OF STUDENTS  A  CHARTER
SCHOOL  MUST ENROLL AND KEEP ENROLLED IN EACH SUCH CATEGORY SHALL BE THE
NUMBER OF STUDENTS THAT, AS A PERCENTAGE OF THE STUDENTS  AUTHORIZED  TO
BE SERVED BY THE CHARTER SCHOOL IN ITS CHARTER, IS EQUAL TO THE PERCENT-
AGE  OF STUDENTS IN EACH CATEGORY THAT NON-CHARTER PUBLIC SCHOOLS IN THE
DISTRACT WHERE THE CHARTER SCHOOL IS LOCATED ENROLLED IN  THE  PRECEDING
JUNE  IN  ALL  OF  THE  GRADES  COMBINED WHICH ARE SERVED BY THE CHARTER
SCHOOL. FOR PURPOSES OF THIS PARAGRAPH, FOR THE CITY SCHOOL DISTRICT  OF
THE  CITY OF NEW YORK, DISTRICT SHALL MEAN THE COMMUNITY SCHOOL DISTRICT
AND SHALL INCLUDE  ALL  NON-CHARTER  PUBLIC  SCHOOLS,  EXCEPT  THOSE  IN
DISTRICT  SEVENTY-FIVE,  GEOGRAPHICALLY  LOCATED IN THE COMMUNITY SCHOOL
DISTRICT.  NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE  CONTRARY,
IF  AT ANY TIME IN THE SCHOOL YEAR, A CHARTER SCHOOL FAILS TO ENROLL AND
KEEP ENROLLED THE MINIMUM NUMBER OF STUDENTS IN EACH  CATEGORY  FOR  ANY
REASON,  THE  SCHOOL'S CHARTER SHALL NOT BE RENEWED AT THE EXPIRATION OF
ITS CURRENT TERM. THE PROVISIONS OF THIS PARAGRAPH SHALL BE  ENFORCEABLE
BY  THE DEPARTMENT OR BY A COURT OF COMPETENT JURISDICTION. ANY EMPLOYEE
OF THE DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED OR THE PARENT  OR
GUARDIAN OF A STUDENT ATTENDING THE DISTRICT WHERE THE CHARTER SCHOOL IS
LOCATED SHALL HAVE STANDING TO ENFORCE THE PROVISIONS OF THIS PARAGRAPH.
  (C-2)  PRIOR  TO  A CHARTER SCHOOL SELECTING OR ENROLLING STUDENTS FOR
THE NEXT SCHOOL YEAR, THE DEPARTMENT SHALL PROVIDE  THE  CHARTER  SCHOOL
WITH  THE MINIMUM NUMBER OF STUDENTS IT MUST ENROLL AND KEEP ENROLLED IN
EACH CATEGORY PURSUANT TO PARAGRAPH (C-1) OF THIS SUBDIVISION. THE MINI-
MUM NUMBER OF STUDENTS EACH CHARTER SCHOOL MUST ENROLL AND KEEP ENROLLED
IN EACH CATEGORY PURSUANT TO PARAGRAPH (C-1) OF THIS  SUBDIVISION  SHALL

A. 9006--B                         207

BE  MADE  PUBLIC  BY  THE DEPARTMENT NO LATER THAN FIVE DAYS AFTER IT IS
PROVIDED TO THE CHARTER SCHOOL.
  (D) A charter school shall serve one or more of the grades one through
twelve,  and  shall  limit  admission  to pupils within the grade levels
served. Nothing herein shall prohibit a charter school from establishing
a kindergarten program.
  [(d)] (E) A student may withdraw from a charter school at any time and
enroll in a public school. [A charter school may refuse admission to any
student who has been expelled or suspended from a  public  school  until
the  period  of  suspension  or  expulsion  from  the  public school has
expired, consistent with the requirements of due process.]
  (I) A STUDENT MAY ONLY BE DISCIPLINED, SUSPENDED OR  EXPELLED  FROM  A
CHARTER  SCHOOL IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF SUBDIVI-
SIONS TWO-A, THREE AND THREE-A OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF
THIS CHAPTER. ALL CHARTER SCHOOLS SHALL ALSO DEVELOP A CODE  OF  CONDUCT
IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED ONE OF
THIS TITLE.
  (II)  EVERY  CHARTER  SCHOOL  SHALL  SUBMIT  A  DETAILED ANNUAL REPORT
REGARDING DISCIPLINARY MEASURES IMPOSED ON STUDENTS. THE REPORT SHALL BE
SUBMITTED TO THE CHARTER ENTITY AND THE BOARD OF REGENTS AS PART OF  THE
ANNUAL   REPORT   REQUIRED   PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION
TWENTY-EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE. THE REPORT SHALL BE IN
A FORM PRESCRIBED BY THE COMMISSIONER, AND SHALL  INCLUDE,  BUT  NOT  BE
LIMITED  TO,  NUMBER  OF CLASSROOM REMOVALS, NUMBER OF IN-SCHOOL SUSPEN-
SIONS, NUMBER OF OUT-OF-SCHOOL SUSPENSIONS, NUMBER  OF  EXPULSIONS,  AND
THE  ACTION  THE  STUDENT  TOOK  THAT  LED  TO EACH DISCIPLINARY MEASURE
IMPOSED. SUCH DATA SHALL BE DISAGGREGATED BY RACE/ETHNICITY, STATUS AS A
STUDENT WITH A DISABILITY AND STATUS AS AN ENGLISH LANGUAGE LEARNER. THE
REPORT SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE.
  (III) FOR PURPOSES OF THIS SECTION:
  (A) THE TERM "SUPERINTENDENT," "SUPERINTENDENT OF SCHOOLS,"  "DISTRICT
SUPERINTENDENT  OF  SCHOOLS,"  OR "COMMUNITY SUPERINTENDENT," AS USED IN
SUBDIVISION THREE OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF  THIS  CHAP-
TER, AS THEY RELATE TO CHARTER SCHOOLS SHALL MEAN THE CHAIRPERSON OF THE
BOARD  OF  TRUSTEES OF THE CHARTER SCHOOL OR THE CHIEF SCHOOL OFFICER OF
THE CHARTER SCHOOL; AND
  (B) THE TERM "BOARD OF EDUCATION" OR "BOARD," AS USED  IN  SUBDIVISION
THREE  OF  SECTION  THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER, AS THEY
RELATE TO CHARTER SCHOOLS SHALL MEAN THE BOARD OF TRUSTEES OF THE  CHAR-
TER SCHOOL.
  S 4. Paragraph (a-1) of subdivision 3 of section 2854 of the education
law, as amended by section 1 of subpart A of part B of chapter 20 of the
laws of 2015, is amended to read as follows:
  (a-1)  The  board  of  trustees  of  a charter school shall employ and
contract  with  necessary  teachers,  administrators  and  other  school
personnel.  Such  teachers  shall  be  certified  in accordance with the
requirements applicable to other public schools; provided, however, that
a charter school may employ as teachers (i) uncertified teachers with at
least three years of elementary, middle or secondary classroom  teaching
experience; (ii) tenured or tenure track college faculty; (iii) individ-
uals  with  two  years  of satisfactory experience through the Teach for
America program; and (iv) individuals who possess exceptional  business,
professional,  artistic,  athletic,  or  military  experience, provided,
however, that such teachers described in clauses (i), (ii),  (iii),  and
(iv) of this paragraph shall not in total comprise more than the sum of:
[(A)]  thirty  per  centum of the teaching staff of a charter school, or

A. 9006--B                         208

five teachers, whichever is less[; plus (B) five teachers  of  mathemat-
ics,  science,  computer  science,  technology,  or career and technical
education; plus (C) five additional teachers]. A  teacher  certified  or
otherwise  approved  by  the  commissioner  shall not be included in the
numerical limits established by the preceding sentence.  IF THE  COMMIS-
SIONER  FINDS THAT THERE IS A CRITICAL SHORTAGE OF CERTIFIED TEACHERS IN
A RESPECTIVE FIELD, HE OR SHE MAY AUTHORIZE, ON AN INDIVIDUAL AND TEMPO-
RARY BASIS, CHARTER SCHOOLS AUTHORIZED PURSUANT TO THIS ARTICLE, TO HIRE
AN INDIVIDUAL NOT IN POSSESSION OF A TEACHING CERTIFICATE IN THE RESPEC-
TIVE FIELD IF THE INDIVIDUAL FULFILLS A  BONA  FIDE  INSTRUCTIONAL  NEED
THAT  THE  DISTRICT  IS  UNABLE  TO  SATISFY  WITH  A CERTIFIED TEACHER.
PROVIDED FURTHER, SUCH  INDIVIDUAL  NOT  IN  POSSESSION  OF  A  TEACHING
CERTIFICATE  MUST  DEMONSTRATE  TO  THE  COMMISSIONER  THAT HE OR SHE IS
COMPLETING COLLEGIATE STUDY TOWARD CERTIFICATION AT THE RATE OF NOT LESS
THAN SIX SEMESTER HOURS PER YEAR AND PROVIDED FURTHER THAT NOTHING HERE-
IN SHALL AUTHORIZE AN INDIVIDUAL NOT IN POSSESSION OF A  CERTIFICATE  TO
TEACH FOR MORE THAN ONE SCHOOL YEAR. SUCH FINDING OF A CRITICAL SHORTAGE
SHALL  BE  MADE  ON AN ANNUAL BASIS AND ANY CONTINUATION OF SUCH FINDING
SHALL BE CERTIFIED BY THE COMMISSIONER ANNUALLY. THE COMMISSIONER  SHALL
NOT GRANT ANY WAIVERS PURSUANT TO THIS PARAGRAPH IF HE OR SHE DETERMINES
THAT THE GRANTING OF SUCH WAIVER WOULD RESULT IN VIOLATION OF ANY FEDER-
AL LAW, RULE OR REGULATION, OR WAIVER GRANTED TO THE STATE.
  S  5. Paragraph (e) of subdivision 1 and subdivision 3 of section 2855
of the education law, paragraph (e) of subdivision 1 as added by chapter
101 of the laws of 2010 and subdivision 3 as added by chapter 4  of  the
laws  of  1998, are amended and a new paragraph (f) is added to subdivi-
sion 1 to read as follows:
  (e) [Repeated failure] FAILURE to comply with the requirement to  meet
or  exceed  enrollment  TARGETS  and retention targets of students [with
disabilities, English language learners, and students who  are  eligible
applicants  for  the  free  and  reduced price lunch program pursuant to
targets] WHO ARE ENGLISH LANGUAGE LEARNERS AS  DEFINED  IN  THE  DEPART-
MENT'S  REGULATIONS, STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE ANY
SPECIAL  EDUCATION  SERVICE,  STUDENTS  WHO  HAVE  INDIVIDUAL  EDUCATION
PROGRAMS  THAT  MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT
OF THE SCHOOL DAY OUTSIDE THE GENERAL EDUCATION  SETTING,  STUDENTS  WHO
ARE  ELIGIBLE  TO  RECEIVE  FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE
FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, STUDENTS WHO ARE  ELIGI-
BLE  TO  RECEIVE REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL
ELEMENTARY AND SECONDARY EDUCATION  ACT,  AND  STUDENTS  WHO  RESIDE  IN
TEMPORARY OR TRANSITIONAL HOUSING established by the board of regents or
the  board  of trustees of the state university of New York, as applica-
ble[. Provided, however, if no grounds for  terminating  a  charter  are
established  pursuant  to this section other than pursuant to this para-
graph, and the charter school demonstrates that it  has  made  extensive
efforts  to  recruit  and  retain  such  students, including outreach to
parents and families in the surrounding communities, widely  publicizing
the  lottery  for  such school, and efforts to academically support such
students in such charter school, then the charter  entity  or  board  of
regents may retain such charter.]; OR
  (F)  FAILURE TO COMPLY WITH THE DATA REPORTING REQUIREMENTS PRESCRIBED
IN SUBDIVISIONS TWO AND TWO-A OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SEV-
EN OF THIS ARTICLE, INCLUDING BUT NOT LIMITED TO THE  END  OF  THE  YEAR
REPORTING  REQUIREMENTS  ON THE ENROLLMENT AND RETENTION OF STUDENTS WHO
ARE ENGLISH LANGUAGE LEARNERS  AS  DEFINED  IN  THE  DEPARTMENT'S  REGU-
LATIONS,  STUDENTS  WHO  RECEIVE  OR ARE MANDATED TO RECEIVE ANY SPECIAL

A. 9006--B                         209

EDUCATION SERVICE, STUDENTS WHO HAVE INDIVIDUAL EDUCATION PROGRAMS  THAT
MANDATE  THEY  RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF THE SCHOOL
DAY OUTSIDE THE GENERAL EDUCATION SETTING, STUDENTS WHO ARE ELIGIBLE  TO
RECEIVE  FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY
AND SECONDARY EDUCATION  ACT,  STUDENTS  WHO  ARE  ELIGIBLE  TO  RECEIVE
REDUCED  LUNCH  IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND
SECONDARY EDUCATION ACT, AND STUDENTS WHO RESIDE IN TEMPORARY OR TRANSI-
TIONAL HOUSING.
  3.(A) In addition  to  the  provisions  of  subdivision  two  of  this
section,  the charter entity or the board of regents may place a charter
school falling within the provisions of subdivision one of this  section
on  probationary status to allow the implementation of a remedial action
plan. The failure of a charter school  to  comply  with  the  terms  and
conditions of a remedial action plan may result in summary revocation of
the school's charter.
  (B) A CHARTER SCHOOL THAT IS PLACED ON PROBATIONARY STATUS SHALL ANNU-
ALLY  NOTIFY  THE PARENTS OR GUARDIANS OF ALL STUDENTS AND APPLICANTS OF
THE PLACEMENT. THE INITIAL NOTICE SHALL BE DISTRIBUTED WITHIN TWO  WEEKS
OF BEING PLACED ON PROBATIONARY STATUS. SUCH NOTICE SHALL BE WRITTEN AND
DELIVERED VIA MAIL. THE DEPARTMENT SHALL IDENTIFY ALL CHARTER SCHOOLS ON
PROBATIONARY  STATUS ON THE DEPARTMENT'S WEBSITE AND SHALL ALSO POST THE
REMEDIAL ACTION PLAN.
  S 6. Paragraph (d) of subdivision 2 of section 2857 of  the  education
law,  as  added  by chapter 101 of the laws of 2010 is amended and a new
paragraph (e) is added to read as follows:
  (d) efforts taken by the charter school in the existing  school  year,
and  a  plan  for  efforts to be taken in the succeeding school year, to
meet or exceed enrollment TARGET and retention targets set by the  board
of regents or the board of trustees of the state university of New York,
as  applicable,  of  students [with disabilities, English language lear-
ners, and students who are eligible applicants for the free and  reduced
price lunch program established pursuant to paragraph (e) of subdivision
four of section twenty-eight hundred fifty-one of this article.] WHO ARE
ENGLISH  LANGUAGE  LEARNERS, AS DEFINED IN THE DEPARTMENT'S REGULATIONS,
STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE  ANY  SPECIAL  EDUCATION
SERVICE,  STUDENTS  WHO  HAVE INDIVIDUAL EDUCATION PROGRAMS THAT MANDATE
THEY RECEIVE SERVICES FOR AT LEAST  SIXTY  PERCENT  OF  THE  SCHOOL  DAY
OUTSIDE  THE  GENERAL  EDUCATION  SETTING,  STUDENTS WHO ARE ELIGIBLE TO
RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL  ELEMENTARY
AND  SECONDARY  EDUCATION  ACT,  STUDENTS  WHO  ARE  ELIGIBLE TO RECEIVE
REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL  ELEMENTARY  AND
SECONDARY EDUCATION ACT, AND STUDENTS WHO RESIDE IN TEMPORARY OR TRANSI-
TIONAL HOUSING.
  (E) FOR ANY CHARTER SCHOOL THAT CONTRACTS WITH A MANAGEMENT COMPANY OR
ANY  OTHER  ENTITY  THAT  PROVIDES  SERVICES  TO  THE  CHARTER SCHOOL, A
DETAILED STATEMENT OF SERVICES PROVIDED TO THE  CHARTER  SCHOOL  BY  THE
MANAGEMENT  COMPANY  AND/OR  ANY OTHER ENTITY AND THE AMOUNT THE CHARTER
SCHOOL PAYS FOR SUCH SERVICES. THE  DEPARTMENT  SHALL  POST  THE  ANNUAL
REPORTS SUBMITTED BY CHARTER SCHOOLS ON ITS WEBSITE.
  S  7.  Section  2857  of  the education law is amended by adding a new
subdivision 2-a to read as follows:
  2-A. (A) NO LATER THAN THE FIRST OF AUGUST OF EACH SCHOOL  YEAR,  (FOR
DATA  FOR  THE  PRECEDING SCHOOL YEAR) AND BI-MONTHLY THEREAFTER FOR THE
CURRENT SCHOOL YEAR DATA, EACH CHARTER SCHOOL SHALL SUBMIT TO THE  CHAR-
TERING  ENTITY  AND  BOARD  OF  REGENTS DATA ON ENROLLMENT AND RETENTION
RATES, INCLUDING BUT NOT LIMITED TO THE  NUMBER  OF  STUDENTS  THAT  ARE

A. 9006--B                         210

ENGLISH  LANGUAGE  LEARNERS  AS DEFINED IN THE DEPARTMENT'S REGULATIONS;
THE NUMBER OF STUDENTS WHO  RECEIVE  OR  ARE  MANDATED  TO  RECEIVE  ANY
SPECIAL  EDUCATION  SERVICE;  THE NUMBER OF STUDENTS WHO HAVE INDIVIDUAL
EDUCATION PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY
PERCENT  OF  THE  SCHOOL  DAY OUTSIDE THE GENERAL EDUCATION SETTING; THE
NUMBER OF STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN  ACCORDANCE
WITH  TITLE  I  OF  THE  FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT,
STUDENTS WHO ARE ELIGIBLE TO RECEIVE REDUCED LUNCH  IN  ACCORDANCE  WITH
TITLE  I  OF  THE  FEDERAL  ELEMENTARY  AND SECONDARY EDUCATION ACT, THE
NUMBER OF STUDENTS WHO RESIDE IN TEMPORARY OR TRANSITIONAL  HOUSING  AND
ANY  OTHER ADDITIONAL REQUIREMENTS PRESCRIBED BY THE BOARD OF REGENTS IN
THE RULES OF THE BOARD OF REGENTS.  IN ADDITION, A CHARTER SCHOOL  SHALL
REPORT TO THE DEPARTMENT AND THE DISTRICT IN WHICH THE CHARTER SCHOOL IS
LOCATED,  EACH  MONTH,  THE  NUMBER OF STUDENTS THEN ENROLLED, AS OF THE
FIRST DAY OF THE MONTH, IN EACH OF THE AFOREMENTIONED CATEGORIES AND THE
NUMBER OF STUDENTS THEN ENROLLED, AS OF THE FIRST DAY OF THE MONTH, THAT
ARE IN NONE OF THE AFOREMENTIONED CATEGORIES. SUCH REPORTS SHALL BE MADE
PUBLIC BY THE DEPARTMENT WITHIN FIVE  DAYS  OF  THEIR  RECEIPT.  REPORTS
SHALL BE MADE ON THE FIFTH DAY OF THE MONTH DURING THE SCHOOL YEAR.  THE
DEPARTMENT  SHALL, AT LEAST ANNUALLY, REVIEW THE DATA SUBMITTED PURSUANT
TO THIS SUBDIVISION IN ORDER TO DETERMINE  WHETHER  THE  CHARTER  SCHOOL
SUBMITTING  SUCH  DATA  IS IN COMPLIANCE WITH THE REQUIREMENT TO MEET OR
EXCEED APPLICABLE ENROLLMENT AND RETENTION TARGETS. FOR  ANY  ENROLLMENT
CATEGORY FOR WHICH THE DEPARTMENT FINDS THAT THE CHARTER SCHOOL FAILS TO
MEET  OR  EXCEED  ITS  ENROLLMENT  TARGETS AND RETENTION TARGETS, ABSENT
EXTRAORDINARY CIRCUMSTANCES, THE  DEPARTMENT  SHALL  NOTIFY  THE  SCHOOL
DISTRICT  IN  WHICH THE CHARTER SCHOOL IS LOCATED. THE SUPERINTENDENT OF
THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED  SHALL  WITH-
HOLD  FUNDS  BY  AN  AMOUNT  EQUAL TO THE PER PUPIL CHARTER SCHOOL BASIC
TUITION MULTIPLIED BY THE NUMBER OF STUDENTS BY WHICH THE CHARTER SCHOOL
FAILED TO MEET OR EXCEED ITS ENROLLMENT TARGETS  AND  RETENTION  TARGETS
FOR  SUCH CATEGORY OR CATEGORIES. SUCH FUNDS SHALL BE WITHHELD UNTIL THE
CHARTER SCHOOL HAS DEMONSTRATED TO THE DEPARTMENT'S SATISFACTION THAT IT
HAS MET OR EXCEEDED ITS ENROLLMENT TARGETS AND RETENTION TARGETS.
  (B) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE  CONTRARY,  IF,
AT  ANY  TIME  IN  THE SCHOOL YEAR, A CHARTER SCHOOL FAILS TO ENROLL AND
KEEP ENROLLED THE NUMBER OF STUDENTS IN EACH  CATEGORY  AS  REQUIRED  BY
PARAGRAPH  (E)  OF  SUBDIVISION  FOUR  OF  SECTION  TWENTY-EIGHT HUNDRED
FIFTY-ONE OF THIS ARTICLE FOR ANY REASON, THE CHARTER  SCHOOL'S  FUNDING
SHALL  BE  REDUCED BY AN AMOUNT EQUAL TO TWO TIMES THE PER PUPIL FUNDING
THE SCHOOL WOULD HAVE RECEIVED FOR EACH STUDENT REQUIRED TO BE  BUT  NOT
ENROLLED.  NOTWITHSTANDING  ANY LAW, RULE OR REGULATION TO THE CONTRARY,
THE CHARTER SCHOOL SHALL NOT RECEIVE  ANY  PER  PUPIL  FUNDING  FOR  ANY
NUMBER  OF STUDENTS THAT MAKES IT IMPOSSIBLE OR WOULD MAKE IT IMPOSSIBLE
TO ENROLL THE NUMBER OF STUDENTS IN EACH CATEGORY REQUIRED  BY  SUBDIVI-
SION FOUR OF SECTION TWENTY-EIGHT HUNDRED FIFTY-ONE OF THIS ARTICLE.
  S 8. The education law is amended by adding a new section 2858 to read
as follows:
  S  2858.  PLACEMENT  OF  A  STUDENT.  NOTHING IN THIS ARTICLE SHALL BE
CONSTRUED TO REQUIRE THE PLACEMENT OF A STUDENT IN A  CLASS  OR  SETTING
THAT IS NOT APPROPRIATE TO THE NEEDS OF THE STUDENT AS DETERMINED BY THE
SCHOOL DISTRICT'S COMMITTEE ON SPECIAL EDUCATION.
  S  9.  Paragraph (a) of subdivision 4 of section 2853 of the education
law, as amended by chapter 378 of the laws of 2007, is amended  to  read
as follows:

A. 9006--B                         211

  (a)  For purposes of sections seven hundred one, seven hundred eleven,
seven hundred fifty-one and nine hundred twelve of this chapter, a char-
ter school shall be deemed a nonpublic school  in  the  school  district
within  which  the charter school is located. Special education programs
and services shall be provided to students with a disability attending a
charter  school  in accordance with the individualized education program
recommended by the committee or subcommittee on special education of the
student's school district of residence. The charter school  may  arrange
to  have  such services provided by such school district of residence or
by the charter school directly or by  contract  with  another  provider,
PROVIDED,  HOWEVER,  THAT  IF  SUCH SERVICES ARE PROVIDED BY SUCH SCHOOL
DISTRICT OF RESIDENCE THE STUDENTS RECEIVING  SUCH  SERVICES  SHALL  NOT
COUNT  TOWARDS THE MINIMUM NUMBER OF STUDENTS THE CHARTER MUST ENROLL IN
EACH CATEGORY SET FORTH IN PARAGRAPH (E) OF SUBDIVISION FOUR OF  SECTION
TWENTY-EIGHT  HUNDRED  FIFTY-ONE  OF  THIS  ARTICLE.   Where the charter
school arranges to have the school district of  residence  provide  such
special  education  programs  or  services,  such  school district shall
provide services in the same manner as it serves students with disabili-
ties in other public schools  in  the  school  district,  including  the
provision  of  supplementary  and  related  services on site to the same
extent to which it has a policy or practice of providing  such  services
on the site of such other public schools.
  S  10. Paragraph (a) of subdivision 4 of section 2853 of the education
law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
follows:
  (a)  For purposes of sections seven hundred one, seven hundred eleven,
seven hundred fifty-one and nine hundred twelve of this chapter, a char-
ter school shall be deemed a nonpublic school  in  the  school  district
within  which  the charter school is located. Special education programs
and services shall be provided to students with a disability attending a
charter school in accordance with the individualized  education  program
recommended by the committee or subcommittee on special education of the
student's  school  district of residence. The charter school may arrange
to have such services provided by such school district of  residence  or
by  the  charter  school  directly or by contract with another provider,
PROVIDED, HOWEVER, THAT IF SUCH SERVICES ARE  PROVIDED  BY  SUCH  SCHOOL
DISTRICT  OF  RESIDENCE  THE  STUDENTS RECEIVING SUCH SERVICES SHALL NOT
COUNT TOWARDS THE MINIMUM NUMBER OF STUDENTS THE CHARTER MUST ENROLL  IN
EACH  CATEGORY SET FORTH IN PARAGRAPH (E) OF SUBDIVISION FOUR OF SECTION
TWENTY-EIGHT HUNDRED FIFTY-ONE OF THIS ARTICLE.
  S 11. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however that
the amendments to paragraph (a) of subdivision 4 of section 2853 of  the
education  law  made by section nine of this act shall be subject to the
expiration and reversion of such paragraph pursuant to subdivision d  of
section  27  of  chapter  378 of the laws of 2007, as amended, when upon
such date the provisions of section ten of this act shall take effect.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.

A. 9006--B                         212

  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through AA of this act shall be
as specifically set forth in the last section of such Parts.