Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 13, 2015 |
signed chap.56 |
Apr 01, 2015 |
delivered to governor |
Mar 31, 2015 |
returned to senate passed assembly message of necessity - 3 day message ordered to third reading rules cal.19 substituted for a3006b referred to ways and means delivered to assembly passed senate message of necessity - 3 day message ordered to third reading cal.316 print number 2006b |
Mar 31, 2015 |
amend (t) and recommit to finance print number 2006a |
Mar 31, 2015 |
amend (t) and recommit to finance |
Jan 21, 2015 |
referred to finance |
Senate Bill S2006B
Signed By Governor2015-2016 Legislative Session
Enacts into law major components of legislation necessary to implement the education, labor and family assistance budget for state fiscal year 2015 - 2016
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
-
-
-
-
Floor Vote: Mar 31, 2015
aye (36)nay (26)excused (1)
-
Mar 31, 2015 - Finance Committee Vote
S2006B21Aye2Nay14Aye with Reservations0Absent0Excused0Abstained -
-
Bill Amendments
2015-S2006 - Details
- See Assembly Version of this Bill:
- A3006
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2015-S2006 - Summary
Enacts into law major components of legislation necessary to implement the education, labor and family assistance budget for state fiscal year 2015 - 2016; relates to school aid (Part A); relates to creating the New York state get on your feet loan forgiveness program (Part C); relates to creating a standard financial aid award letter (Part F)
2015-S2006 - Sponsor Memo
BILL NUMBER:S2006 TITLE OF BILL: An act to amend the education law, in relation to contracts for excellence, apportionment of school aid, the teachers of tomorrow teacher recruitment and retention program and waivers from certain duties; to amend the state finance law, in relation to moneys appropriated from the commercial gaming revenue fund; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursements for the 2015-2016 school year; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to withholding a portion of employment preparation education aid and in relation to extending the effectiveness of such chapter; to amend chapter 169 of the laws of 1994 relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; to amend chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government; to amend section 7 of chapter 472 of the laws of 1998 amending the education law relating to the lease of school buses by school districts; to amend chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees; to amend chapter 425 of the laws of 2002 amending the education law relating to the provision of supplemental
educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, in relation to the effectiveness thereof; to amend chapter 101 of the laws of 2003 amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to extending the expiration of certain provisions of such chapters; allocates school bus driver training grants to school districts and boards of cooperative education services; allows for eligible school districts to receive special apportionments for salary expenses; allows for eligible school districts to receive special apportionments for public pension accruals; allows any moneys appropriated to the state education department to be suballocated to other state departments or agencies and/or shall be made available for specific payment of aid; allows the city school district of the city of Rochester to purchase services as a non-component school district; specifies amounts of state funds set aside for each school district for the purpose of the development, maintenance or expansion of magnet schools or magnet school programs; prohibits moneys appropriated for the support of public libraries to be used for library construction (Part A); to amend the education law, in relation to streamlining higher education program approvals for SUNY and CUNY (Part B); to amend the education law, in relation to creating the New York state get on your feet loan forgiveness program (Part C); to amend the education law, in relation to eligibility requirements and conditions governing general awards, academic performance awards and student loans; eligibility requirements for assistance under the higher education opportunity programs and the collegiate science and technology entry program; the definition of "resident"; financial aid opportunities for students of the state university of New York, the city university of New York and community colleges; and the program requirements for the New York state college choice tuition savings program; and to repeal subdivision 3 of section 661 of such law relating thereto (Part D); to amend the education law and the tax law, in relation to enacting the "education tax credit act" (Part E); to amend the banking law, in relation to creating a standard financial aid award letter (Part F); to amend the education law, the business corporation law, the partnership law and the limited liability company law, in relation to certified public accountants (Part G); to amend the education law, in relation to the implementation by all colleges and universities in the state of New York of sexual assault, dating violence, domestic violence, and stalking prevention and response policies and procedures (Part H); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part I); to amend the family court act, in relation to family court proceedings, jurisdiction of the court, the definition of juvenile delinquent, the definition of a designated felony act, the procedures regarding the adjustment of cases from criminal courts to family court, the age at which children may be tried as an adult for various felonies, and the manner in which courts handle juvenile delinquent cases; to amend the social services law, in relation to state reimbursement for expenditures made by social services districts for various services; to amend the social services law, in relation to the definitions of juvenile delinquent and persons in need of supervision; to amend the penal law, in relation to the definition of infancy and the authorized dispositions, sentences, and periods of post-release supervision for juvenile offenders; to amend the criminal procedure law, in relation to the definition of juvenile offender; to amend the criminal procedure law, in relation to the arrest of a juvenile offender without a warrant; in relation to conditional sealing of certain convictions for offenses committee by a defendant twenty years of age or younger; in relation to removal of certain proceedings to family court; in relation to joinder of offenses and consolidation of indictments; in relation to appearances and hearings for and placements 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; to amend part K of chapter 57 of the laws of 2012, amending the education law, relating to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services, in relation to making such provisions permanent; to repeal certain sections of the family court act relating to custody and detention of juvenile and youthful offenders; to repeal section 180.75 of the criminal procedure law relating to proceedings upon a felony complaint against a juvenile offender; and to repeal certain provisions of the correction law relating to the housing of prisoners and other persons in custody (Part J); to amend the social services law, in relation to state reimbursement and subsidies for the adoption of children (Part K); to amend the social services law, the family court act, the public health law and the executive law, in relation to implementing provisions required by the federal preventing sex trafficking and strengthening families act (Part L); to utilize reserves in the mortgage insurance fund for various housing purposes (Part M); to amend the labor law, in relation to the minimum wage (Part N); to amend the labor law, in relation to authorized absences by healthcare professionals who volunteer to fight the Ebola virus disease overseas; and providing for the repeal of such provisions upon expiration thereof (Part O); to amend the labor law, the workers' compensation law and chapter 784 of the laws of 1951, constituting the New York state defense emergency act, in relation to eliminating certain fees charged by the department of labor; and to repeal certain provisions of the labor law and the workers' compensation law relating thereto (Part P); and to amend the education law, in relation to requiring experiential learning as a requirement for graduation (Part Q) PURPOSE: This bill contains provisions needed to implement the Education, Labor and Family Assistance portions of the 2015-16 Executive Budget. This memorandum describes Parts A through Q of the bill which are described wholly within the parts listed below. Part A - Amend the Education Law and make other changes necessary to authorize School Aid and implement education-related programs in the Executive Budget Purpose: This bill contains various provisions necessary to implement the education portion of the 2015-16 Executive Budget. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: Public education in New York represents a significant commitment of State and local resources. With total annual spending levels exceeding $60 billion, New Yorkers have maintained the highest per-pupil spending levels in the nation - even during difficult financial times. Not only is education the largest area of State spending, it is also the largest component of local property taxes. This substantial investment reflects New York State's long-standing commitment to providing opportunity for all students. This bill includes measures to authorize School Aid along with other changes necessary to implement education-related programs in the Executive Budget. Significant provisions include: * Commercial Gaming Revenue Payments. This bill would enact an annual payment schedule to establish the timing of School Aid payments financed with the State's share of commercial gaming revenues. * Preschool Special Education Reforms. The bill would authorize the State Education Department to establish regional rates for the Special Education Itinerant Teacher (SEIT) program to be phased in over a four-year period starting in the 2015-16 school year. * School District Mandate Relief. The bill would create a new waiver process that would allow school districts, BOCES and approved private special education programs to petition the State Education Department for flexibility in meeting certain special education requirements. * Contracts for Excellence. The bill would require all school districts currently in the Contracts for Excellence program to remain in the program unless all of the school buildings in the school district are reported as "In Good Standing" for purposes of the State accountability system. School districts that remain would be required to maintain funding for Contracts for Excellence programs at the same level required for the 2015-16 school year. * Other Miscellaneous Provisions. The bill would also provide for a number of other provisions including extensions of existing provisions of State law. Budget Implications: Enactment of this bill is necessary to implement the 2015-16 Executive Budget. Effective Date: This bill takes effect April 1, 2015, except that selected provisions take effect immediately or on other specified dates. Part B - Streamline new education program approval to meet workforce needs Purpose: This bill would streamline the approval process for any new curriculum or program of study at the State University of New York (SUNY) and the City University of New York (CUNY). Summary of Provisions and Statement in Support: This bill would amend Education Law to provide that any new curriculum or program of study offered by a community college or a four-year college that does not require Board of Regents approval of a master plan amendment and that is approved by either the State University Board of Trustees or the City University Board of Trustees will be deemed registered with the State Education Department. In today's constantly evolving economy, the skills required and sought by employers change continuously. This bill would allow SUNY and CUNY to respond quickly to these ever-changing employer demands, thus allowing these institutions to adapt curriculum and degree programs to meet the needs of growing sectors. The current process surrounding the creation of new programs of study is cumbersome and time-consuming; these delays have slowed New York's ability to compete in the global economy. Therefore, this bill is necessary to allow the State to streamline the current process. Budget Implications: Enactment of this bill is necessary to implement the 2015-16 Executive Budget. Effective Date: This bill would take effect April 1, 2015. Part C - Enact the Get On Your Feet Loan Forgiveness Program Purpose: This bill would enact the Get On Your Feet Loan Forgiveness Program to make it easier for recent college graduates to live and work in New York State. Summary of Provisions and Statement in Support: This bill would amend Education Law to establish the New York State Get on Your Feet Loan Forgiveness Program, which would allow New York residents who graduate from college and continue to live in the state to pay nothing on their student loans for the first two years out of school. The program would be offered to New York State residents who attended college in New York and continue to live in the State following graduation, participate in the federal Pay As You Earn (PAYE) income-based loan repayment program, and earn less than $50,000 in annual income. For qualified residents, New York State would pay the first two years of their monthly student loan obligations under the PAYE program. Mounting student debt makes it difficult for recent graduates to deal with the everyday costs of living, which often increases the amount of credit card and other debt they must-take on in order to survive. The Get on Your Feet Loan Forgiveness Program would cover the student loans of recent graduates for two years so they are not overwhelmed with debt repayments while launching their career. Budget Implications: Enactment of this bill is necessary to implement the 2015-16 Executive Budget. Effective Date: This bill would take effect April 1, 2015. Part D - Enact the New York State DREAM Act Purpose: This bill would enact the New York State DREAM Act to support the advancement of undocumented immigrant students by making them eligible to receive State financial assistance for college. Summary of Provisions and Statement in Support: The New York State DREAM Act would amend Education Law to make students without lawful immigration status eligible for the Tuition Assistance Program and other State financial assistance programs offered to college students who are New York State residents. To become eligible for State financial assistance, a student without lawful immigration status would need to have lived continuously in New York State while attending high school or a high school general equivalency program in the State, and apply for admission at a college in New York within five years of receiving a high school or high school equivalency diploma. The bill would also make conforming changes to the laws governing resident tuition policy at the State University of New York and the City University of New York. The DREAM Act will support the advancement of undocumented immigrant students and continue New York State's tradition of welcoming immigrants and honoring their contribution to our culture and economy. Budget Implications: Enactment of this bill is necessary to implement the 2015-16 Executive Budget. Effective Date: This bill would take effect 90 days after the issuance of regulations and the development of an application form by the Higher Education Services Corporation; provided, however, that this bill shall only take effect upon enactment of the Education Tax Credit in Part E of this Act. Part E - Establish the Education Tax Credit Purpose: This bill would amend the Education Law and Tax Law to authorize the.New York State Education Tax Credit. This proposal would provide a tax credit incentive to encourage individual and business donations to support public schools' educational improvement programs as well as public and non-public school scholarships for elementary and secondary school students. Summary of Provisions and Statement in Support: The Education Tax Credit (ETC) would leverage private donations from individual taxpayers and businesses to provide additional investments in public schools' educational improvement programs and scholarships to children from low- and middle-income households interested in attending a public school in another district, or a nonpublic school. This bill encourages individual and business contributions directly to public schools, or to local education funds and school improvement organizations. These donations could fund: pre-kindergarten programs, instructional materials or programs to meet the needs of at-risk students or students with disabilities, including mentoring arid tutoring, and academic programs. Under the ETC program, contributions may be made to approved Educational Scholarship Organizations (ESOs) that will, in turn, award scholarships for eligible students choosing to attend non-public schools, or public schools outside of their districts of residence. Scholarship eligibility is based on family income. Students residing in a household of up to two dependent children would qualify if their household federal Adjusted Gross Income (AGI) is $250,000 or less. This threshold will increase by $10,000 for each additional dependent child, up to a maximum allowable AGI of $300,000. Further, the bill requires ESOs to award at least half of the scholarships to students whose family income does not exceed 150 percent of the income qualifications required for reduced price school lunches under the National School Lunch Act. There is no maximum scholarship award for a student. The Education Tax Credit program would make available $100 million in credits annually. Both businesses and individuals would be eligible to participate in the tax credit program. Taxpayers would receive a tax credit of seventy-five percent of their authorized donation. The maximum annual credit for an individual taxpayer or business would be $1 million. The bill directs the State Education Department (SED) and the Department of Taxation and Finance (DTF) to oversee and monitor various aspects of the program. SED would certify and monitor organizations eligible to receive donations through this program. DTF will administer and manage credits provided within the program cap. ESOs and other eligible organizations receiving contributions must disburse at least 90 percent of contributions received each year. These eligible organizations under the ETC program may utilize up to ten percent of the funds received to pay for ETC-related administrative expenses. Budget Implications: Enactment of this bill is necessary to implement the 2015-16 Executive Budget because it would create a key element of the Governor's overall education reform and improvement program. It would reduce revenues by $100 million annually beginning in 2017-18. Effective Date: This bill would take effect immediately and shall apply to taxable years beginning on or after January 1, 2016; provided however that this bill shall only take effect upon enactment of Part D (Dream Act) of this Act. Part F - Standardize college financial aid award letters Purpose: This bill would standardize the financial aid letters provided to students who attend college and vocational institutions in New York State. Summary of Provisions and Statement in Support: This bill would amend the Banking Law to authorize the Superintendent of Financial Services, in consultation with the President of the Higher Education Service Corporation, to develop a standard financial aid award letter by December 31, 2015 for colleges and vocational institutions to use in responding to financial aid applicants for the 2016-2017 academic year and thereafter. As the rising cost of college and sub-optimal student outcomes make college choice more critical than ever, prospective students and their parents need a tool to have the information needed to make wise decisions. The standardized financial aid award letter authorized under this bill would provide information to prospective students on the total costs of an education, how much aid they will receive and how much needs to be repaid. The letter would also include data regarding institutional performance in the areas of student access, degree completion and post-graduation success. Budget Implications: Enactment of this bill is necessary to implement the 2015-16 Executive Budget. Effective Date: This bill would take effect after April 1, 2015. Part G - Allow public accounting firms to have minority ownership by individuals who are not Certified Public Accountants Purpose: This bill would authorize public accounting firms to incorporate in New York State with minority ownership by individuals who are not Certified Public Accountants. Summary of Provisions and Statement in Support: This bill would allow public accounting firms to incorporate in New York State with minority ownership by individuals who are not Certified Public Accountants, provided the words "Certified Public Accountant" or the abbreviation "CPA" is excluded from the firm's name. In today's rapidly evolving economy, accounting firms endeavor to provide a variety of services to their clients and to do so often requires the skills of individuals who are not Certified Public Accountants such as actuaries, industry experts, information technology professionals and valuation specialists. By allowing non-CPA professionals to become minority owners of public accounting firms, this bill would modernize New York's incorporation laws and better enable accounting firms in the State to provide the services their clients have come to expect. Budget Implications: Enactment of this bill is necessary to implement the 2015-16 Executive Budget. Effective Date: This bill would take effect immediately. Part H - Implement uniform prevention and response policies and procedures relating to sexual violence in all colleges and universities Purpose: This bill would require all colleges and universities in the State of New York to implement uniform prevention and response policies and procedures relating to sexual violence including sexual assault, domestic violence, dating violence, and stalking. Summary of Provisions and Statement in Support: Sexual assault, domestic violence, dating violence and stalking affect thousands of college students in New York State and across the nation. In addition to the trauma caused by such violence, many victims drop out of school, experience difficulty working, and see promising opportunities cut short. While it is not just college students that experience these crimes, colleges and universities have unique opportunities to educate members of the college community about these crimes and incidents so that we may better safeguard students. Colleges and universities can act to lessen the incidence of these crimes and respond strongly when they learn of such incidents. Under the leadership of Governor Cuomo, the State University of New York (SUNY) undertook a system-wide review of sexual assault prevention and response and, in coordination with the Governor's Office and experts inside and outside the SUNY System, developed uniform system-wide policies that have been called cutting-edge and national models. This legislation would build on the reforms already made within the public university system by enacting similar policies in all colleges and universities across the state that include: * Definition of Affirmative Consent to Sexual Activity * Policy for Alcohol and/or Drug Use Amnesty in Sexual Violence Cases * Victim and Survivor Bill of Rights * Response to Reports * Campus Climate Assessments * Options for Confidential Disclosure * Student Onboarding and Ongoing Education Guide * Privacy in Legal Challenges to Conduct Findings Such policies shall be developed and implemented for the academic year beginning no more than one year after passage of this legislation. Definition of Affirmative Consent to Sexual Activity This definition of affirmative consent requires that both parties engaging in sexual activity consent to doing so. Those who are asleep or incapacitated such that they cannot make a decision about sexual activity cannot consent. Consent is active, not passive, and all parties maintain their own rights to determine whether they wish to engage in sexual activity without such activity being imposed upon them against their consent. Policy for Alcohol and/or Drug Use Amnesty in Sexual Violence Cases Colleges and universities must take reports of sexual violence seriously and this legislation recognizes that sexual violence is more devastating than minor alcohol and drug use violations of the campus code. This provision makes clear that no bystander who reports in good faith or victim who reports sexual violence shall be charged with an alcohol or drug use violation of the college code of conduct. This provision is intended to encourage reporting of these crimes and quell any fear by victims or bystanders that they will be charged with an alcohol or drug use violation of college policy for coming forward. Victim and Survivor Bill of Rights This Bill of Rights states clearly and plainly that colleges and universities take these crimes seriously, will support victims and survivors of these crimes, and will offer them opportunities to disclose these crimes, seek resources, and report to law enforcement and/or campus professionals. This Bill of Rights shall be distributed widely to students and college community members and shall be sent electronically to students at least once annually. Response to Reports This policy requires that institutions notify students about rights and resources available to them and how the college or university will respond to reports of sexual assault, domestic violence, dating violence and stalking.. The policy includes a list of resources to disclose and report violence, intervention, medical and mental health counseling availability, protection and accommodations, and information about the student-conduct process. Campus Climate Assessments Starting in the academic year that begins at least one year following passage of this legislation, all colleges and universities shall conduct a campus climate assessment developed using standard and commonly recognized research methods and shall conduct such assessment no less than every other year. The climate assessment prepared by the State University of New York may serve as one acceptable model for such an assessment. Each college or university shall take care to ensure that answers to such surveys remain anonymous and no individual respondent is identified. Each college or university shall publish high-level results of such surveys on their website provided that no personally identifiable information or information which can reasonably lead a reader to identify an individual respondent shall be shared. This will encourage transparency and provide an incentive to improve in lagging areas. Options for Confidential Disclosure This policy requires that institutions use plain language to notify students about the laws surrounding confidentiality and privacy, which can be confusing, and to list confidential and private resources that students can reach out to, as well as provide technical information about how institutions will respond to requests for confidentiality. Student Onboarding and Ongoing Education Guide Modern research on disclosure and educating students recognizes that sexual assault and related violence prevention cannot be effectively taught during a single orientation session, but rather should be part of a year-round campaign. This policy draws heavily from the Violence Against Women Act (VAWA), the First Report of the White House Task Force to Protect Students From Sexual Assault, and cutting-edge research regarding effective education methods. These policies also comply with VAWA's training requirements. While all students are offered generalized and specialized training, all athletes must complete such training prior to competing in intercollegiate athletics and all officers and leaders of clubs and organizations must complete such training prior to their club or organization being recognized by, or registered with, the college or university. This will encourage positive modeling of behavior by students who are looked at as leaders and role models on campus. Privacy in Legal Challenges to Conduct Findings One method of intimidating victims or survivors as well as witnesses who come forward to report incidents of sexual violence, or other related violations of college code, is by naming them publicly in court documents or threatening to do so if the victim or survivor does not recant or withdraw the complaint. This provision of the legislation provides exceptions for testifying witnesses, except for those witnesses that testify in their professional capacity (such as victims/survivors, police officers, college officials, investigators, and medical professionals), and witnesses that give written consent to being disclosed. Budget Implications: Enactment of this bill is necessary to implement the 2015-16 Executive Budget. Effective Date: This bill shall takes effect in no later than 180 days, except for sections on Victim and Survivor Bill of Rights and Privacy in legal challenges to conduct findings that shall take effect in 60 days, and the section on Campus Climate Assessments that shall take effect in one year and 60 days. Part I - Authorize the pass-through of any Federal Supplemental Security Income Cost of Living Adjustment which becomes effective on or after January 1, 2016 Purpose: This bill would authorize federal Supplemental Security Income (SSI) benefits to be increased in 2016 by the percentage of any SSI Cost of Living Adjustment (COLA). Summary of Provisions and Statement in Support: Sections 131-o and 209 of the Social Services Law establish specific amounts for the monthly Personal Needs Allowance (PNA) and the monthly SSI standard of need (the maximum combined federal and State benefit) for recipients in various living arrangements. This bill would amend those sections of law to set forth the actual 2015 PNA amounts and the standard of need for eligibility and payment of additional State payments. It would also authorize those amounts to be automatically increased in 2016 by the percentage of any federal SSI COLA which becomes effective within the first half of calendar year 2016. Legislation to effectuate the federal SSI COLA has been enacted annually since 1984. Budget Implications: If the pass-through of the federal SSI COLA is not enacted in the 2015-16 budget, there will be no statutory authority to provide SSI recipients with the full amount of any federal increase plus a State supplement at the current level. The State supplements would be automatically reduced to reflect the current standards of need set forth in the SSL. Effective Date: This bill would take effect December 31, 2015. Part J - Raise the age of juvenile jurisdiction Purpose: This bill would raise the age of juvenile jurisdiction from 16 to 18 years of age and establish the services necessary to improve outcomes for youth. Summary of Provisions and Statement in Support: New York is one of only two states that sets its age of juvenile jurisdiction at 16 years of age. This means that all 16 and 17 year olds are processed in the criminal justice system, and not through the family courts, no matter their offense. All other states, except for North Carolina, set the age at 17 or 18 years old. Research has shown that incarcerating adolescents in adult jails and prisons has significant negative impacts including higher suicide rates and increased recidivism. Experience in other states, such as Connecticut and Illinois, has shown that raising the age of juvenile jurisdiction can lower recidivism and juvenile crime rates through evidence-based interventions designed specifically for adolescents. In 2014, the Governor established the Commission on Youth, Public Safety and Justice to make recommendations on how best to raise the age of juvenile jurisdiction to age 18, improve outcomes for youth, and promote community safety. The 2015-16 Executive Budget reflects the first steps to implement the Commission's recommendations with an investment of $25 million to plan, create and expand services, including but not limited to diversion and probation services, for 16 and 17 year old youth who will be involved in the juvenile justice system and to place 16 and 17 year old youth who are newly sentenced to a term in prison in Office of Children and Family Services (OCFS) facilities. The age of juvenile jurisdiction will be raised to age 17 on January 1, 2017 and to age 18 on January 1, 2018. Full implementation costs are estimated at $375 million in 2020-21. The major provisions of this bill would: * Raise the age of juvenile jurisdiction from age 16 to age 17 on January 1, 2017 and to age 18 on January 1, 2018; raise the lower age of juvenile jurisdiction from seven to 12 on January 1, 2018 for all offenses except homicide; expand Family Court jurisdiction to include youth ages 16 and 17 charged with nonviolent felonies, misdemeanors, or harassment or disorderly conduct violations; on or after December 1, 2015, commit 16 and 17 year olds newly sentenced to prison to OCFS; * Create "Youth Parts" in a superior court to process juvenile offender cases and allow the Youth Part to hear cases removed to family court under the provisions of the Family Court Act; * Originate cases for the following crimes committed at age 16 and 17 in the Youth Part: all violent felony offenses, class A crimes, homicide offenses, sexually motivated felonies, crimes of terrorism, felony vehicular assaults, aggravated criminal contempt, and conspiracy to commit, any of these offenses or tampering with a witness related to any of these offenses; * Provide current capacity for removal of juvenile offender cases to family court for 16 and 17 year old cases in the Youth Part and create a new rebuttable presumption for removal to family court for the current juvenile offender crime of second degree robbery and for any violent felony offense that is not a juvenile offender crime for youth age 15 and under; * Prohibit confinement of any minor in adult jail or prison; * Prohibit detention and placement for youth who are low risk if they are adjudicated for first or second-time misdemeanors that do not involve harm to another person and for youth who have technical violations of probation and do not pose an imminent risk to public safety; * Expand to 16 and 17 year olds the current juvenile practice regarding parental notification of arrest and the use of Office of Court Administration approved rooms for questioning by police; * Mandate diversion attempts for low-risk (per risk assessment) misdemeanor cases; * Allow for additional time for probation adjustment in order to access necessary services and create the capacity for probation to obtain an order of protection while adjusting a case; * Establish probation family engagement specialists to facilitate adjustment; and a continuum of evidenced-based diversion services; * Establish Family Support Centers to provide comprehensive services to children at risk of person in need of supervision (PINS) adjudications and their families as well as very young children who are no longer subject to jurisdiction as juvenile delinquents; * Effective January 1, 2018, prohibit the use of detention in PINS proceedings and only authorize PINS foster care placements, if appropriate, for sexualized exploited youth who may be in need of specialized services; * Provide access to bail and weekend arraignment for family court cases; * Use determinate sentencing for youth sentenced under Juvenile Offender or Youthful Offender statuses, including 16 and 17 year olds; * Require post-release supervision provided by OCFS for Juvenile Offender youth coming out of OCFS facilities to facilitate better re-entry; * Expand the presumption for granting Youthful Offender status and provide for confidentiality of felony filings that are eligible for Youthful Offender status; * Provide for the conditional sealing of records of certain convictions; * Continue OCFS' authority to contract with the Boards of Cooperative Educational Services (BOCES) for certain educational services for youth and expand such authority to allow OCFS to contract with BOCES to provide any educational services at OCFS youth facilities that BOCES provides to school districts; * Authorizes Civil Service in consultation with OCFS to develop the required experience and qualifications for OCFS facility director positions; and * Authorize state reimbursement of 100 percent for foster care, aftercare and independent living services, detention, and Close to Home for 16 and 17 year old youth newly placed as a result in the change of age of juvenile jurisdiction; waive reimbursement from Local Social Service Districts for placement with OCFS for 16 and 17 year old youth placed as a result in the change of age of juvenile jurisdiction. Budget Implications: The SFY 15-16 Executive Budget provides for full State financing for all State and local responsibilities associated with the legislation. The Financial Plan assumes $25 million of resources in this fiscal year, growing in the out years as the program is phased in. It is possible that savings that are not currently assumed may occur as a result of this legislation that would substantially mitigate these costs. Effective Date: This bill would take effect immediately except as otherwise noted. Part K - Provides for the issuance of adoption assistance payments for the private adoption of children with special needs only when the adoptive parents reside in New York State at the time of application Purpose: This bill would conform the Social Services Law to federal child welfare policy that directs states to pay adoption assistance payments for the private adoption of children with special needs only when the adoptive parent resides in the state at the time of application. Summary of Provisions and Statement in Support: Currently, New York pays adoption assistance for the private adoption of children with special needs when the child is located in New York State, regardless of where the adoptive parents are located. Federal child welfare policy was clarified to advise that the state where the prospective adoptive parent resides shall make the adoption assistance payments. This bill would amend state law to be consistent with federal child welfare policy by allowing adoption assistance payments only when the prospective adoptive parent resides in New York at the time of the adoption. This bill would also codify existing practice where the State, rather than the local social services districts, enters into agreements and makes payments for the private adoption of children with special needs who are placed for adoption by voluntary authorized agencies. The Office of Children and Family Services had previously administratively relieved local social services districts of this responsibility since they have no legal relationship with these types of children. Budget Implications: This bill results in estimated State savings of $32,000 in 2015-16, annualizing to $100,000 in 2016-17. Effective Date: This bill would take effect on July 1, 2015. Part L - Make statutory changes to comply with the recent federal Preventing Sex Trafficking and Strengthening Families Act Purpose: The bill would enact provisions to conform State law to the federal Preventing Sex Trafficking and Strengthening Families Act (the Act), which is required for the State and local departments of social services (LDSSs) to continue receiving approximately $600 million in federal funding under Title 1V-E of the Social Security Act (SSA). Summary of Provisions and Statement in Support: President Obama signed the Act into law on September 29, 2014. It will help reduce the incidence of sex trafficking among youth in foster care, help ensure that foster children participate in age or developmentally appropriate activities to promote-normalcy in their lives and help increase the speed with which permanency for foster youth is achieved. This bill would make the statutory changes needed for New York to comply with the new requirements imposed by the Act. Consistent with those requirements, the bill would: * Allow a missing child report to be made and reported to the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation for any youth under 21 years of age who the Office of Children and Family Services (OCFS) or an LDSS has reasonable cause to believe is, or is at risk of being, a sex trafficking victim; * Authorize kinship guardianship assistance payments to be made to a successor guardian upon the death or incapacity of the child's relative guardian; * Decrease the age at which a permanency hearing must address whether a foster child is receiving services to help transition him or her to independent living from 16 to 14 years of age; * Require that a foster child be at least 16 years of age to have a permanency goal of another planned permanent living arrangement (APPLA); * Require caseworkers to document the intensive, ongoing and unsuccessful efforts made to secure an alternative permanency plan to APPLA and the steps being taken to ensure that foster children have regular and on-going age or developmentally appropriate activities; * Require that foster children be asked about their desired permanency outcome at hearings where APPLA is the requested permanency goal; and, * Authorize OCFS or an LDSS to obtain a certified copy or transcript of a birth certificate for a foster child in its care and to extend to other foster children the current provision authorizing OCFS and the LDSS to obtain free copies of birth certificates for juvenile delinquents. Budget Implications: Enactment of this bill is necessary to implement the 2015-16 Executive Budget because it would allow the State and LDSSs to continue to receive approximately $600 million in federal child welfare funding under Title IV-E of the SSA. Effective Date: This bill would take effect on September 1, 2015, except the provisions pertaining to successor kinship guardianship would take effect immediately and the provision related to reporting missing children to the NCIC would take effect on January 1, 2016. Part M - Utilize excess Mortgage Insurance Fund reserves Purpose: This bill would utilize $125 million in excess Mortgage Insurance Fund (MIF) reserves. Summary of Provisions and Statement in Support: The MIF, a division of the State of New York Mortgage Agency (SONYMA), was created in 1978 to insure mortgage loans for projects that would not otherwise be able to obtain private mortgage insurance, thereby encouraging the commercial and public investment of mortgage capital and increasing the supply of affordable housing in New York State. The SONYMA statute allows for excess revenues from the MIF, after expenses and the required reserves, to be returned to the State following SONYMA Board approval. The MIF has been previously used to support new housing development or provide relief for - budgetary deficits; in FY 2015, $81 million was used for various housing assistance and capital programs, and $34 million was used for municipal assistance: The MIF is currently projected to have over $125 million in reserves through FY 2016 that can be accessed without negatively impacting the Fund's credit rating. The funding will be utilized in the following manner, as prescribed within the bill: * Rural Rental Assistance Program ($21.6 million): supports rental subsidies for low-income elderly and family tenants residing in federally-funded multifamily projects in rural areas of the State; * Mitchell-Lama Portfolio ($42 million): supports the initial refinancing and capital repairs of 35 Mitchell-Lama affordable housing projects that Homes and Community Renewal acquired from the Empire State Development Corporation; * Neighborhood and Rural Preservation Programs ($12 million): supports community-based housing corporations across the State that provide various housing related services for low and moderate income populations; * Various affordable housing capital programs ($33 million): supports the Rural and Urban Community Development Fund Program ($17 million); the Low-Income Housing Trust Fund Program ($7.5 million); and the Homes for Working Families Program ($8.5 million) pursuant to the Governor's House New York initiative; and * Homeless Housing Programs ($16.3 million): supports the OTDA consolidated homeless programs, which include: the New York State Supportive Housing Program, the Solutions to End Homelessness Program, and the Operational Support for AIDS Housing program. Budget Implications: The bill is necessary for enactment of the 2015-16 Executive Budget, which assumes MIF revenue for the aforementioned programs. Effective Date: This bill would take effect immediately. Part N - Increase the minimum wage Purpose: This bill would raise the minimum hourly wage from $9.00 to $11.50 in New York City and $10.50 in the remainder of the State, effective December 31, 2016. Summary of Provisions and Statement in Support: A minimum wage ensures that the most vulnerable members of the workforce can participate in and contribute to a robust economy. A reasonable minimum wage increases the standard of living for workers, reduces poverty and incentivizes fair and more efficient business practices. New York's minimum wage has not kept pace with increases in the cost of living. At present, eight states have a higher minimum wage than New York, including our neighbors Connecticut, Vermont, and Massachusetts. Effective December 31, 2015, New York's current statutory minimum wage of $8.75 will increase to $9.00. This bill would amend section 652 of the Labor Law to increase the statutory minimum wage by $2.50, to $11.50 in New York City and by $1.50 to $10.50 in the remainder of the State, effective December 31, 2016. This would bring the minimum wage more in line with the cost of living and the wage required to lift a family out of poverty. Budget Implications: Enactment of this bill has broad budget implications as it increases the standard of living for workers, reduces poverty, and incentivizes fair and more efficient business practices. Effective Date: This bill would take effect immediately. Part O - Provide a leave of absence for healthcare professionals who volunteer to fight the Ebola virus overseas Purpose: This bill would provide a healthcare professional who volunteers to fight the Ebola virus overseas with a right take to a leave of absence unless said absence would impose an undue hardship on the business or operations of the healthcare professional's employer. Summary of Provisions and Statement in Support: The Ebola virus disease is a rare and potentially deadly disease caused by infection with one of four Ebola strains known to cause disease in humans. The World Health Organization has declared that the current Ebola virus disease outbreak in West Africa constitutes a public health emergency of international concern. As reported by the United States Centers for Disease Control and Prevention, the number of future Ebola virus disease cases will reach extraordinary levels without a scale-up of interventions. This bill would support New York state healthcare professionals including physicians, physician assistants, nurse practitioners, and registered nurses who want to fight the Ebola virus in a country that has been classified as having widespread transmission of the Ebola virus. New York's existing Human Rights Law provides broad antidiscrimination protection to these healthcare professionals when they return from fighting Ebola. The bill would expand upon these protections and provide professionals with a right to request an unpaid leave of absence from their employer to volunteer to fight the Ebola virus. The bill would require the leave of absence to be granted unless the absence would impose an undue hardship on the employer's business or operations. The bill would apply to private sector employees as well as employees of the State and local governments. During such a leave of absence, the bill would require that the professionals be entitled to participate in insurance and other benefits consistent with their employer's existing practices for employees on a leave of absence. The bill would further require that a healthcare professional returning from a leave of absence be restored to the same or comparable position without loss of seniority upon the completion of the leave. The bill also contains detailed rules outlining the procedures that a healthcare professional must satisfy in requesting a leave of absence to fight the Ebola virus. Budget Implications: Enactment of this bill would provide job protection for health care professionals who volunteer their services to address the Ebola crisis, a public health emergency. The mandated leave is unpaid, although employees may utilize payroll accruals during the leave period; thus the bill imposes no extra costs upon employers, including State or local governments. Providing the leave helps manage a potential public health situation that, if unaddressed, could require a significant investment of State and local resources to address. Effective Date: This bill would take effect thirty days after it becomes a law. The right of a healthcare professional to request a leave of absence expires on December 1, 2016. All other provisions of the bill expire on December 1, 2017. Part P - Repeal of various Department of Labor fees Purpose: This bill would repeal 21 fees assessed by the Department of Labor for a variety of inspection and enforcement activities and permits, while retaining the necessary functions associated with those fees. Nine additional fees will be repealed through regulatory action. Summary of Provisions and Statement in Support: The 21 fees that would be eliminated by this bill place a burden on businesses and individuals in New York State. The fees that would be repealed by this bill are as follows: * External and Internal Antique Boiler Inspection Fees (2) - $25 fee charged to the owners of antique steam engines and other boilers that must be inspected externally and internally every year. * Miniature Boiler Inspection Fee - $50 fee charged to the owners of miniature boilers that must be inspected annually. * Commissary Operator Permit Fee - $40 fee charged to commissary operators who apply for a one year permit to operate a commissary that serves migrant farm workers at the camp or processing plant where they are employed. * Defense Dispensation Fee - $40 fee charged to Defense contractors and canneries that apply for a dispensation from certain provisions of the Labor Law. * Day of Rest Easement Application Fee - $40 fee charged to employers that apply to an exemption from the day of rest statute that requires employees be given one 24 hour period off from work in each calendar week. * Farm Grower Permit Fee - $40 fee charged to agriculture growers who apply for a one-year permit that allows the grower to employ more than five non-H2A migrant farm workers. * Farm Labor Contractor Permit Fee - $200 fee charged to farm labor contractors that apply for a one year permit to transport and provide non-H2A migrant farm workers to a grower. * Industrial Homework Certificate Fee - Employer - $100 fee charged to Manufacturers who apply for a one year permit that allows the manufacturer to distribute unfinished material, such as clothing or jewelry, to employees for completion at their homes. * Industrial Homework Certificate Fee - Homeworker - $25 fee charged to individuals who apply for a one year permit that enables the individual to accept and perform industrial work in their homes. * Professional Employer Organization Registration and Renewal Fees (2) $1,000 initial registration fee charged to professional employer organizations to allow the leasing of employees to businesses in New York. A $500 renewal fee is charged annually. * Professional Employer Organization Exemption Fee - $250 fee charged to professional employer organizations annually that are already licensed in another state. The organization must have no office and less than 25 employees in New York to qualify for this exemption. * Workplace Safety and Loss Certification Fee - $1,000 fee charged to individuals who apply and are certified to conduct workplace safety and loss prevention consultations. Fees are lower when multiple individuals apply. * Workplace Safety and Loss Specialist Certification and Recertification Fees (2) - $800 fee charged to individuals who receive certification as a workplace safety and loss prevention management specialist. A $600 recertification fee is charged every three years with $100 charged for each additional recertification. Fees are lower when multiple individuals apply. * Workplace Safety and Loss Consultation Fee - $350 per day charged to clients who receive a workplace safety and loss prevention consultation from DOL staff. * Written Assurances Fee - $100 fee charged to apparel industry manufacturers or contractors when they apply for a one year written assurance from DOL that a subcontractor has complied with certain requirements of the Labor Law. * Slot Machine Repair License Fees (2) - $500 fee for each machine used in the slot-machine apprenticeship program. $100 fee for each person registered in the slot machine apprenticeship program. Both fees are renewable every six months. * Building Plans Exam Fee - $200 fee charged for the examination of plans submitted to DOL for review and approval to build or alter a place of public assembly located therein. The fee is based on the estimated cost of the project with a maximum charge of $200. Budget Implications: This bill would result in the loss of $134,000 in recurring revenue to the Financial Plan. Effective Date: This bill would take effect immediately. Part Q - Make experiential learning a graduation requirement at SUNY and CUNY Purpose: This bill would make experiential learning a mandatory requirement for graduation at the State University of New York and the City University of New York to ensure our public institutions of higher education connect students to employers and jobs. Summary of Provisions and Statement in Support: This bill would amend Education Law to require the Boards of Trustees of the State University of New York and the City University of New York to each pass a resolution making experiential learning or applied learning activities a mandatory requirement for graduation. To gain employment after graduation, it is no longer sufficient for a student simply to attain a degree or certificate in a specific field. Rather, students must also demonstrate work readiness and prior relevant experience to prospective employers. Experiential learning such as cooperative education ("co-op") and internships provide a win-win-win for New York's businesses, colleges, and -- most importantly - students. Budget Implications: Enactment of this bill is necessary to implement the 2015-16 Executive Budget. Effective Date: This bill would take effect April 1, 2015. The provisions of this act shall take effect immediately, provided, however, that the applicable effective date of each part of this act shall be as specifically set forth in the last section of such part.
2015-S2006 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 2006 A. 3006 S E N A T E - A S S E M B L Y January 21, 2015 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the education law, in relation to contracts for excel- lence, apportionment of school aid, the teachers of tomorrow teacher recruitment and retention program and waivers from certain duties; to amend the state finance law, in relation to moneys appropriated from the commercial gaming revenue fund; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursements for the 2015-2016 school year; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to withholding a portion of employment preparation education aid and in relation to extending the effective- ness of such chapter; to amend chapter 169 of the laws of 1994 relat- ing to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; to amend chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government; to amend section 7 of chapter 472 of the laws of 1998 amending the education law relating to the lease of school buses by school districts; to amend chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees; to amend chapter 425 of the laws of 2002 amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, in relation to the effectiveness thereof; to amend chapter 101 of the laws of 2003 amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to extending the expiration of certain provisions of such chapters; allocates school bus driver EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12572-01-5 S. 2006 2 A. 3006 training grants to school districts and boards of cooperative educa- tion services; allows for eligible school districts to receive special apportionments for salary expenses; allows for eligible school districts to receive special apportionments for public pension accruals; allows any moneys appropriated to the state education department to be suballocated to other state departments or agencies and/or shall be made available for specific payment of aid; allows the city school district of the city of Rochester to purchase services as a non-component school district; specifies amounts of state funds set aside for each school district for the purpose of the development, maintenance or expansion of magnet schools or magnet school programs; prohibits moneys appropriated for the support of public libraries to be used for library construction (Part A); to amend the education law, in relation to streamlining higher education program approvals for SUNY and CUNY (Part B); to amend the education law, in relation to creating the New York state get on your feet loan forgiveness program (Part C); to amend the education law, in relation to eligibility requirements and conditions governing general awards, academic performance awards and student loans; eligibility requirements for assistance under the higher education opportunity programs and the collegiate science and technology entry program; the definition of "resident"; financial aid opportunities for students of the state university of New York, the city university of New York and community colleges; and the program requirements for the New York state college choice tuition savings program; and to repeal subdivision 3 of section 661 of such law relating thereto (Part D); to amend the education law and the tax law, in relation to enacting the "education tax credit act" (Part E); to amend the banking law, in relation to creating a standard financial aid award letter (Part F); to amend the education law, the business corporation law, the partnership law and the limited liability company law, in relation to certified public accountants (Part G); to amend the education law, in relation to the implementa- tion by all colleges and universities in the state of New York of sexual assault, dating violence, domestic violence, and stalking prevention and response policies and procedures (Part H); to amend the social services law, in relation to increasing the standards of month- ly need for aged, blind and disabled persons living in the community (Part I); to amend the family court act, in relation to family court proceedings, jurisdiction of the court, the definition of juvenile delinquent, the definition of a designated felony act, the procedures regarding the adjustment of cases from criminal courts to family court, the age at which children may be tried as an adult for various felonies, and the manner in which courts handle juvenile delinquent cases; to amend the social services law, in relation to state reimbursement for expenditures made by social services districts for various services; to amend the social services law, in relation to the definitions of juvenile delinquent and persons in need of supervision; to amend the penal law, in relation to the definition of infancy and the authorized dispositions, sentences, and periods of post-release supervision for juvenile offenders; to amend the criminal procedure law, in relation to the definition of juvenile offender; to amend the criminal procedure law, in relation to the arrest of a juvenile offen- der without a warrant; in relation to conditional sealing of certain convictions for offenses committee by a defendant twenty years of age or younger; in relation to removal of certain proceedings to family court; in relation to joinder of offenses and consolidation of indict- S. 2006 3 A. 3006 ments; in relation to appearances and hearings for and placements of certain juvenile offenders; in relation to raising the age for juve- nile offender status; in relation to creating a youth part for certain proceedings involving juvenile offenders; to amend the correction law, in relation to requiring that no county jail be used for the confine- ment of persons under the age of eighteen; to amend the education law, in relation to certain contracts with the office of children and fami- ly services; to amend the education law, in relation to the possession of a gun on school grounds by a student; to amend the executive law, in relation to persons in need of supervision or youthful offenders; to amend part K of chapter 57 of the laws of 2012, amending the educa- tion law, relating to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services, in relation to making such provisions permanent; to repeal certain sections of the family court act relating to custody and detention of juvenile and youthful offenders; to repeal section 180.75 of the criminal procedure law relating to proceedings upon a felony complaint against a juvenile offender; and to repeal certain provisions of the correction law relating to the housing of prisoners and other persons in custody (Part J); to amend the social services law, in relation to state reimbursement and subsidies for the adoption of children (Part K); to amend the social services law, the family court act, the public health law and the executive law, in relation to implementing provisions required by the federal preventing sex trafficking and strengthening families act (Part L); to utilize reserves in the mortgage insurance fund for various housing purposes (Part M); to amend the labor law, in relation to the minimum wage (Part N); to amend the labor law, in relation to authorized absences by healthcare professionals who volun- teer to fight the Ebola virus disease overseas; and providing for the repeal of such provisions upon expiration thereof (Part O); to amend the labor law, the workers' compensation law and chapter 784 of the laws of 1951, constituting the New York state defense emergency act, in relation to eliminating certain fees charged by the department of labor; and to repeal certain provisions of the labor law and the work- ers' compensation law relating thereto (Part P); and to amend the education law, in relation to requiring experiential learning as a requirement for graduation (Part Q) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2015-2016 state fiscal year. Each component is wholly contained within a Part identified as Parts A through Q. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, includ- ing the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A S. 2006 4 A. 3006 Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- tion law, as amended by section 1 of part A of chapter 56 of the laws of 2014, is amended to read as follows: e. Notwithstanding paragraphs a and b of this subdivision, a school district that submitted a contract for excellence for the two thousand eight--two thousand nine school year shall submit a contract for excel- lence for the two thousand nine--two thousand ten school year in conformity with the requirements of subparagraph (vi) of paragraph a of subdivision two of this section unless all schools in the district are identified as in good standing and provided further that, a school district that submitted a contract for excellence for the two thousand nine--two thousand ten school year, unless all schools in the district are identified as in good standing, shall submit a contract for excel- lence for the two thousand eleven--two thousand twelve school year which shall, notwithstanding the requirements of subparagraph (vi) of para- graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the product of the amount approved by the commissioner in the contract for excellence for the two thousand nine--two thousand ten school year, multiplied by the district's gap elimination adjustment percentage and provided further that, a school district that submitted a contract for excellence for the two thousand eleven--two thousand twelve school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twelve--two thousand thir- teen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eleven--two thousand twelve school year and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twelve--two thousand thirteen school year and provided further that, a school district that submitted a contract for excellence for the two thousand thirteen--two thousand fourteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fourteen--two thousand fifteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand thirteen--two thousand fourteen school year; AND PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO S. 2006 5 A. 3006 THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR. For purposes of this paragraph, the "gap elimination adjustment percentage" shall be calculated as the sum of one minus the quotient of the sum of the school district's net gap elimination adjustment for two thousand ten--two thousand eleven computed pursuant to chapter fifty-three of the laws of two thousand ten, making appropriations for the support of government, plus the school district's gap elimination adjustment for two thousand eleven--two thousand twelve as computed pursuant to chapter fifty-three of the laws of two thousand eleven, making appropriations for the support of the local assistance budget, including support for general support for public schools, divided by the total aid for adjustment computed pursuant to chapter fifty-three of the laws of two thousand eleven, making appropriations for the local assistance budget, including support for general support for public schools. Provided, further, that such amount shall be expended to support and maintain allowable programs and activities approved in the two thousand nine--two thousand ten school year or to support new or expanded allowable programs and activ- ities in the current year. S 2. The closing paragraph of subdivision 5-a of section 3602 of the education law, as amended by section 8 of part A of chapter 57 of the laws of 2013, is amended to read as follows: For the two thousand eight--two thousand nine school year, each school district shall be entitled to an apportionment equal to the product of fifteen percent and the additional apportionment computed pursuant to this subdivision for the two thousand seven--two thousand eight school year. For the two thousand nine--two thousand ten through two thousand [fourteen] FIFTEEN--two thousand [fifteen] SIXTEEN school years, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910". S 3. Subdivision 12 of section 3602 of the education law, as amended by section 10 of part A of chapter 57 of the laws of 2013, is amended to read as follows: 12. Academic enhancement aid. A school district that as of April first of the base year has been continuously identified as a district in need of improvement for at least five years shall, for the two thousand eight--two thousand nine school year, be entitled to an additional apportionment equal to the positive remainder, if any, of (a) the lesser of fifteen million dollars or the product of the total foundation aid base, as defined by paragraph j of subdivision one of this section, multiplied by ten percent (0.10), less (b) the positive remainder of (i) the sum of the total foundation aid apportioned pursuant to subdivision four of this section and the supplemental educational improvement grants apportioned pursuant to subdivision eight of section thirty-six hundred forty-one of this article, less (ii) the total foundation aid base. For the two thousand nine--two thousand ten through two thousand four- teen--two thousand fifteen school years, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910", and such apportionment shall be deemed to satisfy the state obligation to provide an apportion- S. 2006 6 A. 3006 ment pursuant to subdivision eight of section thirty-six hundred forty- one of this article. FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN YEAR, EACH SCHOOL DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT EQUAL TO THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "ACADEMIC ENHANCEMENT" UNDER THE HEAD- ING "2014-15 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE TWO THOUSAND FOUR- TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND ENTITLED "SA141-5", AND SUCH APPORTIONMENT SHALL BE DEEMED TO SATISFY THE STATE OBLIGATION TO PROVIDE AN APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE. S 4. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 11 of part A of chapter 57 of the laws of 2013, is amended to read as follows: Each school district shall be eligible to receive a high tax aid apportionment in the two thousand eight--two thousand nine school year, which shall equal the greater of (i) the sum of the tier 1 high tax aid apportionment, the tier 2 high tax aid apportionment and the tier 3 high tax aid apportionment or (ii) the product of the apportionment received by the school district pursuant to this subdivision in the two thousand seven--two thousand eight school year, multiplied by the due-minimum factor, which shall equal, for districts with an alternate pupil wealth ratio computed pursuant to paragraph b of subdivision three of this section that is less than two, seventy percent (0.70), and for all other districts, fifty percent (0.50). Each school district shall be eligible to receive a high tax aid apportionment in the two thousand nine--two thousand ten through two thousand twelve--two thousand thirteen school years in the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910". Each school district shall be eligible to receive a high tax aid appor- tionment in the two thousand thirteen--two thousand fourteen [school year and the two thousand fourteen--two thousand fifteen] THROUGH TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school [year] YEARS equal to the greater of (1) the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910" or (2) the amount set forth for such school district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the execu- tive budget for the 2013-14 fiscal year and entitled "BT131-4". S 5. The opening paragraph of subdivision 10 of section 3602-e of the education law, as amended by section 21 of part A of chapter 56 of the laws of 2014, is amended to read as follows: Notwithstanding any provision of law to the contrary, for aid payable in the two thousand eight--two thousand nine school year, the grant to each eligible school district for universal prekindergarten aid shall be computed pursuant to this subdivision, and for the two thousand nine-- two thousand ten and two thousand ten--two thousand eleven school years, each school district shall be eligible for a maximum grant equal to the amount computed for such school district for the base year in the elec- tronic data file produced by the commissioner in support of the two thousand nine--two thousand ten education, labor and family assistance budget, provided, however, that in the case of a district implementing S. 2006 7 A. 3006 programs for the first time or implementing expansion programs in the two thousand eight--two thousand nine school year where such programs operate for a minimum of ninety days in any one school year as provided in section 151-1.4 of the regulations of the commissioner, for the two thousand nine--two thousand ten and two thousand ten--two thousand elev- en school years, such school district shall be eligible for a maximum grant equal to the amount computed pursuant to paragraph a of subdivi- sion nine of this section in the two thousand eight--two thousand nine school year, and for the two thousand eleven--two thousand twelve school year each school district shall be eligible for a maximum grant equal to the amount set forth for such school district as "UNIVERSAL PREKINDER- GARTEN" under the heading "2011-12 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the enacted budget for the 2011-12 school year and entitled "SA111-2", and for two thousand twelve--two thousand thirteen[, two thousand thirteen--two thousand fourteen and two thousand fourteen--two thousand fifteen] THROUGH TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school years each school district shall be eligible for a maximum grant equal to the greater of (i) the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the enacted budget for the 2011-12 school year and entitled "SA111-2", or (ii) the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner on May fifteenth, two thousand eleven pursuant to paragraph b of subdivision twenty-one of section three hundred five of this chapter, and provided further that the maximum grant shall not exceed the total actual grant expenditures incurred by the school district in the current school year as approved by the commissioner. S 6. The opening paragraph of section 3609-a of the education law, as amended by section 4 of part A of chapter 56 of the laws of 2014, is amended to read as follows: For aid payable in the two thousand seven--two thousand eight school year through the [two thousand thirteen--two thousand fourteen] TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school year, "moneys apportioned" shall mean the lesser of (i) the sum of one hundred percent of the respective amount set forth for each school district as payable pursuant to this section in the school aid computer listing for the current year produced by the commissioner in support of the budget which includes the appropriation for the general support for public schools for the prescribed payments and individualized payments due prior to April first for the current year plus the apportionment payable during the current school year pursuant to subdivision six-a and subdivision fifteen of section thirty-six hundred two of this part minus any reductions to current year aids pursuant to subdivision seven of section thirty-six hundred four of this part or any deduction from apportionment payable pursuant to this chapter for collection of a school district basic contribution as defined in subdivision eight of section forty-four hundred one of this chapter, less any grants provided pursuant to subparagraph two-a of paragraph b of subdivision four of section nine- ty-two-c of the state finance law, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW, less any grants provided pursuant to subdivision twelve of section thir- ty-six hundred forty-one of this article, or (ii) the apportionment calculated by the commissioner based on data on file at the time the S. 2006 8 A. 3006 payment is processed; provided however, that for the purposes of any payments made pursuant to this section prior to the first business day of June of the current year, moneys apportioned shall not include any aids payable pursuant to subdivisions six and fourteen, if applicable, of section thirty-six hundred two of this part as current year aid for debt service on bond anticipation notes and/or bonds first issued in the current year or any aids payable for full-day kindergarten for the current year pursuant to subdivision nine of section thirty-six hundred two of this part. The definitions of "base year" and "current year" as set forth in subdivision one of section thirty-six hundred two of this part shall apply to this section. For aid payable in the two thousand fourteen--two thousand fifteen school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "SA141-5". S 7. The education law is amended by adding a new section 3609-h to read as follows: S 3609-H. MONEYS APPORTIONED TO SCHOOL DISTRICTS FOR COMMERCIAL GAMING GRANTS PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW, WHEN AND HOW PAYABLE COMMENCING JULY FIRST, TWO THOU- SAND FOURTEEN. NOTWITHSTANDING THE PROVISIONS OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS PART, APPORTIONMENTS PAYABLE PURSUANT TO SUBDIVI- SION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW SHALL BE PAID PURSUANT TO THIS SECTION. THE DEFINITIONS OF "BASE YEAR" AND "CURRENT YEAR" AS SET FORTH IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART SHALL APPLY TO THIS SECTION. 1. THE MONEYS APPORTIONED BY THE COMMISSIONER TO SCHOOL DISTRICTS PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW FOR THE TWO THOUSAND FOURTEEN-TWO THOUSAND FIFTEEN SCHOOL YEAR AND THEREAFTER SHALL BE PAID AS A COMMERCIAL GAMING GRANT, AS COMPUTED PURSUANT TO SUCH SUBDIVISION, AS FOLLOWS: A. FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, ONE HUNDRED PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME DATE AS THE PAYMENT COMPUTED PURSUANT TO CLAUSE (V) OF SUBPARAGRAPH THREE OF PARA- GRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS ARTICLE. B. FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER, SEVENTY PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME DATE AS THE PAYMENT COMPUTED PURSUANT TO CLAUSE (II) OF SUBPARAGRAPH THREE OF PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS ARTICLE, AND THIRTY PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME DATE AS THE PAYMENT COMPUTED PURSUANT TO CLAUSE (V) OF SUBPARAGRAPH THREE OF PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS ARTICLE. 2. ANY PAYMENT TO A SCHOOL DISTRICT PURSUANT TO THIS SECTION SHALL BE GENERAL RECEIPTS OF THE DISTRICT AND MAY BE USED FOR ANY LAWFUL PURPOSE OF THE DISTRICT. S 8. Paragraph b of subdivision 2 of section 3612 of the education law, as amended by section 5 of part A of chapter 56 of the laws of 2014, is amended to read as follows: b. Such grants shall be awarded to school districts, within the limits of funds appropriated therefor, through a competitive process that takes into consideration the magnitude of any shortage of teachers in the school district, the number of teachers employed in the school district who hold temporary licenses to teach in the public schools of the state, the number of provisionally certified teachers, the fiscal capacity and geographic sparsity of the district, the number of new teachers the S. 2006 9 A. 3006 school district intends to hire in the coming school year and the number of summer in the city student internships proposed by an eligible school district, if applicable. Grants provided pursuant to this section shall be used only for the purposes enumerated in this section. Notwithstand- ing any other provision of law to the contrary, a city school district in a city having a population of one million or more inhabitants receiv- ing a grant pursuant to this section may use no more than eighty percent of such grant funds for any recruitment, retention and certification costs associated with transitional certification of teacher candidates for the school years two thousand one--two thousand two through [two thousand fourteen--two thousand fifteen] TWO THOUSAND FIFTEEN--TWO THOU- SAND SIXTEEN. S 9. Subdivision 6 of section 4402 of the education law, as amended by section 9 of part A of chapter 56 of the laws of 2014, is amended to read as follows: 6. Notwithstanding any other law, rule or regulation to the contrary, the board of education of a city school district with a population of one hundred twenty-five thousand or more inhabitants shall be permitted to establish maximum class sizes for special classes for certain students with disabilities in accordance with the provisions of this subdivision. For the purpose of obtaining relief from any adverse fiscal impact from under-utilization of special education resources due to low student attendance in special education classes at the middle and secondary level as determined by the commissioner, such boards of educa- tion shall, during the school years nineteen hundred ninety-five--nine- ty-six through June thirtieth, two thousand [fifteen] SIXTEEN of the two thousand [fourteen] FIFTEEN--two thousand [fifteen] SIXTEEN school year, be authorized to increase class sizes in special classes containing students with disabilities whose age ranges are equivalent to those of students in middle and secondary schools as defined by the commissioner for purposes of this section by up to but not to exceed one and two tenths times the applicable maximum class size specified in regulations of the commissioner rounded up to the nearest whole number, provided that in a city school district having a population of one million or more, classes that have a maximum class size of fifteen may be increased by no more than one student and provided that the projected average class size shall not exceed the maximum specified in the applicable regulation, provided that such authorization shall terminate on June thirtieth, two thousand. Such authorization shall be granted upon filing of a notice by such a board of education with the commissioner stating the board's intention to increase such class sizes and a certification that the board will conduct a study of attendance problems at the secondary level and will implement a corrective action plan to increase the rate of attendance of students in such classes to at least the rate for students attending regular education classes in secondary schools of the district. Such corrective action plan shall be submitted for approval by the commissioner by a date during the school year in which such board increases class sizes as provided pursuant to this subdivi- sion to be prescribed by the commissioner. Upon at least thirty days notice to the board of education, after conclusion of the school year in which such board increases class sizes as provided pursuant to this subdivision, the commissioner shall be authorized to terminate such authorization upon a finding that the board has failed to develop or implement an approved corrective action plan. S 10. The education law is amended by adding a new section 4403-a to read as follows: S. 2006 10 A. 3006 S 4403-A. WAIVERS FROM CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, AND REGULATIONS PROMULGATED THEREUNDER, FOR A SPECIFIC SCHOOL YEAR. SUCH APPLICATION SHALL BE SUBMITTED AT LEAST SIXTY DAYS IN ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER. 2. BEFORE SUBMITTING AN APPLICATION FOR A WAIVER, THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR PERSONS IN A PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT WOULD ENSURE THAT SUCH PARENTS OR PERSONS IN A PARENTAL RELATIONSHIP WOULD BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED WAIV- ER. THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS OR PERSONS IN A PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT TO SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH PARENTS OR PERSONS IN A PARENTAL RELATION TO SUCH STUDENTS. 3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON A FINDING THAT SUCH WAIVER WOULD ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE SPECIAL EDUCATION PROGRAM THAT IS CONSISTENT WITH APPLICABLE FEDERAL REQUIREMENTS, AND WOULD ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMINATION, THE COMMISSIONER SHALL CONSIDER ANY COMMENTS RECEIVED BY THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN A PARENTAL RELATION TO THE STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED. 4. ANY LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR WHICH A WAIVER IS GRANTED. S 11. Subparagraph (i) of paragraph a of subdivision 10 of section 4410 of the education law is amended by adding a new clause (C) to read as follows: (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER, TO BE PHASED-IN OVER NO MORE THAN FOUR YEARS START- ING IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR, THE COMMISSIONER, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, SHALL ESTABLISH REGIONAL TUITION RATES FOR SPECIAL EDUCATION ITINERANT SERVICES BASED ON AVERAGE ACTUAL COSTS IN ACCORDANCE WITH A METHODOLOGY ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. S. 2006 11 A. 3006 S 12. Section 97-nnnn of the state finance law is amended by adding a new subdivision 6 to read as follows: 6. A. MONEYS APPROPRIATED FROM THE FUND FOR THE TWO THOUSAND FOUR- TEEN--TWO THOUSAND FIFTEEN AND TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEARS, FOR THE PURPOSES OF PROVIDING AID PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION SHALL BE APPORTIONED AND PAID BY THE EDUCATION DEPARTMENT ON OR AFTER APRIL FIRST, TWO THOU- SAND FIFTEEN. B. EACH SCHOOL DISTRICT ELIGIBLE TO RECEIVE TOTAL FOUNDATION AID PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW SHALL RECEIVE A COMMERCIAL GAMING GRANT IN AN AMOUNT EQUAL TO THE PRODUCT OF THE AMOUNT OF THE APPROPRIATION OF SUCH COMMERCIAL GAMING GRANTS FOR THE CURRENT STATE FISCAL YEAR MULTIPLIED BY THE DISTRICT'S COMMERCIAL GAMING RATIO. THE "COMMERCIAL GAMING RATIO" SHALL BE EQUAL TO THE QUOTIENT OF THE MONEYS APPORTIONED FOR SUCH DISTRICT PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-A OF THE EDUCATION LAW AS SET FORTH IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED STATE BUDGET FOR THE CURRENT SCHOOL YEAR, DIVIDED BY THE SUM OF SUCH MONEYS APPORTIONED FOR ALL SCHOOL DISTRICTS AS SET FORTH IN SUCH SCHOOL AID COMPUTER LISTING IN SUPPORT OF THE ENACTED STATE BUDGET FOR THE CURRENT SCHOOL YEAR. MONEYS TO BE APPROPRIATED FROM THE FUND IN ANY STATE FISCAL YEAR, COMMENCING ON AND AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, FOR THE PURPOSES OF PROVIDING AID PURSUANT TO THIS SUBPARAGRAPH SHALL BE APPOR- TIONED AND PAID BY THE EDUCATION DEPARTMENT PURSUANT TO SECTION THIRTY- SIX HUNDRED NINE-H OF THE EDUCATION LAW. S 13. Subdivision b of section 2 of chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, as amended by section 12 of part A of chapter 56 of the laws of 2014, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section [for the 2011--2012 school year shall not exceed 62.9 percent of the lesser of such approvable costs per contact hour or twelve dollars and fifteen cents per contact hour, reimbursement] for the 2012--2013 school year shall not exceed 63.3 percent of the lesser of such approvable costs per contact hour or twelve dollars and thirty- five cents per contact hour, reimbursement for the 2013--2014 school year shall not exceed 62.3 percent of the lesser of such approvable costs per contact hour or twelve dollars and sixty-five cents per contact hour, [and] reimbursement for the 2014--2015 school year shall not exceed 61.6 percent of the lesser of such approvable costs per contact hour or [eight] THIRTEEN dollars per contact hour, AND REIMBURSEMENT FOR THE 2015--2016 SCHOOL YEAR SHALL NOT EXCEED 60.7 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR THIR- TEEN DOLLARS AND FORTY CENTS PER CONTACT HOUR where a contact hour represents sixty minutes of instruction services provided to an eligible adult. Notwithstanding any other provision of law to the contrary, [for the 2011--2012 school year such contact hours shall not exceed one million seven hundred one thousand five hundred seventy (1,701,570) hours; whereas] for the 2012--2013 school year such contact hours shall not exceed one million six hundred sixty-four thousand five hundred thirty-two (1,664,532) hours; whereas for the 2013--2014 school year such contact hours shall not exceed one million six hundred forty-nine thousand seven hundred forty-six (1,649,746) hours; whereas for the 2014--2015 school year such contact hours shall not exceed one million S. 2006 12 A. 3006 [six hundred twenty-five thousand (1,625,000)] SIX HUNDRED EIGHTEEN THOUSAND NINE HUNDRED TWENTY-NINE (1,618,929) hours; WHEREAS FOR THE 2015--2016 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION FOUR HUNDRED FOURTEEN THOUSAND FIVE HUNDRED FOURTEEN (1,414,514) HOURS. Notwithstanding any other provision of law to the contrary, the appor- tionment calculated for the city school district of the city of New York pursuant to subdivision 11 of section 3602 of the education law shall be computed as if such contact hours provided by the consortium for worker education, not to exceed the contact hours set forth herein, were eligi- ble for aid in accordance with the provisions of such subdivision 11 of section 3602 of the education law. S 14. Section 4 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, is amended by adding a new subdivi- sion t to read as follows: T. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2015--2016 SCHOOL YEAR. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($11, 500,000). S 15. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 14 of part A of chapter 56 of the laws of 2014, is amended to read as follows: S 6. This act shall take effect July 1, 1992, and shall be deemed repealed on June 30, [2015] 2016. S 16. Subdivision 1 of section 167 of chapter 169 of the laws of 1994, relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, as amended by section 15 of part A of chapter 56 of the laws of 2014, is amended to read as follows: 1. Sections one through seventy of this act shall be deemed to have been in full force and effect as of April 1, 1994 provided, however, that sections one, two, twenty-four, twenty-five and twenty-seven through seventy of this act shall expire and be deemed repealed on March 31, 2000; provided, however, that section twenty of this act shall apply only to hearings commenced prior to September 1, 1994, and provided further that section twenty-six of this act shall expire and be deemed repealed on March 31, 1997; and provided further that sections four through fourteen, sixteen, and eighteen, nineteen and twenty-one through twenty-one-a of this act shall expire and be deemed repealed on March 31, 1997; and provided further that sections three, fifteen, seventeen, twenty, twenty-two and twenty-three of this act shall expire and be deemed repealed on March 31, [2016] 2017. S 17. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, as amended by section 16 of part A of chapter 56 of the laws of 2014, are amended to read as follows: (22) sections one hundred twelve, one hundred thirteen, one hundred fourteen, one hundred fifteen and one hundred sixteen of this act shall take effect on July 1, 1995; provided, however, that section one hundred S. 2006 13 A. 3006 thirteen of this act shall remain in full force and effect until July 1, [2015] 2016 at which time it shall be deemed repealed; (24) sections one hundred eighteen through one hundred thirty of this act shall be deemed to have been in full force and effect on and after July 1, 1995; provided further, however, that the amendments made pursu- ant to section one hundred twenty-four of this act shall be deemed to be repealed on and after July 1, [2015] 2016; S 18. Section 7 of chapter 472 of the laws of 1998, amending the education law relating to the lease of school buses by school districts, as amended by section 26 of part A of chapter 57 of the laws of 2013, is amended to read as follows: S 7. This act shall take effect September 1, 1998, and shall expire and be deemed repealed September 1, [2015] 2017. S 19. Section 12 of chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, as amended by section 18 of part A of chapter 56 of the laws of 2014, is amended to read as follows: S 12. This act shall take effect on the same date as chapter 180 of the laws of 2000 takes effect, and shall expire July 1, [2015] 2016 when upon such date the provisions of this act shall be deemed repealed. S 20. Section 4 of chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, as amended by section 19 of part A of chapter 56 of the laws of 2014, is amended to read as follows: S 4. This act shall take effect July 1, 2002 and shall expire and be deemed repealed June 30, [2015] 2016. S 21. Section 5 of chapter 101 of the laws of 2003, amending the education law relating to implementation of the No Child Left Behind Act of 2001, as amended by section 20 of part A of chapter 56 of the laws of 2014, is amended to read as follows: S 5. This act shall take effect immediately; provided that sections one, two and three of this act shall expire and be deemed repealed on June 30, [2015] 2016. S 22. School bus driver training. In addition to apportionments other- wise provided by section 3602 of the education law, for aid payable in the 2015-2016 school year, the commissioner of education shall allocate school bus driver training grants to school districts and boards of cooperative educational services pursuant to sections 3650-a, 3650-b and 3650-c of the education law, or for contracts directly with not-for-pro- fit educational organizations for the purposes of this section. Such payments shall not exceed four hundred thousand dollars ($400,000) per school year. S 23. Special apportionment for salary expenses. a. Notwithstanding any other provision of law, upon application to the commissioner of education, not sooner than the first day of the second full business week of June 2016 and not later than the last day of the third full business week of June 2016, a school district eligible for an apportion- ment pursuant to section 3602 of the education law shall be eligible to receive an apportionment pursuant to this section, for the school year ending June 30, 2016, for salary expenses incurred between April 1 and June 30, 2015 and such apportionment shall not exceed the sum of (i) the deficit reduction assessment of 1990--1991 as determined by the commis- sioner of education, pursuant to paragraph f of subdivision 1 of section 3602 of the education law, as in effect through June 30, 1993, plus (ii) S. 2006 14 A. 3006 186 percent of such amount for a city school district in a city with a population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of such amount for a city school district in a city with a population of more than 195,000 inhabitants and less than 219,000 inhabitants accord- ing to the latest federal census, plus (iv) the net gap elimination adjustment for 2010--2011, as determined by the commissioner of educa- tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi- nation adjustment for 2011--2012 as determined by the commissioner of education pursuant to subdivision 17 of section 3602 of the education law, and provided further that such apportionment shall not exceed such salary expenses. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery apportionment payable pursuant to subparagraph (2) of such paragraph followed by the fixed fall payments payable pursuant to subparagraph (4) of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph (1) of such para- graph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. S 24. Special apportionment for public pension accruals. a. Notwith- standing any other provision of law, upon application to the commission- er of education, not later than June 30, 2016, a school district eligi- ble for an apportionment pursuant to section 3602 of the education law shall be eligible to receive an apportionment pursuant to this section, for the school year ending June 30, 2016 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by S. 2006 15 A. 3006 the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery apportionment payable pursuant to subparagraph (2) of such paragraph followed by the fixed fall payments payable pursuant to subparagraph (4) of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph (1) of such para- graph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. S 25. a. Notwithstanding any other law, rule or regulation to the contrary, any moneys appropriated to the state education department may be suballocated to other state departments or agencies, as needed, to accomplish the intent of the specific appropriations contained therein. b. Notwithstanding any other law, rule or regulation to the contrary, moneys appropriated to the state education department from the general fund/aid to localities, local assistance account-001, shall be for payment of financial assistance, as scheduled, net of disallowances, refunds, reimbursement and credits. c. Notwithstanding any other law, rule or regulation to the contrary, all moneys appropriated to the state education department for aid to localities shall be available for payment of aid heretofore or hereafter to accrue and may be suballocated to other departments and agencies to accomplish the intent of the specific appropriations contained therein. d. Notwithstanding any other law, rule or regulation to the contrary, moneys appropriated to the state education department for general support for public schools may be interchanged with any other item of appropriation for general support for public schools within the general S. 2006 16 A. 3006 fund local assistance account office of prekindergarten through grade twelve education programs. S 26. Notwithstanding the provision of any law, rule, or regulation to the contrary, the city school district of the city of Rochester, upon the consent of the board of cooperative educational services of the supervisory district serving its geographic region may purchase from such board for the 2015--2016 school year, as a non-component school district, services required by article 19 of the education law. S 27. The amounts specified in this section shall be a set aside from the state funds which each such district is receiving from the total foundation aid: for the purpose of the development, maintenance or expansion of magnet schools or magnet school programs for the 2015--2016 school year. To the city school district of the city of New York there shall be paid forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars ($500,000) for the Andrew Jackson High School; to the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); to the Rochester city school district, fifteen million dollars ($15,000,000); to the Syracuse city school district, thirteen million dollars ($13,000,000); to the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); to the Newburgh city school district, four million six hundred forty-five thousand dollars ($4,645,000); to the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); to the Mount Vernon city school district, two million dollars ($2,000,000); to the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); to the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); to the Port Chester city school district, one million one hundred fifty thousand dollars ($1,150,000); to the White Plains city school district, nine hundred thousand dollars ($900,000); to the Niagara Falls city school district, six hundred thousand dollars ($600,000); to the Albany city school district, three million five hundred fifty thousand dollars ($3,550,000); to the Utica city school district, two million dollars ($2,000,000); to the Beacon city school district, five hundred sixty-six thousand dollars ($566,000); to the Middletown city school district, four hundred thousand dollars ($400,000); to the Freeport union free school district, four hundred thousand dollars ($400,000); to the Green- burgh central school district, three hundred thousand dollars ($300,000); to the Amsterdam city school district, eight hundred thou- sand dollars ($800,000); to the Peekskill city school district, two hundred thousand dollars ($200,000); and to the Hudson city school district, four hundred thousand dollars ($400,000). Notwithstanding the provisions of this section, a school district receiving a grant pursuant to this section may use such grant funds for: (i) any instructional or instructional support costs associated with the operation of a magnet school; or (ii) any instructional or instructional support costs associ- ated with implementation of an alternative approach to reduction of racial isolation and/or enhancement of the instructional program and raising of standards in elementary and secondary schools of school districts having substantial concentrations of minority students. The commissioner of education shall not be authorized to withhold magnet grant funds from a school district that used such funds in accordance with this paragraph, notwithstanding any inconsistency with a request for proposals issued by such commissioner. For the purpose of attendance improvement and dropout prevention for the 2015--2016 school year, for S. 2006 17 A. 3006 any city school district in a city having a population of more than one million, the setaside for attendance improvement and dropout prevention shall equal the amount set aside in the base year. For the 2015--2016 school year, it is further provided that any city school district in a city having a population of more than one million shall allocate at least one-third of any increase from base year levels in funds set aside pursuant to the requirements of this subdivision to community-based organizations. Any increase required pursuant to this subdivision to community-based organizations must be in addition to allocations provided to community-based organizations in the base year. For the purpose of teacher support for the 2015--2016 school year: to the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); to the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); to the Rochester city school district, one million seven- ty-six thousand dollars ($1,076,000); to the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and to the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion to salaries heretofore or hereafter negotiated or made available; provided, however, that all funds distributed pursuant to this section for the current year shall be deemed to incorporate all funds distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate collective negotiations conducted pursuant to the provisions and procedures of article 14 of the civil service law, notwithstanding the existence of a negotiated agreement between a school district and a certified or recognized employee organization. S 28. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2015 enacting the aid to localities budget shall be apportioned for the 2015-2016 state fiscal year in accordance with the provisions of sections 271, 272, 273, 282, 284, and 285 of the education law as amended by the provisions of this chapter and the provisions of this section, provided that library construction aid pursuant to section 273-a of the educa- tion law shall not be payable from the appropriations for the support of public libraries and provided further that no library, library system or program, as defined by the commissioner of education, shall receive less total system or program aid than it received for the year 2001-2002 except as a result of a reduction adjustment necessary to conform to the appropriations for support of public libraries. Notwithstanding any other provision of law to the contrary the moneys appropriated for the support of public libraries for the year 2015-2016 by a chapter of the laws of 2015 enacting the education, labor and fami- ly assistance budget shall fulfill the state's obligation to provide such aid and, pursuant to a plan developed by the commissioner of educa- tion and approved by the director of the budget, the aid payable to libraries and library systems pursuant to such appropriations shall be reduced proportionately to assure that the total amount of aid payable does not exceed the total appropriations for such purpose. S. 2006 18 A. 3006 S 29. Severability. The provisions of this act shall be severable, and if the application of any clause, sentence, paragraph, subdivision, section or part of this act to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not necessarily affect, impair or invalidate the applica- tion of any such clause, sentence, paragraph, subdivision, section, part of this act or remainder thereof, as the case may be, to any other person or circumstance, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 30. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2015, provided, however, that: 1. Sections one, eight, nine, thirteen, fourteen, twenty-two, twenty- six and twenty-seven of this act shall take effect July 1, 2015. 2. Sections seven and twelve of this act shall take effect April 1, 2014. 3. Section six of this act shall take effect July 1, 2014. 4. Section eleven of this act shall take effect April 1, 2015 and shall first apply to reimbursement for services and programs provided pursuant to section 4410 of the education law in the 2015-16 school year. 5. The amendments to chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by a consortium for worker education in New York City, made by sections thirteen and four- teen of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. 6. Section seventeen of this act shall take effect immediately and shall be deemed to have been in full force and effect on and after the effective date of section 140 of chapter 82 of the laws of 1995. PART B Section 1. Section 355 of the education law is amended by adding a new subdivision 20 to read as follows: 20. NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY, ANY NEW CURRICULUM OR PROGRAM OF STUDY OFFERED BY A FOUR YEAR COLLEGE OR COMMUNITY COLLEGE THAT DOES NOT REQUIRE BOARD OF REGENTS APPROVAL OF A MASTER PLAN AMENDMENT AND THAT IS APPROVED BY THE BOARD OF TRUSTEES SHALL BE DEEMED REGISTERED WITH THE DEPARTMENT. THE BOARD OF TRUSTEES SHALL NOTIFY THE DEPARTMENT WITHIN THIRTY DAYS OF ANY SUCH APPROVALS. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO LIMIT THE DEPARTMENT'S EXISTING AUTHORITY TO ACT ON COMPLAINTS CONCERNING THE INSTITUTION, INCLUDING THE AUTHORITY TO DE-REGISTER THE PROGRAM. S 2. Section 6206 of the education law is amended by adding a new subdivision 18 to read as follows: 18. NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY, ANY NEW CURRICULUM OR PROGRAM OF STUDY OFFERED BY A FOUR YEAR COLLEGE OR COMMUNITY COLLEGE THAT DOES NOT REQUIRE BOARD OF REGENTS APPROVAL OF A MASTER PLAN AMENDMENT AND THAT IS APPROVED BY THE BOARD OF TRUSTEES SHALL BE DEEMED REGISTERED WITH THE DEPARTMENT. THE BOARD OF TRUSTEES SHALL NOTIFY THE DEPARTMENT WITHIN THIRTY DAYS OF ANY SUCH APPROVALS. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO LIMIT THE DEPARTMENT'S EXISTING AUTHORITY TO ACT ON COMPLAINTS CONCERNING THE INSTITUTION, INCLUDING THE AUTHORITY TO DE-REGISTER THE PROGRAM. S. 2006 19 A. 3006 S 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2015. PART C Section 1. The education law is amended by adding a new section 679-g to read as follows: S 679-G. NEW YORK STATE GET ON YOUR FEET LOAN FORGIVENESS PROGRAM. 1. PURPOSE. THE PRESIDENT SHALL GRANT STUDENT LOAN FORGIVENESS AWARDS FOR THE PURPOSE OF ALLEVIATING THE BURDEN OF FEDERAL STUDENT LOAN DEBT FOR RECENT NEW YORK STATE COLLEGE GRADUATES. 2. ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SECTION, AN APPLICANT SHALL: (A) HAVE GRADUATED FROM A HIGH SCHOOL LOCATED IN NEW YORK STATE OR ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA AND RECEIVED SUCH HIGH SCHOOL EQUIVALEN- CY DIPLOMA; (B) HAVE GRADUATED AND OBTAINED AN UNDERGRADUATE DEGREE FROM A COLLEGE OR UNIVERSITY WITH ITS HEADQUARTERS LOCATED IN NEW YORK STATE IN OR AFTER THE TWO THOUSAND FOURTEEN--FIFTEEN ACADEMIC YEAR; (C) APPLY FOR THIS PROGRAM WITHIN TWO YEARS OF COLLEGE GRADUATION; (D) BE A PARTICIPANT IN A FEDERAL INCOME-DRIVEN REPAYMENT PLAN WHOSE PAYMENT AMOUNT IS GENERALLY TEN PERCENT OF DISCRETIONARY INCOME; (E) HAVE INCOME OF LESS THAN FIFTY THOUSAND DOLLARS; (F) BE A RESIDENT OF NEW YORK STATE; AND (G) WORK IN NEW YORK STATE, IF EMPLOYED. FOR PURPOSES OF THIS PROGRAM, "INCOME" SHALL BE THE TOTAL ADJUSTED GROSS INCOME OF THE APPLI- CANT, THE APPLICANT'S SPOUSE AND THE APPLICANT'S PARENTS AS REPORTED ON THE PRIOR YEAR'S FILED NEW YORK STATE INCOME TAX RETURN. 3. AWARDS. AN APPLICANT WHOSE ANNUAL INCOME IS LESS THAN FIFTY THOU- SAND DOLLARS SHALL BE ELIGIBLE TO RECEIVE AN AWARD EQUAL TO ONE HUNDRED PERCENT OF HIS OR HER MONTHLY FEDERAL INCOME-DRIVEN REPAYMENT PLAN PAYMENTS FOR THE FIRST TWO YEARS OF REPAYMENT UNDER THE FEDERAL PROGRAM. 4. RULES AND REGULATIONS. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS NECES- SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2015. PART D Section 1. This act shall be known and may be cited as the "New York state DREAM Act". S 2. Subdivision 3 of section 661 of the education law is REPEALED. S 3. Paragraph a of subdivision 5 of section 661 of the education law, as amended by chapter 466 of the laws of 1977, is amended to read as follows: a. (I) Except as provided in subdivision two of section six hundred seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an applicant for an award at the undergraduate level of study must either [(i)] (A) have been a legal resident of the state for at least one year immediately preceding the beginning of the semester, quarter or term of attendance for which application for assistance is made, or [(ii)] (B) be a legal resident of the state and have been a legal resident during his OR HER last two semesters of high school either prior to graduation, or prior to admission to college. Provided further that persons shall be eligible to receive awards under section six hundred sixty-eight or section six hundred sixty-nine OF THIS PART who are currently legal residents of the state and are otherwise qualified. S. 2006 20 A. 3006 (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED WITHIN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER. PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. S 4. Paragraph b of subdivision 5 of section 661 of the education law, as amended by chapter 466 of the laws of 1977, is amended to read as follows: b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, AN applicant for an award at the graduate level of study must either [(i)] (A) have been a legal resident of the state for at least one year immediately preceding the beginning of the semester, quarter or term of attendance for which application for assistance is made, or [(ii)] (B) be a legal resident of the state and have been a legal resi- dent during his OR HER last academic year of undergraduate study and have continued to be a legal resident until matriculation in the gradu- ate program. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: S. 2006 21 A. 3006 (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED WITHIN TEN YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED THE INSTITU- TION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER. PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. S 5. Paragraph d of subdivision 5 of section 661 of the education law, as amended by chapter 844 of the laws of 1975, is amended to read as follows: d. If an applicant for an award allocated on a geographic basis has more than one residence in this state, his OR HER residence for the purpose of this article shall be his OR HER place of actual residence during the major part of the year while attending school, as determined by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE INSTITUTION OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR PURPOSES OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS. S 6. Paragraph e of subdivision 5 of section 661 of the education law, as added by chapter 630 of the laws of 2005, is amended to read as follows: e. Notwithstanding any other provision of this article to the contra- ry, the New York state [residency] eligibility [requirement] REQUIRE- MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS SUBDIVISION ARE waived for a member, or the spouse or dependent of a member, of the armed forces of the United States on full-time active duty and stationed in this state. S 7. Clauses (i) and (ii) of subparagraph 8 of paragraph h of subdivi- sion 2 of section 355 of the education law, as added by chapter 327 of the laws of 2002, are amended to read as follows: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at] AND ATTENDED an institution or educational S. 2006 22 A. 3006 unit of the state university within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at], EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED an institution or educational unit of the state university within five years of receiving a general equivalency diploma issued within New York state; or S 8. Subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of section 6206 of the education law, as amended by chapter 260 of the laws of 2011, are amended to read as follows: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at] AND ATTENDED an institution or educational unit of the city university within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at], EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED an institution or educational unit of the city university within five years of receiving a general equivalency diploma issued within New York state; or S 8-a. Paragraph (a) of subdivision 7 of section 6206 of the education law, as amended by chapter 327 of the laws of 2002, the opening para- graph as amended by section 2 of part O of chapter 58 of the laws of 2006, is amended to read as follows: (a) The board of trustees shall establish positions, departments, divisions and faculties; appoint and in accordance with the provisions of law fix salaries of instructional and non-instructional employees therein; establish and conduct courses and curricula; prescribe condi- tions of student admission, attendance and discharge; and shall have the power to determine in its discretion whether tuition shall be charged and to regulate tuition charges, and other instructional and non-in- structional fees and other fees and charges at the educational units of the city university. The trustees shall review any proposed community college tuition increase and the justification for such increase. The justification provided by the community college for such increase shall include a detailed analysis of ongoing operating costs, capital, debt service expenditures, and all revenues. The trustees shall not impose a differential tuition charge based upon need or income. All students enrolled in programs leading to like degrees at the senior colleges shall be charged a uniform rate of tuition, except for differential tuition rates based on state residency. The trustees shall further provide that the payment of tuition and fees by any student who is not a resident of New York state, other than a non-immigrant alien within the meaning of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States Code, shall be paid at a rate or charge no greater than that imposed for students who are residents of the state if such student: S. 2006 23 A. 3006 (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at] AND ATTENDED an institution or educational unit of the city university within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at], EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED an institution or educational unit of the city university within five years of receiving a general equivalency diploma issued within New York state; or (iii) was enrolled in an institution or educational unit of the city university in the fall semester or quarter of the two thousand one--two thousand two academic year and was authorized by such institution or educational unit to pay tuition at the rate or charge imposed for students who are residents of the state. A student without lawful immigration status shall also be required to file an affidavit with such institution or educational unit stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligi- ble to do so. The trustees shall not adopt changes in tuition charges prior to the enactment of the annual budget. The board of trustees may accept as partial reimbursement for the education of veterans of the armed forces of the United States who are otherwise qualified such sums as may be authorized by federal legislation to be paid for such educa- tion. The board of trustees may conduct on a fee basis extension courses and courses for adult education appropriate to the field of higher education. In all courses and courses of study it may, in its discretion, require students to pay library, laboratory, locker, break- age and other instructional and non-instructional fees and meet the cost of books and consumable supplies. In addition to the foregoing fees and charges, the board of trustees may impose and collect fees and charges for student government and other student activities and receive and expend them as agent or trustee. S 9. Subdivision 5 of section 6301 of the education law, as amended by chapter 327 of the laws of 2002, is amended to read as follows: 5. "Resident." A person who has resided in the state for a period of at least one year and in the county, city, town, intermediate school district, school district or community college region, as the case may be, for a period of at least six months, both immediately preceding the date of such person's registration in a community college or, for the purposes of section sixty-three hundred five of this article, his or her application for a certificate of residence; provided, however, that this term shall include any student who is not a resident of New York state, other than a non-immigrant alien within the meaning of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States Code, if such student: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at an institution or educational unit of the S. 2006 24 A. 3006 state university] AND ATTENDED A COMMUNITY COLLEGE within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at an institution or educational unit of the state university], EARNED ADMIS- SION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED A COMMUNITY COLLEGE within five years of receiving a general equivalency diploma issued within New York state; or (iii) was enrolled in [an institution or educational unit of the state university] A COMMUNITY COLLEGE in the fall semester or quarter of the two thousand one--two thousand two academic year and was authorized by such [institution or educational unit] COMMUNITY COLLEGE to pay tuition at the rate or charge imposed for students who are residents of the state. Provided, further, that a student without lawful immigration status shall also be required to file an affidavit with such [institution or educational unit] COMMUNITY COLLEGE stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligible to do so. In the event that a person qualified as above for state residence, but has been a resident of two or more counties in the state during the six months immediately preceding his OR HER application for a certificate of residence pursuant to section sixty-three hundred five of this chapter, the charges to the counties of residence shall be allocated among the several counties proportional to the number of months, or major fraction thereof, of residence in each county. S 10. Paragraph d of subdivision 3 of section 6451 of the education law, as amended by chapter 149 of the laws of 1972, is amended to read as follows: d. Any necessary supplemental financial assistance, which may include the cost of books and necessary maintenance for such enrolled students, INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA- GRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided, however, that such supplemental financial assistance shall be furnished pursuant to criteria promulgated by the commissioner with the approval of the director of the budget. S 11. Subparagraph (v) of paragraph a of subdivision 4 of section 6452 of the education law, as added by chapter 917 of the laws of 1970, is amended to read as follows: (v) Any necessary supplemental financial assistance, which may include the cost of books and necessary maintenance for such students, INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided, however, that such supplemental financial assistance shall be furnished pursuant to criteria promulgated by such universities and approved by the regents and the director of the budget. S 12. Paragraph (a) of subdivision 2 of section 6455 of the education law, as added by chapter 285 of the laws of 1986, is amended to read as follows: S. 2006 25 A. 3006 (a) (I) Undergraduate science and technology entry program moneys may be used for tutoring, counseling, remedial and special summer courses, supplemental financial assistance, program administration, and other activities which the commissioner may deem appropriate. To be eligible for undergraduate collegiate science and technology entry program support, a student must be a resident of New York [who is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either economically disadvantaged or from a minority group historically under represented in the scientific, technical, health and health-related professions, and [who demonstrates] MUST DEMONSTRATE interest in and a potential for a professional career if provided special services. Eligi- ble students must be in good academic standing, enrolled full time in an approved, undergraduate level program of study, as defined by the regents. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED WITHIN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER. PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. S 13. Paragraph (a) of subdivision 3 of section 6455 of the education law, as added by chapter 285 of the laws of 1986, is amended to read as follows: (a) (I) Graduate science and technology entry program moneys may be used for recruitment, academic enrichment, career planning, supplemental financial assistance, review for licensing examinations, program admin- S. 2006 26 A. 3006 istration, and other activities which the commissioner may deem appro- priate. To be eligible for graduate collegiate science and technology entry program support, a student must be a resident of New York [who is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either economically disadvantaged or from a minority group historically underrepresented in the scientific, technical and health- related professions. Eligible students must be in good academic stand- ing, enrolled full time in an approved graduate level program, as defined by the regents. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED WITHIN TEN YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED THE INSTITU- TION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGE AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER. PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. S 14. Subparagraph (i) of paragraph a of subdivision 2 of section 695-e of the education law, as amended by chapter 593 of the laws of 2003, is amended to read as follows: (i) the name, address and social security number [or], employer iden- tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA- TION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; S. 2006 27 A. 3006 S 15. Subparagraph (iii) of paragraph a of subdivision 2 of section 695-e of the education law, as amended by chapter 593 of the laws of 2003, is amended to read as follows: (iii) the name, address, and social security number, EMPLOYER IDEN- TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the designated beneficiary, UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and S 16. The president of the higher education services corporation shall establish an application form and procedures that shall allow a student applicant that meets the requirements set forth in subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b of subdivision 5 of section 661 of the education law to apply directly to the higher educa- tion services corporation for applicable awards without having to submit information to any other state or federal agency. All information contained with the applications filed with such corporation shall be deemed confidential, except that the corporation shall be entitled to release information to participating institutions as necessary for the administration of financial aid programs and to the extent required pursuant to article six of the public officers law or otherwise required by law. S 17. The higher education services corporation is authorized to promulgate rules and regulations, and may promulgate emergency regu- lations, necessary for the implementation of the provisions of this act. S 18. This act shall take effect on the ninetieth day after the issu- ance of regulations and the development of an application form by the president of the higher education services corporation or on the nineti- eth day after it shall have become a law, whichever shall be later; provided however, notwithstanding the foregoing, this act shall not take effect unless the legislature enacts, by no later than March 31, 2015, a chapter of law identical to legislation submitted by the Governor pursu- ant to Article VII of the New York Constitution as Part E of legislative bill numbers S. 2006 and A. 3006 relating to an education tax credit program that would make available $100 million in tax credits annually to provide a tax credit incentive to encourage individual and business donations to support public schools' educational improvement programs as well as public and non-public school scholarships for elementary and secondary school students. Provided, that the amendments to paragraph (a) of subdivision 7 of section 6206 of the education law, made by section eight-a of this act, shall take effect upon the expiration and repeal of the amendments to such paragraph made by section 4 of chapter 260 of the laws of 2011 pursuant to section 16 of chapter 260 of the laws of 2011, as amended. Provided further, however, that the amend- ments to subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of section 6206 of the education law made by section eight of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith; provided that the president of the higher education services corporation shall notify the legislative bill drafting commis- sion upon the occurrence of the issuance of regulations and the develop- ment of an application form provided for in this section in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. S. 2006 28 A. 3006 PART E Section 1. Short title. This act shall be known and may be cited as the "education tax credit act". S 2. The education law is amended by adding a new article 25 to read as follows: ARTICLE 25 EDUCATION TAX CREDIT PROGRAM SECTION 1209. SHORT TITLE. 1210. DEFINITIONS. 1211. APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. 1212. APPLICATIONS FOR APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. 1213. APPLICATION APPROVAL FOR CERTIFICATES OF RECEIPTS. 1214. REVOCATION OF APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. 1215. REPORTING AND RECORDKEEPING. 1216. JOINT ANNUAL REPORT. 1217. COMMISSIONER; POWERS. S 1209. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "EDUCATION TAX CREDIT PROGRAM". S 1210. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "AUTHORIZED CONTRIBUTION" MEANS THE CONTRIBUTION AMOUNT THAT IS LISTED ON THE CONTRIBUTION AUTHORIZATION CERTIFICATE ISSUED TO A TAXPAY- ER. 2. "CONTRIBUTION" MEANS A DONATION PAID BY CASH, CHECK, ELECTRONIC FUNDS TRANSFER, DEBIT CARD OR CREDIT CARD THAT IS MADE BY A TAXPAYER DURING THE TAXABLE YEAR. 3. "EDUCATIONAL PROGRAM" MEANS AN ACADEMIC OR SIMILAR PROGRAM OF A PUBLIC SCHOOL THAT ENHANCES THE CURRICULUM OR ACADEMIC PROGRAM OF THE PUBLIC SCHOOL, OR PROVIDES A PRE-KINDERGARTEN PROGRAM TO A PUBLIC SCHOOL. FOR PURPOSES OF THIS DEFINITION, THE INSTRUCTION, MATERIALS, PROGRAMS AND OTHER ACTIVITIES OFFERED BY OR THROUGH AN EDUCATIONAL PROGRAM MAY INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING FEATURES: (A) INSTRUCTION OR MATERIALS PROMOTING HEALTH, PHYSICAL EDUCATION, AND FAMI- LY AND CONSUMER SCIENCES; LITERARY, PERFORMING AND VISUAL ARTS; MATH- EMATICS, SOCIAL STUDIES, TECHNOLOGY AND SCIENTIFIC ACHIEVEMENT; (B) INSTRUCTION OR PROGRAMMING TO MEET THE EDUCATION NEEDS OF AT-RISK STUDENTS OR STUDENTS WITH DISABILITIES, INCLUDING TUTORING OR COUN- SELING; OR (C) THE USE OF SPECIALIZED INSTRUCTIONAL MATERIALS, INSTRUC- TORS OR INSTRUCTION NOT PROVIDED BY A PUBLIC SCHOOL. 4. "EDUCATIONAL SCHOLARSHIP ORGANIZATION" MEANS AN ENTITY THAT: (A) IS EXEMPT FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION (C) OF SECTION FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE; (B) USES AT LEAST NINETY PERCENT OF THE QUALIFIED CONTRIBUTIONS RECEIVED DURING THE CALENDAR YEAR AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS DURING SUCH YEAR FOR SCHOLARSHIPS; (C) PROVIDES MORE THAN FIFTY PERCENT OF ITS SCHOLARSHIPS DURING A CALENDAR YEAR TO ELIGIBLE PUPILS WHO RESIDE IN A HOUSEHOLD THAT HAS AN INCOME NOT TO EXCEED ONE HUNDRED FIFTY PERCENT OF THE INCOME QUALIFICATION REQUIRED FOR THE REDUCED PRICE SCHOOL LUNCHES UNDER THE NATIONAL SCHOOL LUNCH ACT, PROVIDED HOWEVER FOR THE PURPOSES OF AN EDUCATIONAL SCHOLARSHIP ORGANIZATION FULFILLING SUCH REQUIREMENT, AN EDUCATIONAL SCHOLARSHIP ORGANIZATION MAY ENTER INTO AN AGREEMENT WITH ANOTHER EDUCATIONAL SCHOLARSHIP ORGANIZATION OR ORGANIZATIONS TO JOINTLY REPORT THEIR SCHOLARSHIP INFORMATION TO MEET SUCH REQUIREMENT; (D) DEPOSITS AND HOLDS QUALIFIED CONTRIBUTIONS AND ANY INCOME DERIVED FROM S. 2006 29 A. 3006 QUALIFIED CONTRIBUTIONS IN AN ACCOUNT THAT IS SEPARATE FROM THE ORGAN- IZATION'S OPERATING OR OTHER FUNDS UNTIL SUCH QUALIFIED CONTRIBUTIONS OR INCOME ARE WITHDRAWN FOR USE; (E) PROVIDES SCHOLARSHIPS TO ELIGIBLE PUPILS FOR USE AT NOT FEWER THAN THREE QUALIFIED SCHOOLS; AND (F) IS APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTICLE. 5. "ELIGIBLE PUPIL" MEANS A CHILD WHO IS: (A) A RESIDENT OF THIS STATE; (B) OF SCHOOL AGE IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION THIRTY-TWO HUNDRED TWO OF THIS CHAPTER OR WHO IS FOUR YEARS OF AGE ON OR BEFORE DECEMBER FIRST OF THE YEAR IN WHICH SUCH CHILD IS ENROLLED IN A PRE-KINDERGARTEN PROGRAM; (C) ATTENDS OR IS ABOUT TO ATTEND A QUALIFIED SCHOOL; AND (D) RESIDES IN A HOUSEHOLD WHICH HAS A FEDERAL ADJUSTED GROSS INCOME OF TWO HUNDRED FIFTY THOUSAND DOLLARS OR LESS, PROVIDED HOWEVER, FOR HOUSEHOLDS WITH THREE OR MORE DEPENDENT CHILDREN, SUCH INCOME LEVEL SHALL BE INCREASED BY TEN THOUSAND DOLLARS PER DEPENDENT CHILD, NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS. 6. "LOCAL EDUCATION FUND" MEANS A NOT-FOR-PROFIT ENTITY WHICH: (A) IS EXEMPT FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION (C) OF SECTION FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE; (B) IS ESTABLISHED FOR THE PURPOSE OF SUPPORTING AT LEAST ONE PUBLIC SCHOOL OR A PUBLIC SCHOOL DISTRICT LOCATED IN THIS STATE; (C) USES AT LEAST NINETY PERCENT OF THE QUALIFIED CONTRIBUTIONS RECEIVED DURING THE CALENDAR YEAR AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS DURING SUCH MONTHS TO SUPPORT THE PUBLIC SCHOOL OR SCHOOLS OR PUBLIC SCHOOL DISTRICT OR DISTRICTS THAT SUCH FUND HAS BEEN ESTABLISHED TO SUPPORT; (D) DEPOSITS AND HOLDS QUALI- FIED CONTRIBUTIONS AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS IN AN ACCOUNT THAT IS SEPARATE FROM THE FUND'S OPERATING OR OTHER FUNDS UNTIL SUCH QUALIFIED CONTRIBUTIONS OR INCOME ARE WITHDRAWN FOR USE; AND (E) IS APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTI- CLE. 7. "NON-PUBLIC SCHOOL" MEANS ANY NOT-FOR-PROFIT PRE-KINDERGARTEN PROGRAM OR ELEMENTARY OR SECONDARY SECTARIAN OR NONSECTARIAN SCHOOL LOCATED IN THIS STATE, OTHER THAN A PUBLIC SCHOOL, THAT PROVIDES INSTRUCTION AT ONE OR MORE LOCATIONS TO AN ELIGIBLE PUPIL IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION THIRTY-TWO HUNDRED FOUR OF THIS CHAPTER. 8. "PUBLIC EDUCATION ENTITY" MEANS A PUBLIC SCHOOL DISTRICT OR A PUBLIC SCHOOL IN THIS STATE, PROVIDED THAT SUCH PUBLIC SCHOOL DISTRICT OR PUBLIC SCHOOL: (A) DEPOSITS AND HOLDS QUALIFIED CONTRIBUTIONS AND ANY INCOME DERIVED FROM SUCH QUALIFIED CONTRIBUTIONS IN AN ACCOUNT THAT IS SEPARATE FROM THE PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT'S OPERATING OR OTHER FUNDS UNTIL SUCH QUALIFIED CONTRIBUTIONS OR INCOME ARE WITHDRAWN FOR USE; AND (B) IS APPROVED TO RECEIVE AUTHORIZED CONTRIBUTIONS AND ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTICLE. 9. "PUBLIC SCHOOL" MEANS ANY FREE ELEMENTARY OR SECONDARY SCHOOL IN THIS STATE PURSUANT TO ARTICLE ELEVEN OF THE CONSTITUTION, BUT SHALL NOT INCLUDE A CHARTER SCHOOL AUTHORIZED BY ARTICLE FIFTY-SIX OF THIS CHAP- TER. 10. "QUALIFIED CONTRIBUTION" MEANS THE AUTHORIZED CONTRIBUTION MADE BY A TAXPAYER TO A PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZA- TION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION LISTED IN THE CONTRIBUTION AUTHORIZATION CERTIFICATE ISSUED TO THE TAXPAYER FOR WHICH THE TAXPAYER HAS RECEIVED A CERTIFICATE OF RECEIPT FROM SUCH ENTITY, FUND OR ORGANIZATION. A CONTRIBUTION DOES NOT QUALIFY IF THE TAXPAYER DESIGNATES THE TAXPAYER'S CONTRIBUTION TO AN ENTITY OR ORGANIZATION FOR THE DIRECT BENEFIT OF ANY PARTICULAR OR SPECIFIED STUDENT. S. 2006 30 A. 3006 11. "QUALIFIED SCHOOL" MEANS A PUBLIC SCHOOL OR NON-PUBLIC SCHOOL LOCATED IN THIS STATE. 12. "SCHOLARSHIP" MEANS AN EDUCATIONAL SCHOLARSHIP OR TUITION GRANT AWARDED TO AN ELIGIBLE PUPIL TO ATTEND A QUALIFIED SCHOOL IN AN AMOUNT NOT TO EXCEED THE TUITION CHARGED TO ATTEND SUCH SCHOOL LESS ANY OTHER EDUCATIONAL SCHOLARSHIP OR TUITION GRANT RECEIVED BY SUCH ELIGIBLE PUPIL OR HIS OR HER PARENT, PARENTS, LEGAL GUARDIAN, OR LEGAL GUARDIANS FOR SUCH ELIGIBLE PUPIL'S TUITION; PROVIDED, HOWEVER, IN THE CASE OF AN ELIGIBLE PUPIL ATTENDING A PUBLIC SCHOOL OF A DISTRICT OF WHICH SUCH PUPIL IS NOT A RESIDENT, THE AMOUNT OF THE EDUCATIONAL SCHOLARSHIP OR TUITION GRANT AWARDED MAY NOT EXCEED THE TUITION CHARGED BY THE PUBLIC SCHOOL PURSUANT TO PARAGRAPH D OF SUBDIVISION FOUR OF SECTION THIRTY-TWO HUNDRED TWO OF THIS CHAPTER, BUT ONLY IF THE SCHOOL DISTRICT OF WHICH SUCH PUPIL IS A RESIDENT IS NOT REQUIRED TO PAY FOR SUCH TUITION. 13. "SCHOOL IMPROVEMENT ORGANIZATION" MEANS A NOT-FOR-PROFIT ENTITY WHICH: (A) IS EXEMPT FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION (C) OF SECTION FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE; (B) USES AT LEAST NINETY PERCENT OF THE QUALIFIED CONTRIBUTIONS RECEIVED DURING THE CALENDAR YEAR AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS DURING SUCH MONTHS TO ASSIST PUBLIC SCHOOLS OR PUBLIC SCHOOL DISTRICTS LOCATED IN THIS STATE IN THEIR PROVISION OF EDUCATIONAL PROGRAMS, EITHER BY MAKING CONTRIBUTIONS TO ONE OR MORE PUBLIC SCHOOLS OR PUBLIC SCHOOL DISTRICTS LOCATED IN THIS STATE OR PROVIDING EDUCATIONAL PROGRAMS TO, OR IN CONJUNCTION WITH, ONE OR MORE PUBLIC SCHOOLS OR PUBLIC SCHOOL DISTRICTS LOCATED IN THIS STATE; (C) DEPOSITS AND HOLDS QUALIFIED CONTRIBUTIONS AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS IN AN ACCOUNT THAT IS SEPARATE FROM THE ORGANIZATION'S OPERATING OR OTHER FUNDS UNTIL SUCH QUALIFIED CONTRIBUTIONS OR INCOME ARE WITHDRAWN FOR USE; AND (D) IS APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTICLE. SUCH TERM INCLUDES A PRE-KINDERGARTEN PROGRAM OR NOT-FOR- PROFIT ENTITY THAT ALLOWS THE TAXPAYER TO CHOOSE TO DONATE TO A PROGRAM, PROJECT OR INITIATIVE FOR USE IN A PUBLIC SCHOOL. S 1211. APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. 1. PUBLIC SCHOOLS AND PUBLIC SCHOOL DISTRICTS. ALL PUBLIC SCHOOLS AND PUBLIC SCHOOL DISTRICTS SHALL BE APPROVED TO ISSUE CERTIFICATES OF RECEIPT FOR QUALI- FIED CONTRIBUTIONS IN ACCORDANCE WITH SECTION FORTY-TWO OF THE TAX LAW, PROVIDED, THAT SUCH PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT SHALL NOT BE APPROVED IF EITHER: (A) SUCH PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT FAILS TO DEPOSIT AND HOLD QUALIFIED CONTRIBUTIONS AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS IN AN ACCOUNT THAT IS SEPARATE FROM THE SCHOOL OR SCHOOL DISTRICT'S OPERATING OR OTHER FUNDS UNTIL SUCH QUALI- FIED CONTRIBUTIONS OR INCOME ARE WITHDRAWN FOR USE; OR (B) THE COMMIS- SIONER HAS REVOKED SUCH APPROVAL FOR SUCH PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT PURSUANT TO SECTION TWELVE HUNDRED FOURTEEN OF THIS ARTICLE. 2. SCHOOL IMPROVEMENT ORGANIZATIONS, EDUCATIONAL SCHOLARSHIP ORGANIZA- TIONS AND LOCAL EDUCATION FUNDS. NO SCHOOL IMPROVEMENT ORGANIZATION, EDUCATIONAL SCHOLARSHIP ORGANIZATION OR LOCAL EDUCATION FUND SHALL ISSUE ANY CERTIFICATES OF RECEIPT WITHOUT FILING AN APPLICATION PURSUANT TO SECTION TWELVE HUNDRED TWELVE OF THIS ARTICLE AND RECEIVING APPROVAL PURSUANT TO SECTION TWELVE HUNDRED THIRTEEN OF THIS ARTICLE. S 1212. APPLICATIONS FOR APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. EACH SCHOOL IMPROVEMENT ORGANIZATION, EDUCATIONAL SCHOLARSHIP ORGANIZA- TION AND LOCAL EDUCATION FUND SHALL SUBMIT AN APPLICATION TO THE COMMIS- SIONER FOR APPROVAL TO ISSUE CERTIFICATES OF RECEIPT IN THE FORM AND MANNER PRESCRIBED BY THE COMMISSIONER, PROVIDED THAT SUCH APPLICATION SHALL INCLUDE: (A) SUBMISSION OF DOCUMENTATION THAT SUCH SCHOOL IMPROVE- S. 2006 31 A. 3006 MENT ORGANIZATION, LOCAL EDUCATION FUND OR EDUCATIONAL SCHOLARSHIP ORGANIZATION HAS BEEN GRANTED EXEMPTION FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION (C) OF SECTION FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE; (B) A LIST OF NAMES AND ADDRESSES OF ALL MEMBERS OF THE GOVERNING BOARD OF THE SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND OR EDUCATIONAL SCHOLARSHIP ORGANIZATION; AND (C) AN EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL PROVIDE CRITERIA FOR THE AWARDING OF SCHOLARSHIPS TO ELIGIBLE STUDENTS. S 1213. APPLICATION APPROVAL FOR CERTIFICATES OF RECEIPT. 1. IN GENER- AL. THE COMMISSIONER SHALL REVIEW EACH APPLICATION TO ISSUE CERTIF- ICATES OF RECEIPT PURSUANT TO THIS ARTICLE. THE COMMISSIONER SHALL PUBLISH CRITERIA USED TO DETERMINE SELECTION AND ESTABLISH AN APPEALS PROCESS FOR APPLICATIONS THAT ARE NOT APPROVED. 2. NOTIFICATION. APPLICANTS SHALL BE NOTIFIED OF THE COMMISSIONER'S DETERMINATION WITHIN FIVE BUSINESS DAYS OF THE DETERMINATION. S 1214. REVOCATION OF APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF TAXATION AND FINANCE, MAY REVOKE THE APPROVAL OF A SCHOOL IMPROVEMENT ORGANIZATION, EDUCATIONAL SCHOLARSHIP ORGANIZATION, LOCAL EDUCATION FUND, PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT TO ISSUE CERTIFICATES OF RECEIPT UPON A FINDING THAT SUCH ORGANIZATION, FUND, SCHOOL OR SCHOOL DISTRICT HAS VIOLATED THIS ARTICLE OR SECTION FORTY-TWO OF THE TAX LAW. THESE VIOLATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY OF THE FOLLOWING: (A) FAILURE TO MEET THE REQUIREMENTS OF THIS ARTICLE OR SECTION FORTY-TWO OF THE TAX LAW; (B) THE FAILURE TO MAINTAIN FULL AND ADEQUATE RECORDS WITH RESPECT TO THE RECEIPT OF QUALIFIED CONTRIBUTIONS; (C) THE FAILURE TO SUPPLY SUCH RECORDS TO THE COMMISSIONER, DEPARTMENT OF TAXA- TION AND FINANCE, OR THE DEPARTMENT WHEN REQUESTED; OR (D) THE FAILURE TO PROVIDE NOTICE TO THE DEPARTMENT OF TAXATION AND FINANCE OF THE ISSU- ANCE OR NON-ISSUANCE OF CERTIFICATES OF RECEIPT PURSUANT TO SECTION FORTY-TWO OF THE TAX LAW; PROVIDED, HOWEVER, THAT THE COMMISSIONER SHALL NOT REVOKE APPROVAL PURSUANT TO THIS SECTION BASED UPON A VIOLATION OF TAX LAW UNLESS THE COMMISSIONER OF TAXATION AND FINANCE AGREES THAT REVOCATION IS WARRANTED; AND PROVIDED FURTHER THAT THE COMMISSIONER SHALL NOT REVOKE APPROVAL PURSUANT TO THIS SECTION WHEN THE FAILURE TO COMPLY IS DUE TO CLERICAL ERROR AND NOT NEGLIGENCE OR INTENTIONAL DISRE- GARD FOR THE LAW. WITHIN FIVE DAYS OF THE DETERMINATION REVOKING APPROVAL, THE COMMISSIONER SHALL PROVIDE NOTICE OF SUCH REVOCATION TO THE EDUCATIONAL SCHOLARSHIP ORGANIZATION, SCHOOL IMPROVEMENT ORGANIZA- TION, LOCAL EDUCATION FUND, PUBLIC SCHOOL, OR PUBLIC SCHOOL DISTRICT AND TO THE DEPARTMENT OF TAXATION AND FINANCE. THE COMMISSIONER SHALL ESTAB- LISH AN APPEALS PROCESS FOR DETERMINATIONS REVOKING APPROVALS. S 1215. REPORTING AND RECORDKEEPING. 1. REPORTING. EACH EDUCATIONAL SCHOLARSHIP ORGANIZATION, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCA- TION FUND, PUBLIC SCHOOL AND PUBLIC SCHOOL DISTRICT THAT RECEIVES QUALI- FIED CONTRIBUTIONS SHALL REPORT TO THE COMMISSIONER AND THE DEPARTMENT OF TAXATION AND FINANCE BY JANUARY THIRTY-FIRST OF EACH CALENDAR YEAR. SUCH REPORT SHALL BE IN THE FORM AND MANNER PRESCRIBED BY THE COMMIS- SIONER IN CONSULTATION WITH THE COMMISSIONER OF TAXATION AND FINANCE. 2. RECORDKEEPING. EACH EDUCATIONAL SCHOLARSHIP ORGANIZATION, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, PUBLIC SCHOOL AND PUBLIC SCHOOL DISTRICT THAT ISSUED AT LEAST ONE CERTIFICATE OF RECEIPT SHALL MAINTAIN RECORDS INCLUDING: (A) NOTIFICATIONS RECEIVED FROM THE DEPART- MENT OF TAXATION AND FINANCE; (B) NOTIFICATIONS MADE TO THE DEPARTMENT OF TAXATION AND FINANCE; (C) COPIES OF QUALIFIED CONTRIBUTIONS RECEIVED; (D) COPIES OF THE DEPOSIT OF SUCH QUALIFIED CONTRIBUTIONS; (E) COPIES OF S. 2006 32 A. 3006 ISSUED CERTIFICATES OF RECEIPT; (F) ANNUAL FINANCIAL STATEMENTS; (G) IN THE CASE OF SCHOOL IMPROVEMENT ORGANIZATIONS, EDUCATIONAL SCHOLARSHIP ORGANIZATIONS AND LOCAL EDUCATION FUNDS, THE APPLICATION SUBMITTED PURSUANT TO SECTION TWELVE HUNDRED TWELVE OF THIS ARTICLE AND THE APPROVAL ISSUED BY THE COMMISSIONER; AND (H) ANY OTHER INFORMATION PRESCRIBED BY THE COMMISSIONER. SUCH RECORDS SHALL BE MAINTAINED BY THE ENTITY OR ORGANIZATION FOR FIVE YEARS. S 1216. JOINT ANNUAL REPORT. ON OR BEFORE THE LAST DAY OF MAY FOR EACH CALENDAR YEAR, THE COMMISSIONER OF TAXATION AND FINANCE AND THE COMMIS- SIONER, JOINTLY, SHALL SUBMIT A WRITTEN REPORT AS PROVIDED IN SUBDIVI- SION (K) OF SECTION FORTY-TWO OF THE TAX LAW. S 1217. COMMISSIONER; POWERS. THE COMMISSIONER SHALL PROMULGATE ON AN EMERGENCY BASIS REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION. THE COMMISSIONER SHALL MAKE ANY APPLICATION REQUIRED TO BE FILED PURSUANT TO THIS ARTICLE AVAILABLE TO APPLICANTS WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE. S 3. The education law is amended by adding a new section 1503-a to read as follows: S 1503-A. POWER TO ACCEPT AND SOLICIT GIFTS AND DONATIONS. 1. THE TRUSTEES OR BOARDS OF EDUCATION OF ALL SCHOOL DISTRICTS ORGANIZED BY SPECIAL LAWS OR PURSUANT TO THE PROVISIONS OF A GENERAL LAW ARE HEREBY AUTHORIZED AND EMPOWERED TO ACCEPT GIFTS, DONATIONS, AND CONTRIBUTIONS TO THE DISTRICT AND TO SOLICIT THE SAME. 2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY OTHER GENERAL OR SPECIAL LAW TO THE CONTRARY, THE RECEIPT OF SUCH GIFTS, DONATIONS AND CONTRIBUTIONS MADE PURSUANT TO ARTICLE TWENTY-FIVE OF THIS CHAPTER, AND ANY INCOME DERIVED THEREFROM, SHALL BE DISREGARDED FOR THE PURPOSES OF ALL APPORTIONMENTS, COMPUTATIONS, AND DETERMINATIONS OF STATE AID. S 4. The tax law is amended by adding a new section 42 to read as follows: S 42. EDUCATION TAX CREDIT. (A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS HAVE THE SAME DEFINITION AS IN SECTION TWELVE HUNDRED TEN OF THE EDUCATION LAW: "AUTHORIZED CONTRIBUTION", "CONTRIBUTION", "EDUCATIONAL PROGRAM", "EDUCATIONAL SCHOLARSHIP ORGAN- IZATION", "ELIGIBLE PUPIL", "LOCAL EDUCATION FUND", "NON-PUBLIC SCHOOL", "PUBLIC EDUCATION ENTITY", "PUBLIC SCHOOL", "QUALIFIED CONTRIBUTION", "QUALIFIED SCHOOL", "SCHOLARSHIP", AND "SCHOOL IMPROVEMENT ORGANIZA- TION". (B) ALLOWANCE OF CREDIT. A TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAPTER SHALL BE ALLOWED AN EDUCATION TAX CREDIT AGAINST SUCH TAX, PURSUANT TO THE PROVISIONS REFERENCED IN SUBDI- VISION (1) OF THIS SECTION, WITH RESPECT TO QUALIFIED CONTRIBUTIONS MADE DURING THE TAXABLE YEAR. (C) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE THE LESSER OF SEVENTY-FIVE PERCENT OF THE TAXPAYER'S TOTAL QUALIFIED CONTRIBUTIONS OR ONE MILLION DOLLARS. IF THE TAXPAYER IS A PARTNER IN A PARTNERSHIP OR SHAREHOLDER OF A NEW YORK S CORPORATION, THEN THE CAP IMPOSED BY THE PRECEDING SENTENCE SHALL BE APPLIED AT THE ENTITY LEVEL, SO THAT THE AGGREGATE CREDIT ALLOWED TO ALL THE PARTNERS OR SHAREHOLDERS OF EACH SUCH ENTITY IN THE TAXABLE YEAR DOES NOT EXCEED ONE MILLION DOLLARS. (D) INFORMATION TO BE POSTED ON THE DEPARTMENT'S WEBSITE. BEGINNING ON THE SIXTEENTH DAY OF JANUARY OF EACH YEAR, THE COMMISSIONER SHALL MAIN- TAIN ON THE DEPARTMENT'S WEBSITE A RUNNING TOTAL OF THE AMOUNT OF AVAIL- ABLE CREDIT FOR WHICH TAXPAYERS MAY APPLY PURSUANT TO THIS SECTION. ADDITIONALLY, THE COMMISSIONER SHALL MAINTAIN ON THE DEPARTMENT'S S. 2006 33 A. 3006 WEBSITE A LIST OF THE SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO ARTICLE TWENTY-FIVE OF THE EDUCATION LAW. THE COMMISSIONER SHALL ALSO MAINTAIN ON THE DEPARTMENT'S WEBSITE A LIST OF PUBLIC EDUCATION ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS WHOSE APPROVAL TO ISSUE CERTIFICATES OF RECEIPT HAS BEEN REVOKED ALONG WITH THE DATE OF SUCH REVOCATION. (E) APPLICATIONS FOR CONTRIBUTION AUTHORIZATION CERTIFICATES. PRIOR TO MAKING A CONTRIBUTION TO A PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZA- TION, THE TAXPAYER SHALL APPLY TO THE DEPARTMENT FOR A CONTRIBUTION AUTHORIZATION CERTIFICATE FOR SUCH CONTRIBUTION. SUCH APPLICATION SHALL BE IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT MAY ALLOW TAXPAYERS TO MAKE MULTIPLE APPLICATIONS ON THE SAME FORM, PROVIDED THAT EACH CONTRIBUTION LISTED ON SUCH APPLICATION SHALL BE TREATED AS A SEPARATE APPLICATION AND THAT THE DEPARTMENT SHALL ISSUE SEPARATE CONTRIBUTION AUTHORIZATION CERTIFICATES FOR EACH SUCH APPLICA- TION. (F) CONTRIBUTION AUTHORIZATION CERTIFICATES. 1. ISSUANCE OF CERTIF- ICATES. THE COMMISSIONER SHALL ISSUE CONTRIBUTION AUTHORIZATION CERTIF- ICATES IN TWO PHASES. IN PHASE ONE, WHICH BEGINS ON THE FIRST DAY OF JANUARY AND ENDS ON THE FIFTEENTH DAY OF JANUARY, THE COMMISSIONER SHALL ACCEPT APPLICATIONS FOR CONTRIBUTION AUTHORIZATION CERTIFICATES BUT SHALL NOT ISSUE ANY SUCH CERTIFICATES. COMMENCING AFTER THE SIXTEENTH DAY OF JANUARY, THE COMMISSIONER SHALL ISSUE CONTRIBUTION AUTHORIZATION CERTIFICATES FOR APPLICATIONS RECEIVED DURING PHASE ONE, PROVIDED THAT IF THE AGGREGATE TOTAL OF THE CONTRIBUTIONS FOR WHICH APPLICATIONS HAVE BEEN RECEIVED DURING PHASE ONE EXCEEDS THE AMOUNT OF THE CREDIT CAP IN SUBDIVISION (H) OF THIS SECTION, THE AUTHORIZED CONTRIBUTION AMOUNT LISTED ON EACH CONTRIBUTION AUTHORIZATION CERTIFICATE SHALL EQUAL THE PRO-RATA SHARE OF THE CREDIT CAP. IF THE CREDIT CAP IS NOT EXCEEDED, PHASE TWO COMMENCES ON JANUARY SIXTEENTH AND ENDS ON NOVEMBER FIRST. THE COMMISSIONER SHALL ISSUE CONTRIBUTION AUTHORIZATION CERTIFICATES ON A FIRST-COME FIRST SERVE BASIS BASED UPON THE DATE THE DEPARTMENT RECEIVED THE TAXPAYER'S APPLICATION FOR SUCH CERTIFICATE; PROVIDED, HOWEVER, THAT IF ON ANY DAY THE DEPARTMENT RECEIVES APPLICATIONS REQUESTING CONTRIB- UTION AUTHORIZATION CERTIFICATES FOR CONTRIBUTIONS THAT IN THE AGGREGATE EXCEED THE AMOUNT OF THE REMAINING AVAILABLE CREDIT ON SUCH DAY, THE AUTHORIZED CONTRIBUTION AMOUNT LISTED IN EACH CONTRIBUTION AUTHORIZATION CERTIFICATE SHALL BE THE TAXPAYER'S PRO-RATA SHARE OF THE REMAINING AVAILABLE CREDIT. FOR PURPOSES OF DETERMINING A TAXPAYER'S PRO-RATA SHARE OF REMAINING AVAILABLE CREDIT, THE COMMISSIONER SHALL MULTIPLY THE AMOUNT OF REMAINING AVAILABLE CREDIT BY A FRACTION, THE NUMERATOR OF WHICH EQUALS THE TOTAL CONTRIBUTION AMOUNT LISTED ON THE TAXPAYER'S APPLICATION AND THE DENOMINATOR OF WHICH EQUALS THE AGGREGATE AMOUNT OF CONTRIBUTIONS LISTED ON THE APPLICATIONS FOR CONTRIBUTION AUTHORIZATION CERTIFICATES RECEIVED ON SUCH DAY. CONTRIBUTION AUTHORIZATION CERTIF- ICATES FOR APPLICATIONS RECEIVED DURING PHASE ONE SHALL BE MAILED NO LATER THAN THE FIFTH DAY OF FEBRUARY. CONTRIBUTION AUTHORIZATION CERTIF- ICATES FOR APPLICATIONS RECEIVED DURING PHASE TWO SHALL BE MAILED WITHIN TWENTY DAYS OF RECEIPT OF SUCH APPLICATIONS. PROVIDED, HOWEVER, THAT NO CONTRIBUTION AUTHORIZATION CERTIFICATES FOR APPLICATIONS RECEIVED DURING PHASE TWO SHALL BE ISSUED UNTIL ALL OF THE CONTRIBUTION AUTHORIZATION CERTIFICATES FOR APPLICATIONS RECEIVED DURING PHASE ONE HAVE BEEN ISSUED. S. 2006 34 A. 3006 2. CONTRIBUTION AUTHORIZATION CERTIFICATE CONTENTS. EACH CONTRIBUTION AUTHORIZATION CERTIFICATE SHALL STATE: (I) THE DATE SUCH CERTIFICATE WAS ISSUED; (II) THE DATE BY WHICH THE AUTHORIZED CONTRIBUTIONS LISTED IN THE CERTIFICATE MUST BE MADE, WHICH SHALL BE NO LATER THAN NOVEMBER THIRTIETH OF THE YEAR FOR WHICH THE CONTRIBUTION AUTHORIZATION CERTIF- ICATE WAS ISSUED; (III) THE TAXPAYER'S NAME AND ADDRESS; (IV) THE AMOUNT OF AUTHORIZED CONTRIBUTIONS; (V) THE CONTRIBUTION AUTHORIZATION CERTIF- ICATE'S CERTIFICATE NUMBER; (VI) THE NAME AND ADDRESS OF THE PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND OR EDUCATIONAL SCHOLARSHIP ORGANIZATION FOR WHICH THE TAXPAYER MAY MAKE THE AUTHORIZED CONTRIBUTION; AND (VII) ANY OTHER INFORMATION THAT THE COMMISSIONER DEEMS NECESSARY. 3. NOTIFICATION OF THE ISSUANCE OF A CONTRIBUTION AUTHORIZATION CERTIFICATE. UPON ISSUANCE OF A CONTRIBUTION AUTHORIZATION CERTIFICATE, THE COMMISSIONER SHALL NOTIFY THE EDUCATIONAL SCHOLARSHIP ORGANIZATION, PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION OR LOCAL EDUCA- TION FUND OF THE ISSUANCE OF THE CONTRIBUTION AUTHORIZATION CERTIFICATE TO A TAXPAYER. SUCH NOTIFICATION SHALL INCLUDE: (I) THE TAXPAYER'S NAME AND ADDRESS; (II) THE DATE SUCH CERTIFICATE WAS ISSUED; (III) THE DATE BY WHICH THE AUTHORIZED CONTRIBUTION LISTED IN THE NOTIFICATION MUST BE MADE BY THE TAXPAYER; (IV) THE AMOUNT OF THE AUTHORIZED CONTRIBUTION; (V) CONTRIBUTION AUTHORIZATION CERTIFICATE; AND (VI) ANY OTHER INFORMA- TION THAT THE COMMISSIONER DEEMS NECESSARY. (G) CERTIFICATE OF RECEIPT. 1. IN GENERAL. NO PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL ISSUE A CERTIFICATE OF RECEIPT FOR ANY CONTRIBUTION MADE BY A TAXPAYER UNLESS SUCH PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION HAS BEEN APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO ARTICLE TWENTY-FIVE OF THE EDUCATION LAW. NO PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL ISSUE A CERTIFICATE OF RECEIPT FOR A CONTRIBUTION MADE BY A TAXPAYER UNLESS SUCH PUBLIC EDUCA- TION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION HAS RECEIVED NOTICE FROM THE DEPARTMENT THAT THE DEPARTMENT ISSUED A CREDIT AUTHORIZATION CERTIFICATE TO THE TAXPAYER FOR SUCH CONTRIBUTION. 2. TIMELY CONTRIBUTION. IF A TAXPAYER MAKES AN AUTHORIZED CONTRIBUTION TO THE PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SET FORTH ON THE AUTHORIZATION CERTIFICATE ISSUED TO THE TAXPAYER NO LATER THAN THE DATE BY WHICH SUCH AUTHORIZED CONTRIBUTION IS REQUIRED TO BE MADE, SUCH PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCA- TION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL, WITHIN THIRTY DAYS OF RECEIPT OF THE AUTHORIZED CONTRIBUTION, ISSUE TO THE TAXPAYER A WRITTEN CERTIFICATE OF RECEIPT; PROVIDED, HOWEVER, THAT IF THE TAXPAYER CONTRIBUTES AN AMOUNT THAT IS LESS THAN THE AMOUNT LISTED ON THE TAXPAY- ER'S CONTRIBUTION AUTHORIZATION CERTIFICATE, THE TAXPAYER SHALL NOT BE ISSUED A CERTIFICATE OF RECEIPT FOR SUCH CONTRIBUTION. 3. CERTIFICATE OF RECEIPT CONTENTS. EACH CERTIFICATE OF RECEIPT SHALL STATE: (I) THE NAME AND ADDRESS OF THE ISSUING PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION; (II) THE TAXPAYER'S NAME AND ADDRESS; (III) THE DATE FOR EACH CONTRIBUTION; (IV) THE AMOUNT OF EACH CONTRIBUTION AND THE CORRESPONDING CONTRIBUTION AUTHORIZATION CERTIFICATE NUMBER; (V) THE S. 2006 35 A. 3006 TOTAL AMOUNT OF CONTRIBUTIONS; AND (VI) ANY OTHER INFORMATION THAT THE COMMISSIONER DEEMS NECESSARY. 4. NOTIFICATION TO THE DEPARTMENT FOR THE ISSUANCE OF A CERTIFICATE OF RECEIPT. UPON THE ISSUANCE OF A CERTIFICATE OF RECEIPT, THE ISSUING PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCA- TION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL, WITHIN THIRTY DAYS OF ISSUING THE CERTIFICATE OF RECEIPT, PROVIDE THE DEPARTMENT WITH NOTIFICATION OF THE ISSUANCE OF SUCH CERTIFICATE IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT. 5. NOTIFICATION TO THE DEPARTMENT OF THE NON-ISSUANCE OF A CERTIFICATE OF RECEIPT. EACH PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZA- TION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION THAT RECEIVED NOTIFICATION FROM THE DEPARTMENT PURSUANT TO SUBDIVISION (D) OF THIS SECTION REGARDING THE ISSUANCE OF A CONTRIBUTION AUTHORIZATION CERTIFICATE TO A TAXPAYER SHALL, WITHIN THIRTY DAYS OF THE EXPIRATION DATE FOR SUCH AUTHORIZED CONTRIBUTION, PROVIDE NOTIFICATION TO THE DEPARTMENT FOR EACH TAXPAYER THAT FAILED TO MAKE THE AUTHORIZED CONTRIB- UTION TO SUCH PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT. 6. FAILURE TO NOTIFY THE DEPARTMENT. WITHIN THIRTY DAYS OF DISCOVERY OF THE FAILURE OF ANY PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGAN- IZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION TO COMPLY WITH THE NOTIFICATION REQUIREMENTS PRESCRIBED BY PARAGRAPHS FOUR AND FIVE OF THIS SUBDIVISION, THE COMMISSIONER SHALL ISSUE A NOTICE OF COMPLIANCE FAILURE TO SUCH ENTITY, PROGRAM FUND OR ORGANIZATION. SUCH ENTITY, PROGRAM FUND OR ORGANIZATION SHALL HAVE THIRTY DAYS FROM THE DATE OF SUCH NOTICE TO MAKE THE NOTIFICATIONS PRESCRIBED BY PARAGRAPHS FOUR AND FIVE OF THIS SUBDIVISION. SUCH PERIOD MAY BE EXTENDED FOR AN ADDITIONAL THIRTY DAYS UPON THE REQUEST OF THE ENTITY, PROGRAM FUND OR ORGANIZATION. UPON THE EXPIRATION OF THE PERIOD FOR COMPLIANCE SET FORTH IN THE NOTICE PRESCRIBED BY THIS PARAGRAPH, THE COMMISSIONER SHALL NOTI- FY THE COMMISSIONER OF EDUCATION THAT SUCH ENTITY, PROGRAM FUND OR ORGANIZATION FAILED TO MAKE THE NOTIFICATIONS PRESCRIBED BY PARAGRAPHS FOUR AND FIVE OF THIS SUBDIVISION. (H) CREDIT CAP. THE MAXIMUM PERMITTED CREDITS UNDER THIS SECTION AVAILABLE ANNUALLY TO ALL TAXPAYERS FOR QUALIFIED CONTRIBUTIONS FOR CALENDAR YEAR TWO THOUSAND SIXTEEN AND ALL FOLLOWING YEARS SHALL BE ONE HUNDRED MILLION DOLLARS. THE MAXIMUM PERMITTED CREDITS UNDER THIS SECTION FOR QUALIFIED CONTRIBUTIONS SHALL BE ALLOCATED FIFTY PERCENT TO PUBLIC EDUCATION ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS, AND LOCAL EDUCATION FUNDS AND FIFTY PERCENT TO EDUCATIONAL SCHOLARSHIP ORGANIZA- TIONS. (I) ADDITIONS TO THE CREDIT CAP. UNISSUED CERTIFICATES OF RECEIPT. ANY AMOUNTS FOR WHICH THE DEPARTMENT RECEIVES NOTIFICATION OF NON-ISSUANCE OF A CERTIFICATE OF RECEIPT SHALL BE ADDED TO THE CAP PRESCRIBED IN SUBDIVISION (H) OF THIS SECTION FOR THE IMMEDIATELY FOLLOWING YEAR. (J) OTHER REQUIREMENTS; MISCELLANEOUS. 1. RECORD KEEPING. EACH TAXPAY- ER SHALL, FOR EACH TAXABLE YEAR FOR WHICH THE EDUCATION TAX CREDIT PROVIDED FOR UNDER THIS SECTION IS CLAIMED, MAINTAIN RECORDS OF THE FOLLOWING INFORMATION: (I) CONTRIBUTION AUTHORIZATION CERTIFICATES OBTAINED PURSUANT TO SUBDIVISION (F) OF THIS SECTION, AND (II) CERTIF- ICATES OF RECEIPT OBTAINED PURSUANT TO SUBDIVISION (G) OF THIS SECTION. 2. REGULATIONS. THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE AND ADOPT ON AN EMERGENCY BASIS REGULATIONS NECESSARY FOR THE IMPLEMEN- TATION OF THIS SECTION. S. 2006 36 A. 3006 (K) JOINT ANNUAL REPORT. ON OR BEFORE THE LAST DAY OF MAY FOR EACH CALENDAR YEAR, FOR THE IMMEDIATELY PRECEDING YEAR, THE COMMISSIONER AND THE COMMISSIONER OF EDUCATION SHALL JOINTLY SUBMIT A WRITTEN REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE REGARDING THE CREDIT. SUCH REPORT SHALL CONTAIN INFORMATION FOR ARTICLES NINE-A AND TWENTY-TWO OF THIS CHAPTER, RESPECTIVELY, REGARDING: (I) THE NUMBER OF APPLICATIONS RECEIVED; (II) THE NUMBER OF AND AGGREGATE VALUE OF THE CONTRIBUTION AUTHORIZATION CERTIFICATES ISSUED FOR CONTRIBUTIONS TO PUBLIC EDUCATION ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS, AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS, RESPECTIVELY; (III) THE GEOGRAPH- ICAL DISTRIBUTION BY COUNTY, TO THE EXTENT FEASIBLE, OF (A) THE APPLICA- TIONS FOR CONTRIBUTION AUTHORIZATION CERTIFICATES, DISTRIBUTION BY THE COUNTY, TO THE EXTENT FEASIBLE, OF (B) THE PUBLIC EDUCATION ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS, AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS LISTED ON THE ISSUED CONTRIBUTION AUTHORI- ZATION CERTIFICATES; AND (IV) INFORMATION, INCLUDING GEOGRAPHICAL DISTRIBUTION BY COUNTY, TO THE EXTENT FEASIBLE, OF THE NUMBER OF ELIGI- BLE PUPILS THAT RECEIVED SCHOLARSHIPS, THE NUMBER OF QUALIFIED SCHOOLS ATTENDED BY ELIGIBLE PUPILS THAT RECEIVED SUCH SCHOLARSHIPS, AND THE AVERAGE VALUE OF SCHOLARSHIPS RECEIVED BY SUCH ELIGIBLE PUPILS. THE COMMISSIONER AND DESIGNATED EMPLOYEES OF THE DEPARTMENT AND THE COMMIS- SIONER OF EDUCATION AND DESIGNATED EMPLOYEES OF THE DEPARTMENT OF EDUCA- TION SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE INFORMATION REGARDING THE SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS THAT APPLIED FOR APPROVAL TO BE AUTHORIZED TO RECEIVE QUALIFIED CONTRIBUTIONS; AND THE PUBLIC EDUCA- TION ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS, AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS AUTHORIZED TO ISSUE CERTIF- ICATES OF RECEIPT, INCLUDING INFORMATION CONTAINED IN OR DERIVED FROM APPLICATION FORMS AND REPORTS SUBMITTED TO THE DEPARTMENT OF EDUCATION OR THE COMMISSIONER OF EDUCATION. (L) CROSS REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER: (1) ARTICLE 9-A: SECTION 210-B; SUBDIVISION 50; (2) ARTICLE 22: SECTION 606, SUBSECTION (CCC); S 5. Paragraph (b) of subdivision 9 of section 208 of the tax law is amended by adding a new subparagraph 22 to read as follows: (22) THE AMOUNT OF ANY FEDERAL DEDUCTION FOR CHARITABLE CONTRIBUTIONS ALLOWED UNDER SECTION ONE HUNDRED SEVENTY OF THE INTERNAL REVENUE CODE TO THE EXTENT SUCH CONTRIBUTIONS ARE USED AS THE BASIS OF THE CALCU- LATION OF THE EDUCATION TAX CREDIT ALLOWED UNDER SUBDIVISION FIFTY OF SECTION TWO HUNDRED TEN-B OF THIS ARTICLE. S 6. Section 210-B of the tax law is amended by adding a new subdivi- sion 50 to read as follows: 50. EDUCATION TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION FORTY-TWO OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE. (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR THAT YEAR TO LESS THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. IF THE AMOUNT OF CREDIT ALLOW- ABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX ON THE FIXED DOLLAR MINIMUM THE EXCESS ALLOWED FOR A TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOW- S. 2006 37 A. 3006 ING YEAR OR YEARS FOR UP TO FIVE YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS. S 7. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law is amended by adding a new clause (xli) to read as follows: (XLI) EDUCATION TAX CREDIT AMOUNT OF CREDIT UNDER UNDER SUBSECTION (CCC) SUBDIVISION FIFTY OF SECTION TWO HUNDRED TEN-B S 8. Section 606 of the tax law is amended by adding a new subsection (ccc) to read as follows: (CCC) EDUCATION TAX CREDIT. ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT TO BE COMPUTED AS PROVIDED IN SECTION FORTY-TWO OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE. IF THE AMOUNT OF CRED- IT ALLOWABLE UNDER THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS ALLOWED FOR A TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS FOR UP TO FIVE YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS. S 9. Subsection (g) of section 615 of the tax law is amended by adding a new paragraph 3 to read as follows: (3) WITH RESPECT TO AN INDIVIDUAL WHO HAS CLAIMED THE EDUCATION TAX CREDIT FOR QUALIFIED CONTRIBUTIONS PURSUANT TO SUBDIVISION (CCC) OF SECTION SIX HUNDRED SIX OF THIS ARTICLE, THE TAXPAYER'S NEW YORK ITEM- IZED DEDUCTION SHALL BE REDUCED BY ANY CHARITABLE CONTRIBUTION DEDUCTION ALLOWED UNDER SECTION ONE HUNDRED SEVENTY OF THE INTERNAL REVENUE CODE WITH RESPECT TO SUCH QUALIFIED CONTRIBUTIONS. S 10. Severability. If any provision of this section or the applica- tion thereof to any person or circumstances is held invalid, such inva- lidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be sever- able. S 11. This act shall take effect immediately and shall apply to taxa- ble years beginning on or after January 1, 2016; provided however, notwithstanding the foregoing, this act shall not take effect unless the legislature enacts, by no later than March 31, 2015, a chapter of law identical to legislation submitted by the Governor pursuant to Article VII of the New York Constitution as Part D of legislative bill numbers S.2006 and A.3006 relating to the establishment by the president of the higher education services corporation of an application form and proce- dures that shall allow a student applicant that meets the requirements set forth in subparagraph (ii) of paragraph (a) or subparagraph (ii) of paragraph b of subdivision 5 of section 661 of the education law to apply directly to the higher education services corporation for applica- ble awards without having to submit information to any other state or federal agency. PART F Section 1. The banking law is amended by adding a new section 9-w to read as follows: S 9-W. STANDARD FINANCIAL AID AWARD LETTER. THE SUPERINTENDENT OF FINANCIAL SERVICES IN CONSULTATION WITH THE PRESIDENT OF THE HIGHER EDUCATION SERVICES CORPORATION SHALL DEVELOP A STANDARD FINANCIAL AID AWARD LETTER WHICH SHALL CLEARLY DELINEATE (A) THE ESTIMATED COST OF ATTENDANCE, (B) ALL FINANCIAL AID OFFERED, WITH AN EXPLANATION AS TO S. 2006 38 A. 3006 WHICH COMPONENTS WILL REQUIRE REPAYMENT, (C) ANY EXPECTED STUDENT AND/OR FAMILY CONTRIBUTION, (D) CAMPUS-SPECIFIC GRADUATION, MEDIAN BORROWING, AND LOAN DEFAULT RATES, AND (E) ANY OTHER INFORMATION AS DETERMINED BY THE SUPERINTENDENT IN CONSULTATION WITH THE PRESIDENT. THE SUPERINTEN- DENT SHALL PUBLISH AND MAKE AVAILABLE SUCH STANDARD LETTER BY DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN AND THEREAFTER. EACH COLLEGE, VOCA- TIONAL INSTITUTION, AND ANY OTHER INSTITUTION THAT OFFERS AN APPROVED PROGRAM AS DEFINED IN SECTION SIX HUNDRED ONE OF THE EDUCATION LAW SHALL UTILIZE THE STANDARD LETTER ISSUED BY THE DEPARTMENT OF FINANCIAL SERVICES IN RESPONDING TO ALL FINANCIAL AID APPLICANTS FOR THE TWO THOU- SAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR AND THEREAFTER. THE SUPERINTENDENT SHALL PROMULGATE REGULATIONS IMPLEMENTING THIS SECTION. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2015. PART G Section 1. Section 7408 of the education law is amended by adding a new subdivision 6 to read as follows: 6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FIRM ESTABLISHED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY PURSUANT TO ARTI- CLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLES ONE AND EIGHT-B OF THE PARTNERSHIP LAW, OR ARTICLES TWELVE AND THIRTEEN OF THE LIMITED LIABILITY COMPANY LAW SHALL BE DEEMED AUTHORIZED TO REGISTER PURSUANT TO THIS SECTION. S 2. Section 1503 of the business corporation law is amended by adding a new paragraph (h) to read as follows: (H) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN- SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID- UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, A FIRM INCORPORATED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPO- RATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIF- S. 2006 39 A. 3006 ICATE OF INCORPORATION A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION. S 3. Section 1507 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE AND WHO ARE OR HAVE BEEN ENGAGED IN THE PRACTICE OF SUCH PROFESSION IN SUCH CORPORATION OR A PREDECESSOR ENTITY, OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES- SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT: (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS. NO SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR- PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL ENTER INTO A VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME CORPORATION, THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL OF HIS OR HER SHARES. ALL SHARES ISSUED, AGREEMENTS MADE OR PROXIES GRANTED IN VIOLATION OF THIS SECTION SHALL BE VOID. S 4. Section 1508 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI- NESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI- CLE MAY INCLUDE INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI- CER OR OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF THEIR PROFESSIONS IN SUCH CORPORATION. S 5. Section 1509 of the business corporation law, as amended by chap- ter 550 of the laws of 2011, is amended to read as follows: S 1509. Disqualification of shareholders, directors, officers and employees. If any shareholder, director, officer or employee of a professional service corporation, including a design professional service corpo- ration, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORAT- ING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, who has been rendering professional service to the public becomes legally disqualified to prac- tice his profession within this state, he shall sever all employment S. 2006 40 A. 3006 with, and financial interests (other than interests as a creditor) in, such corporation forthwith or as otherwise provided in section 1510 of this article. All provisions of law regulating the rendering of profes- sional services by a person elected or appointed to a public office shall be applicable to a shareholder, director, officer and employee of such corporation in the same manner and to the same extent as if fully set forth herein. Such legal disqualification to practice his profession within this state shall be deemed to constitute an irrevocable offer by the disqualified shareholder to sell his shares to the corporation, pursuant to the provisions of section 1510 of this article or of the certificate of incorporation, by-laws or agreement among the corporation and all shareholders, whichever is applicable. Compliance with the terms of such offer shall be specifically enforceable in the courts of this state. A professional service corporation's failure to enforce compli- ance with this provision shall constitute a ground for forfeiture of its certificate of incorporation and its dissolution. S 6. Paragraph (a) of section 1511 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended and new paragraph (c) is added to read as follows: (a) No shareholder of a professional service corporation [or], INCLUD- ING a design professional service corporation, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may sell or transfer his shares in such corporation except to another individual who is eligible to have shares issued to him by such corporation or except in trust to another individual who would be eligible to receive shares if he were employed by the corpo- ration. Nothing herein contained shall be construed to prohibit the transfer of shares by operation of law or by court decree. No transfer- ee of shares by operation of law or court decree may vote the shares for any purpose whatsoever except with respect to corporate action under sections 909 and 1001 of this chapter. The restriction in the preceding sentence shall not apply, however, where such transferee would be eligi- ble to have shares issued to him if he were an employee of the corpo- ration and, if there are other shareholders, a majority of such other shareholders shall fail to redeem the shares so transferred, pursuant to section 1510 of this article, within sixty days of receiving written notice of such transfer. Any sale or transfer, except by operation of law or court decree or except for a corporation having only one share- holder, may be made only after the same shall have been approved by the board of directors, or at a shareholders' meeting specially called for such purpose by such proportion, not less than a majority, of the outstanding shares as may be provided in the certificate of incorpo- ration or in the by-laws of such professional service corporation. At such shareholders' meeting the shares held by the shareholder proposing to sell or transfer his shares may not be voted or counted for any purpose, unless all shareholders consent that such shares be voted or counted. The certificate of incorporation or the by-laws of the profes- sional service corporation, or the professional service corporation and the shareholders by private agreement, may provide, in lieu of or in addition to the foregoing provisions, for the alienation of shares and may require the redemption or purchase of such shares by such corpo- ration at prices and in a manner specifically set forth therein. The existence of the restrictions on the sale or transfer of shares, as contained in this article and, if applicable, in the certificate of incorporation, by-laws, stock purchase or stock redemption agreement, S. 2006 41 A. 3006 shall be noted conspicuously on the face or back of every certificate for shares issued by a professional service corporation. Any sale or transfer in violation of such restrictions shall be void. (C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION. A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE OR REDEEM THE SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE- HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER SUCH TERMINATION, ARE SOLD OR TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO THIS ARTICLE. S 7. Paragraph (a) of section 1512 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended to read as follows: (a) Notwithstanding any other provision of law, the name of a profes- sional service corporation, including a design professional service corporation AND ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR- PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may contain any word which, at the time of incorporation, could be used in the name of a partnership practicing a profession which the corporation is authorized to practice, and may not contain any word which could not be used by such a partnership. Provided, however, the name of a professional service corporation may not contain the name of a deceased person unless (1) such person's name was part of the corporate name at the time of such person's death; or (2) such person's name was part of the name of an existing partnership and at least two-thirds of such partnership's partners become sharehold- ers of the corporation. S 8. Section 1514 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE YEARS ON OR BEFORE THE DATE PRESCRIBED BY THE LICENSING AUTHORITY, FURNISH A STATEMENT TO THE LICENSING AUTHORITY LISTING THE NAMES AND RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH CORPORATION AND CERTIFY AS THE DATE OF CERTIFICATION AND AT ALL TIMES OVER THE ENTIRE THREE YEAR PERIOD THAT: (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AND WERE CERTIFIED PUBLIC ACCOUNTANTS. THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC ACCOUNTANT VICE-PRESIDENT AND ATTESTED TO BY THE SECRETARY OR ANY ASSISTANT SECRETARY OF THE CORPORATION. S. 2006 42 A. 3006 S 9. Paragraph (d) of section 1525 of the business corporation law, as added by chapter 505 of the laws of 1983, is amended to read as follows: (d) "Foreign professional service corporation" means a professional service corporation, whether or not denominated as such, organized under the laws of a jurisdiction other than this state, all of the sharehold- ers, directors and officers of which are authorized and licensed to practice the profession for which such corporation is licensed to do business; except that all shareholders, directors and officers of a foreign professional service corporation which provides health services in this state shall be licensed in this state. NOTWITHSTANDING ANY OTHER PROVISION OF LAW A FOREIGN PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITH- STANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTI- FIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 10. The fourteenth undesignated paragraph of section 2 of the part- nership law, as added by chapter 576 of the laws of 1994, is amended to read as follows: "Professional partnership" means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership with- out limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a profes- sional service within this state; except that all partners of a profes- sional partnership that provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medi- cine in this state and all partners of a professional partnership that provides dental services in this state must be licensed pursuant to article 133 of the education law to practice dentistry in this state; [and further] except that all partners of a professional partnership S. 2006 43 A. 3006 that provides professional engineering, land surveying, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state; AND FURTHER EXCEPT THAT ALL PARTNERS OF A PROFESSIONAL PARTNERSHIP THAT PROVIDES PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDE PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA- TION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC- IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 10-a. The fourteenth undesignated paragraph of section 2 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: "Professional partnership" means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership with- out limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a profes- sional service within this state; except that all partners of a profes- sional partnership that provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medi- cine in this state and all partners of a professional partnership that provides dental services in this state must be licensed pursuant to article 133 of the education law to practice dentistry in this state; [and further] except that all partners of a professional partnership that provides professional engineering, land surveying, geologic, archi- tectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the S. 2006 44 A. 3006 education law to practice one or more of such professions in this state; AND FURTHER EXCEPT THAT ALL PARTNERS OF A PROFESSIONAL PARTNERSHIP THAT PROVIDES PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDE PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA- TION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC- IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 11. Subdivision (q) of section 121-1500 of the partnership law, as amended by chapter 554 of the laws of 2013, is amended to read as follows: (q) Each partner of a registered limited liability partnership formed to provide medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in this state and each partner of a registered limited liability partnership formed to provide dental services in this state must be licensed pursuant to arti- cle 133 of the education law to practice dentistry in this state. Each partner of a registered limited liability partnership formed to provide veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil- ity partnership formed to provide professional engineering, land survey- ing, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. Each partner of a registered limited liability partnership formed to provide licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice clin- S. 2006 45 A. 3006 ical social work in this state. Each partner of a registered limited liability partnership formed to provide creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a registered limited liability partnership formed to provide marriage and family therapy services in this state must be licensed pursuant to arti- cle 163 of the education law to practice marriage and family therapy in this state. Each partner of a registered limited liability partnership formed to provide mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a registered limited liability partnership formed to provide psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a regis- tered limited liability partnership formed to provide applied behavior analysis service in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA- TION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC- IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 11-a. Subdivision (q) of section 121-1500 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a registered limited liability partnership formed to provide medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in this state and each partner of a registered limited liability partnership formed to provide dental services in this state must be licensed pursuant to arti- cle 133 of the education law to practice dentistry in this state. Each partner of a registered limited liability partnership formed to provide veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. S. 2006 46 A. 3006 EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil- ity partnership formed to provide professional engineering, land survey- ing, geological services, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. Each partner of a registered limited liability partnership formed to provide licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice clinical social work in this state. Each part- ner of a registered limited liability partnership formed to provide creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a registered limited liability partnership formed to provide marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. Each partner of a regis- tered limited liability partnership formed to provide mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a registered limited liability partnership formed to provide psychoanalysis services in this state must be licensed pursu- ant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a registered limited liability partnership formed to provide applied behavior analysis service in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN- SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID- UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LI- CENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGAT- ED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FORE- GOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNT- ANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPO- RATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS S. 2006 47 A. 3006 OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 12. Subdivision (q) of section 121-1502 of the partnership law, as amended by chapter 554 of the laws of 2013, is amended to read as follows: (q) Each partner of a foreign limited liability partnership which provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in the state and each partner of a foreign limited liability partnership which provides dental services in the state must be licensed pursuant to article 133 of the education law to practice dentistry in this state. Each partner of a foreign limited liability partnership which provides veterinary service in the state shall be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. Each partner of a foreign limited liability partnership which provides professional engi- neering, land surveying, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. EACH PARTNER OF A FOREIGN REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCI- PAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUN- TANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCA- TION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a foreign limited liability partnership which provides licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. Each partner of a foreign limited liability partnership which provides creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice crea- tive arts therapy in this state. Each partner of a foreign limited liability partnership which provides marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. Each partner of a foreign limited liability partnership which provides mental health counseling services in this state must be licensed pursu- ant to article 163 of the education law to practice mental health coun- seling in this state. Each partner of a foreign limited liability part- nership which provides psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a foreign limited liabil- ity partnership which provides applied behavior analysis services in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUN- TANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS S. 2006 48 A. 3006 MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN- TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 12-a. Subdivision (q) of section 121-1502 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a foreign limited liability partnership which provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in the state and each partner of a foreign limited liability partnership which provides dental services in the state must be licensed pursuant to article 133 of the education law to practice dentistry in this state. Each partner of a foreign limited liability partnership which provides veterinary service in the state shall be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. Each part- ner of a foreign limited liability partnership which provides profes- sional engineering, land surveying, geological services, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. EACH PARTNER OF A FOREIGN REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a foreign limited liability partnership which provides licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. Each partner of a foreign limited liability partnership which provides creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a foreign limited liability partnership which provides marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. Each partner of a foreign limited liabil- ity partnership which provides mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a foreign limited liability partnership which provides psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a foreign limited liability partnership which provides applied behavior analysis services in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analy- sis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN S. 2006 49 A. 3006 LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCA- TION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 13. Subdivision (h) of section 121-101 of the partnership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (h) "Limited partnership" and "domestic limited partnership" mean, unless the context otherwise requires, a partnership (i) formed by two or more persons pursuant to this article or which complies with subdivi- sion (a) of section 121-1202 of this article and (ii) having one or more general partners and one or more limited partners. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART- NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN- TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN S. 2006 50 A. 3006 THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 14. Subdivision (b) of section 1207 of the limited liability company law, as amended by chapter 554 of the laws of 2013, is amended to read as follows: (b) With respect to a professional service limited liability company formed to provide medical services as such services are defined in arti- cle 131 of the education law, each member of such limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a professional service limited liability company formed to provide dental services as such services are defined in article 133 of the education law, each member of such limited liability company must be licensed pursuant to article 133 of the education law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterinary services as such services are defined in article 135 of the education law, each member of such limited liability company must be licensed pursuant to article 135 of the education law to practice veter- inary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architectural and/or landscape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTI- CLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the education law, each member of such limited liability company shall be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. With respect to a professional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the educa- tion law to practice creative arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a professional service limited liability company formed to provide psychoanalysis services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed S. 2006 51 A. 3006 pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a professional service limited liability company formed to provide applied behavior analysis services as such services are defined in article 167 of the education law, each member of such limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF ARTICLE 149 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNT- ANTS LICENSED UNDER SECTION 7405 OF ARTICLE 149 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN- TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 14-a. Subdivision (b) of section 1207 of the limited liability company law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (b) With respect to a professional service limited liability company formed to provide medical services as such services are defined in arti- cle 131 of the education law, each member of such limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a professional service limited liability company formed to provide dental services as such services are defined in article 133 of the education law, each member of such limited liability company must be licensed pursuant to article 133 of the education law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterinary services as such services are defined in article 135 of the education law, each member of such limited liability company must be licensed pursuant to article 135 of the education law to practice veter- inary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architectural, landscape architectural and/or geological services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such limited liability company must be licensed pursuant to article 145, article 147 and/or S. 2006 52 A. 3006 article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the educa- tion law, each member of such limited liability company shall be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. With respect to a profes- sional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice crea- tive arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a professional service limited liability company formed to provide psychoanalysis services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a professional service limited liability company formed to provide applied behavior analysis services as such services are defined in article 167 of the education law, each member of such limited liabil- ity company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF ARTICLE 149 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF ARTICLE 149 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN- TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM S. 2006 53 A. 3006 THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 15. Subdivisions (a) and (f) of section 1301 of the limited liabil- ity company law, subdivision (a) as amended by chapter 554 of the laws of 2013 and subdivision (f) as amended by chapter 170 of the laws of 1996, are amended to read as follows: (a) "Foreign professional service limited liability company" means a professional service limited liability company, whether or not denomi- nated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a profes- sional authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the profes- sional service limited liability company within thirty days of the date such professional becomes a member, or each of whose members and manag- ers, if any, is a professional at least one of such members is author- ized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or (ii) authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to, the education law to render a professional service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. With respect to a foreign professional service limited liability company which provides veterinary services as such services are defined in arti- cle 135 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 135 of the education law to practice veterinary medicine. With respect to a foreign professional service limited liability company which provides medical services as such services are defined in article 131 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a foreign professional service limited liability company which provides dental services as such services are defined in article 133 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 133 of the educa- tion law to practice dentistry in this state. With respect to a foreign professional service limited liability company which provides profes- sional engineering, land surveying, architectural and/or landscape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education S. 2006 54 A. 3006 law to practice one or more of such professions in this state. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes- sional service limited liability company which provides licensed clin- ical social work services as such services are defined in article 154 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 154 of the education law to practice clinical social work in this state. With respect to a foreign professional service limited liability company which provides creative arts therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. With respect to a foreign professional service limited liability company which provides marriage and family therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. With respect to a foreign professional service limited liability company which provides mental health counseling services as such services are defined in arti- cle 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a foreign professional service limited liability company which provides psychoanalysis services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a foreign professional service limited liability company which provides applied behavior analysis services as such services are defined in article 167 of the education law, each member of such foreign professional service limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE S. 2006 55 A. 3006 FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. (f) "Professional partnership" means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership with- out limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a profes- sional service within this state; except that all partners of a profes- sional partnership that provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medi- cine in this state and all partners of a professional partnership that provides dental services in this state must be licensed pursuant to article 133 of the education law to practice dentistry in this state; except that all partners of a professional partnership that provides veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state; and further except that all partners of a professional partnership that provides professional engineering, land surveying, architectural, and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. WITH RESPECT TO A PROFESSIONAL PARTNERSHIP WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUN- TANCY. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL PART- NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFESSIONAL PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT S. 2006 56 A. 3006 IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 15-a. Subdivisions (a) and (f) of section 1301 of the limited liability company law, as amended by chapter 475 of the laws of 2014, are amended to read as follows: (a) "Foreign professional service limited liability company" means a professional service limited liability company, whether or not denomi- nated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a profes- sional authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the profes- sional service limited liability company within thirty days of the date such professional becomes a member, or each of whose members and manag- ers, if any, is a professional at least one of such members is author- ized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or (ii) authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to, the education law to render a professional service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. With respect to a foreign professional service limited liability company which provides veterinary services as such services are defined in arti- cle 135 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 135 of the education law to practice veterinary medicine. With respect to a foreign professional service limited liability company which provides medical services as such services are defined in article 131 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a foreign professional service limited liability company which provides dental services as such services are defined in article 133 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 133 of the educa- tion law to practice dentistry in this state. With respect to a foreign professional service limited liability company which provides profes- sional engineering, land surveying, geologic, architectural and/or land- scape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. S. 2006 57 A. 3006 WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes- sional service limited liability company which provides licensed clin- ical social work services as such services are defined in article 154 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 154 of the education law to practice clinical social work in this state. With respect to a foreign professional service limited liability company which provides creative arts therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. With respect to a foreign professional service limited liability company which provides marriage and family therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. With respect to a foreign professional service limited liability company which provides mental health counseling services as such services are defined in arti- cle 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a foreign professional service limited liability company which provides psychoanalysis services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a foreign professional service limited liability company which provides applied behavior analysis services as such services are defined in article 167 of the education law, each member of such foreign professional service limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- S. 2006 58 A. 3006 FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. (f) "Professional partnership" means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership with- out limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a profes- sional service within this state; except that all partners of a profes- sional partnership that provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medi- cine in this state and all partners of a professional partnership that provides dental services in this state must be licensed pursuant to article 133 of the education law to practice dentistry in this state; except that all partners of a professional partnership that provides veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state; and further except that all partners of a professional partnership that provides professional engineering, land surveying, geologic, architec- tural, and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. WITH RESPECT TO A PROFESSIONAL PARTNERSHIP WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- TICE PUBLIC ACCOUNTANCY. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES- SIONAL PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN- TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO S. 2006 59 A. 3006 ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 16. This act shall take effect immediately; provided, however, that sections ten-a, eleven-a, twelve-a, fourteen-a and fifteen-a of this act shall take effect on the same date as sections 25, 26, 27, 22, and 23, respectively, of chapter 475 of the laws of 2014 take effect. PART H Section 1. The education law is amended by adding a new article 129-B to read as follows: ARTICLE 129-B IMPLEMENTATION BY COLLEGES AND UNIVERSITIES OF SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE, AND STALKING PREVENTION AND RESPONSE POLICIES AND PROCEDURES SECTION 6439. GENERAL PROVISIONS. 6440. DEFINITION OF AFFIRMATIVE CONSENT TO SEXUAL ACTIVITY. 6441. POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY IN SEXUAL VIOLENCE CASES. 6442. VICTIM AND SURVIVOR BILL OF RIGHTS. 6443 RESPONSE TO REPORTS. 6444. CAMPUS CLIMATE ASSESSMENTS. 6445. OPTIONS FOR CONFIDENTIAL DISCLOSURE. 6446. STUDENT ONBOARDING AND ONGOING EDUCATION. 6447. PRIVACY IN LEGAL CHALLENGES TO CONDUCT FINDINGS. S 6439. GENERAL PROVISIONS. 1. THE TRUSTEES OR OTHER GOVERNING BOARD OF EACH COLLEGE AND UNIVERSITY CHARTERED BY THE REGENTS OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE AND WHICH MAINTAINS A CAMPUS, UNLESS OTHERWISE PROVIDED, SHALL ADOPT WRITTEN RULES FOR IMPLEMENTING ALL POLI- CIES REQUIRED PURSUANT TO THIS ARTICLE AND FOR THE MAINTENANCE OF PUBLIC ORDER ON COLLEGE CAMPUSES AND OTHER COLLEGE PROPERTY USED FOR EDUCA- TIONAL PURPOSES AND PROVIDE A PROGRAM FOR THE ENFORCEMENT THEREOF. SUCH POLICIES SHALL ALSO APPLY TO CONDUCT THAT HAS A NEXUS TO A COLLEGE OR UNIVERSITY PROGRAM AND/OR TAKES PLACE OUTSIDE OF A COLLEGE OR UNIVERSITY PROPERTY BUT IS IN VIOLATION OF FEDERAL, STATE OR LOCAL LAW. 2. SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE AND STALKING AFFECT THOUSANDS OF COLLEGE AND UNIVERSITY STUDENTS IN NEW YORK STATE AND ACROSS THE NATION. IN ADDITION TO THE TRAUMA CAUSED BY SUCH VIOLENCE, MANY VICTIMS AND SURVIVORS DROP OUT OF SCHOOL, EXPERIENCE DIFFICULTY WORKING, AND SEE PROMISING OPPORTUNITIES CUT SHORT. WHILE IT IS NOT JUST COLLEGE OR UNIVERSITY STUDENTS THAT EXPERIENCE THESE CRIMES, THESE INSTITUTIONS HAVE UNIQUE OPPORTUNITIES TO EDUCATE MEMBERS OF THE COLLEGE COMMUNITY ABOUT THESE CRIMES AND INCIDENTS SO THAT WE CAN BETTER SAFEGUARD STUDENTS. THEREFORE, EACH COLLEGE AND UNIVERSITY MUST DEVELOP AND IMPLEMENT THE POLICIES REQUIRED PURSUANT TO THIS ARTICLE. 3. EACH COLLEGE AND UNIVERSITY SHALL ANNUALLY FILE WITH THE DEPARTMENT ON OR BEFORE THE FIRST DAY OF JULY A CERTIFICATE OF COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE. S. 2006 60 A. 3006 4. IF A COLLEGE OR UNIVERSITY FAILS TO FILE A CERTIFICATE OF COMPLI- ANCE PURSUANT TO SUBDIVISION THREE OF THIS SECTION WITHIN SIXTY DAYS OF THE TIME REQUIRED, SUCH COLLEGE OR UNIVERSITY SHALL NOT BE ELIGIBLE TO RECEIVE ANY STATE AID OR ASSISTANCE UNTIL SUCH CERTIFICATE OF COMPLIANCE IS DULY FILED. 5. EACH COLLEGE AND UNIVERSITY SHALL FILE A COPY OF ALL WRITTEN RULES AND POLICIES ADOPTED AS REQUIRED IN THIS ARTICLE WITH THE DEPARTMENT ON OR BEFORE THE FIRST DAY OF JULY, TWO THOUSAND SIXTEEN, AND ONCE EVERY TEN YEARS THEREAFTER, EXCEPT THAT THE SECOND FILING SHALL COINCIDE WITH THE REQUIRED FILING UNDER ARTICLE ONE HUNDRED TWENTY-NINE-A OF THIS CHAPTER, AND CONTINUE ON THE SAME CYCLE THEREAFTER. 6. A COPY OF SUCH RULES AND POLICIES SHALL BE GIVEN BY EACH COLLEGE AND UNIVERSITY TO ALL STUDENTS ENROLLED IN SAID COLLEGE OR UNIVERSITY. EACH COLLEGE AND UNIVERSITY SHALL ALSO POST SUCH RULES AND POLICIES ON ITS WEBSITE IN AN EASILY ACCESSIBLE MANNER TO THE PUBLIC. 7. COLLEGES AND UNIVERSITIES SHALL REFER TO APPLICABLE STATE AND FEDERAL LAW, REGULATIONS AND POLICY GUIDANCE IN DEVELOPING AND IMPLE- MENTING THE POLICIES REQUIRED PURSUANT TO THIS ARTICLE, INCLUDING REFER- ENCE TO STATE AND FEDERAL DEFINITIONS OF TERMS NOT SPECIFICALLY DEFINED HEREIN. S 6440. DEFINITION OF AFFIRMATIVE CONSENT TO SEXUAL ACTIVITY. EACH COLLEGE AND UNIVERSITY SHALL ADOPT A UNIFORM DEFINITION OF AFFIRMATIVE CONSENT IN THEIR CODE OF STUDENT CONDUCT OR SIMILAR DOCUMENT GOVERNING STUDENT BEHAVIOR. THIS DEFINITION SHALL STATE THAT "AFFIRMATIVE CONSENT IS A CLEAR, UNAMBIGUOUS, KNOWING, INFORMED, AND VOLUNTARY AGREEMENT BETWEEN ALL PARTICIPANTS TO ENGAGE IN SEXUAL ACTIVITY. CONSENT IS ACTIVE, NOT PASSIVE. SILENCE OR LACK OF RESISTANCE CANNOT BE INTERPRETED AS CONSENT. SEEKING AND HAVING CONSENT ACCEPTED IS THE RESPONSIBILITY OF THE PERSON(S) INITIATING EACH SPECIFIC SEXUAL ACT REGARDLESS OF WHETHER THE PERSON INITIATING THE ACT IS UNDER THE INFLUENCE OF DRUGS AND/OR ALCOHOL. CONSENT TO ANY SEXUAL ACT OR PRIOR CONSENSUAL SEXUAL ACTIVITY BETWEEN OR WITH ANY PARTY DOES NOT CONSTITUTE CONSENT TO ANY OTHER SEXU- AL ACT. THE DEFINITION OF CONSENT DOES NOT VARY BASED UPON A PARTIC- IPANT'S SEX, SEXUAL ORIENTATION, GENDER IDENTITY OR GENDER EXPRESSION. CONSENT MAY BE INITIALLY GIVEN BUT WITHDRAWN AT ANY TIME. WHEN CONSENT IS WITHDRAWN OR CANNOT BE GIVEN, SEXUAL ACTIVITY MUST STOP. CONSENT CANNOT BE GIVEN WHEN A PERSON IS INCAPACITATED. INCAPACITATION OCCURS WHEN AN INDIVIDUAL LACKS THE ABILITY TO FULLY AND KNOWINGLY CHOOSE TO PARTICIPATE IN SEXUAL ACTIVITY. INCAPACITATION INCLUDES IMPAIRMENT DUE TO DRUGS OR ALCOHOL (WHETHER SUCH USE IS VOLUNTARY OR INVOLUNTARY), THE LACK OF CONSCIOUSNESS OR BEING ASLEEP, BEING INVOLUNTARILY RESTRAINED, IF ANY OF THE PARTIES ARE UNDER THE AGE OF 17, OR IF AN INDIVIDUAL OTHERWISE CANNOT CONSENT. CONSENT CANNOT BE GIVEN WHEN IT IS THE RESULT OF ANY COERCION, INTIMIDATION, FORCE, OR THREAT OF HARM." S 6441. POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY IN SEXUAL VIOLENCE CASES. 1. A BYSTANDER WHO REPORTS IN GOOD FAITH OR A VICTIM REPORTING SEXUAL VIOLENCE TO COLLEGE OR UNIVERSITY OFFICIALS OR LAW ENFORCEMENT SHALL NOT BE SUBJECT TO CAMPUS CONDUCT ACTION FOR VIOLATIONS OF ALCOHOL AND DRUG USE POLICIES OCCURRING AT OR NEAR THE TIME OF THE INCIDENT. EACH COLLEGE AND UNIVERSITY SHALL ADOPT AND IMPLEMENT THE FOLLOWING POLICY: "THE HEALTH AND SAFETY OF EVERY STUDENT AT THE (COLLEGE/UNIVERSITY) IS OF UTMOST IMPORTANCE. (COLLEGE/UNIVERSITY) RECOGNIZES THAT STUDENTS WHO HAVE BEEN DRINKING AND/OR USING DRUGS (WHETHER SUCH USE IS VOLUNTARY OR INVOLUNTARY) AT THE TIME A SEXUAL VIOLENCE INCIDENT OCCURS MAY BE HESITANT TO REPORT SUCH INCIDENTS DUE TO FEAR OF POTENTIAL CONSEQUENCES FOR THEIR OWN CONDUCT. S. 2006 61 A. 3006 (COLLEGE/UNIVERSITY) STRONGLY ENCOURAGES STUDENTS TO REPORT INCIDENTS OF SEXUAL VIOLENCE TO CAMPUS OFFICIALS. A BYSTANDER REPORTING IN GOOD FAITH OR A VICTIM/SURVIVOR REPORTING A SEXUAL VIOLENCE INCIDENT TO (COLLEGE/UNIVERSITY) OFFICIALS OR LAW ENFORCEMENT WILL NOT BE SUBJECT TO CAMPUS CONDUCT ACTION FOR VIOLATIONS OF ALCOHOL AND/OR DRUG USE POLICIES OCCURRING AT OR NEAR THE TIME OF THE SEXUAL VIOLENCE INCIDENT." 2. FOR PURPOSES OF THIS ARTICLE, THE TERM "SEXUAL VIOLENCE" SHALL MEAN PHYSICAL SEXUAL ACTS PERPETRATED AGAINST A PERSON'S WILL OR PERPETRATED WHERE A PERSON IS INCAPABLE OF GIVING CONSENT INCLUDING, BUT NOT LIMITED TO, RAPE, SEXUAL ASSAULT, SEXUAL BATTERY, SEXUAL ABUSE, AND SEXUAL COER- CION. THE TERM "BYSTANDER" SHALL MEAN A PERSON WHO OBSERVES A CRIME, IMPENDING CRIME, CONFLICT, UNACCEPTABLE BEHAVIOR, OR CONDUCT THAT IS IN VIOLATION OF RULES OR POLICIES OF A COLLEGE OR UNIVERSITY. S 6442. VICTIM AND SURVIVOR BILL OF RIGHTS. 1. EACH COLLEGE AND UNIVERSITY SHALL ADOPT A VICTIM AND SURVIVOR BILL OF RIGHTS. THIS BILL OF RIGHTS SHALL STATE THE FOLLOWING: "ALL VICTIMS AND SURVIVORS HAVE THE RIGHT TO: (A) MAKE A REPORT TO LOCAL LAW ENFORCEMENT AND/OR STATE POLICE; (B) HAVE DISCLOSURES OF SEXUAL VIOLENCE TREATED SERIOUSLY; (C) MAKE A DECISION ABOUT WHETHER OR NOT TO DISCLOSE A CRIME OR INCIDENT AND PARTICIPATE IN THE CONDUCT OR CRIMINAL JUSTICE PROCESS FREE FROM OUTSIDE PRESSURES FROM COLLEGE/UNIVERSITY OFFICIALS; (D) BE TREATED WITH DIGNITY AND TO RECEIVE FROM COLLEGE/UNIVERSITY OFFICIALS COURTEOUS, FAIR, AND RESPECTFUL HEALTH CARE AND COUNSELING SERVICES; (E) BE FREE FROM ANY SUGGESTION THAT THE VICTIM/SURVIVOR IS AT FAULT WHEN THESE CRIMES AND VIOLATIONS ARE COMMITTED, OR SHOULD HAVE ACTED IN A DIFFERENT MANNER TO AVOID SUCH A CRIME; (F) DESCRIBE THE INCIDENT TO AS FEW INDIVIDUALS AS PRACTICABLE AND NOT TO BE REQUIRED TO UNNECESSARILY REPEAT A DESCRIPTION OF THE INCIDENT; (G) BE FREE FROM RETALIATION BY THE COLLEGE/UNIVERSITY, THE ACCUSED, AND/OR THEIR FRIENDS, FAMILY AND ACQUAINTANCES; AND (H) EXERCISE CIVIL RIGHTS AND PRACTICE OF RELIGION WITHOUT INTERFERENCE BY THE INVESTIGATIVE, CRIMINAL JUSTICE, OR CONDUCT PROCESS OF THE COLLEGE/UNIVERSITY." 2. IN ACCORDANCE WITH PROVISIONS OF THIS SECTION, EACH COLLEGE AND UNIVERSITY SHALL LIST THE FOLLOWING OPTIONS IN BRIEF: VICTIMS AND SURVI- VORS HAVE MANY OPTIONS THAT CAN BE PURSUED SIMULTANEOUSLY, INCLUDING ONE OR MORE OF THE FOLLOWING: (A) RECEIVE RESOURCES, SUCH AS COUNSELING AND MEDICAL ATTENTION; (B) CONFIDENTIALLY OR ANONYMOUSLY DISCLOSE A CRIME OR VIOLATION; (C) MAKE A REPORT TO AN EMPLOYEE WITH THE AUTHORITY TO ADDRESS COMPLAINTS, INCLUDING THE TITLE IX COORDINATOR, A STUDENT CONDUCT EMPLOYEE, A HUMAN RESOURCES EMPLOYEE, UNIVERSITY POLICE OR CAMPUS SECURITY, OR FAMILY COURT OR CIVIL COURT; AND (D) MAKE A REPORT TO LOCAL LAW ENFORCEMENT AND/OR STATE POLICE. 3. THIS BILL OF RIGHTS SHALL BE DISTRIBUTED ANNUALLY TO STUDENTS, MADE AVAILABLE ON EACH COLLEGE AND UNIVERSITY WEBSITE, AND POSTED IN EACH CAMPUS RESIDENCE HALL, DINING HALL, AND STUDENT UNION OR CAMPUS CENTER AND SHALL INCLUDE LINKS OR INFORMATION TO FILE A REPORT AND SEEK A RESPONSE, PURSUANT TO SECTION SIXTY-FOUR HUNDRED FORTY-THREE OF THIS ARTICLE, AND THE OPTIONS FOR CONFIDENTIAL DISCLOSURE PURSUANT TO SECTION SIXTY-FOUR HUNDRED FORTY-FOUR OF THIS ARTICLE. S 6443. RESPONSE TO REPORTS. 1. IN ACCORDANCE WITH THE VICTIM/SURVIVOR BILL OF RIGHTS SET FORTH IN SECTION SIXTY-FOUR HUNDRED FORTY-TWO OF THIS ARTICLE AND THE RIGHT OF VICTIMS AND SURVIVORS TO MAKE A REPORT TO LOCAL LAW ENFORCEMENT AND/OR STATE POLICE, EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT VICTIMS AND SURVIVORS ARE PROVIDED WITH THE FOLLOWING INFOR- MATION: A. THE RIGHT TO NOTIFY LOCAL LAW ENFORCEMENT AND/OR STATE POLICE; S. 2006 62 A. 3006 B. THE RIGHT TO REPORT CONFIDENTIALLY THE INCIDENT TO COLLEGE OR UNIVERSITY OFFICIALS, WHO MAY MAINTAIN CONFIDENTIALITY PURSUANT TO APPLICABLE LAWS, AND CAN ASSIST IN OBTAINING SERVICES FOR THE VICTIMS AND SURVIVORS; C. THE RIGHT TO DISCLOSE CONFIDENTIALLY THE INCIDENT AND OBTAIN SERVICES FROM NEW YORK STATE, NEW YORK CITY, OR COUNTY SERVICES; D. THE RIGHT TO REPORT THE INCIDENT TO COLLEGE OR UNIVERSITY OFFICIALS WHO CAN OFFER PRIVACY AND CAN ASSIST IN OBTAINING RESOURCES; E. THE RIGHT TO FILE A CRIMINAL COMPLAINT WITH UNIVERSITY POLICE AND/OR CAMPUS SECURITY; F. THE RIGHT TO FILE A REPORT OF SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND/OR STALKING, AND THE RIGHT TO CONSULT THE TITLE IX COORDINATOR FOR INFORMATION AND ASSISTANCE. REPORTS SHALL BE INVESTI- GATED IN ACCORDANCE WITH COLLEGE OR UNIVERSITY POLICY AND A VICTIM/SURVIVOR'S IDENTITY SHALL REMAIN PRIVATE AT ALL TIMES IF SAID VICTIM/SURVIVOR WISHES TO MAINTAIN CONFIDENTIALITY; G. WHEN THE ACCUSED IS AN EMPLOYEE, THE RIGHT TO REPORT THE INCIDENT TO THE COLLEGE OR UNIVERSITY HUMAN RESOURCES AUTHORITY OR THE RIGHT TO REQUEST THAT A CONFIDENTIAL OR PRIVATE EMPLOYEE ASSIST IN REPORTING TO THE APPROPRIATE HUMAN RESOURCES AUTHORITY. DISCIPLINARY PROCEEDINGS WILL BE CONDUCTED IN ACCORDANCE WITH APPLICABLE COLLECTIVE BARGAINING AGREE- MENTS. WHEN THE ACCUSED IS AN EMPLOYEE OF AN AFFILIATED ENTITY OR VENDOR OF THE COLLEGE, COLLEGE OR UNIVERSITY OFFICIALS WILL, AT THE REQUEST OF THE VICTIM/SURVIVOR, ASSIST IN REPORTING TO THE APPROPRIATE OFFICE OF THE VENDOR OR AFFILIATED ENTITY AND, IF THE RESPONSE OF THE VENDOR OR AFFILIATED ENTITY IS NOT DEEMED SUFFICIENT BY THE COLLEGE OR UNIVERSITY OFFICIALS, ASSIST IN OBTAINING A PERSONA NON GRATA LETTER, SUBJECT TO LEGAL REQUIREMENTS AND COLLEGE POLICY; H. THE RIGHT TO WITHDRAW A COMPLAINT OR INVOLVEMENT FROM THE COLLEGE OR UNIVERSITY PROCESS AT ANY TIME. 2. EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT VICTIMS AND SURVIVORS HAVE INFORMATION ABOUT RESOURCES, INCLUDING INTERVENTION, MENTAL HEALTH COUNSELING, AND MEDICAL. THE POLICY SHALL ALSO PROVIDE INFORMATION ON SEXUALLY TRANSMITTED INFECTIONS, SEXUAL ASSAULT FORENSIC EXAMINATIONS, AND RESOURCES AVAILABLE THROUGH THE OFFICE OF VICTIM SERVICES, ESTAB- LISHED PURSUANT TO SECTION SIX HUNDRED TWENTY-TWO OF THE EXECUTIVE LAW. 3. EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT VICTIMS AND SURVIVORS HAVE THE FOLLOWING PROTECTIONS AND ACCOMMODATIONS: A. WHEN THE ACCUSED IS A STUDENT, TO HAVE THE COLLEGE ISSUE A "NO CONTACT ORDER," WHEREBY CONTINUED CONTACT WITH THE PROTECTED INDIVIDUAL WOULD BE A VIOLATION OF COLLEGE OR UNIVERSITY POLICY SUBJECT TO ADDI- TIONAL CONDUCT CHARGES; IF THE ACCUSED AND A PROTECTED PERSON OBSERVE EACH OTHER IN A PUBLIC PLACE, IT IS THE RESPONSIBILITY OF THE ACCUSED TO LEAVE THE AREA IMMEDIATELY AND WITHOUT DIRECTLY CONTACTING THE PROTECTED PERSON; B. TO HAVE ASSISTANCE FROM UNIVERSITY POLICE OR CAMPUS SECURITY OR OTHER COLLEGE OR UNIVERSITY OFFICIALS IN OBTAINING AN ORDER OF PROTECTION OR, IF OUTSIDE OF NEW YORK STATE, AN EQUIVALENT PROTECTIVE OR RESTRAINING ORDER; C. TO RECEIVE A COPY OF THE ORDER OF PROTECTION OR EQUIVALENT AND HAVE AN OPPORTUNITY TO MEET OR SPEAK WITH A COLLEGE OR UNIVERSITY OFFICIAL WHO CAN EXPLAIN THE ORDER AND ANSWER QUESTIONS ABOUT IT, INCLUDING INFORMATION FROM THE ORDER ABOUT THE ACCUSED'S RESPONSIBILITY TO STAY AWAY FROM THE PROTECTED PERSON OR PERSONS; THAT BURDEN DOES NOT REST ON THE PROTECTED PERSON OR PERSONS; S. 2006 63 A. 3006 D. A RIGHT TO AN EXPLANATION OF THE CONSEQUENCES FOR VIOLATING THESE ORDERS, INCLUDING BUT NOT LIMITED TO ARREST, ADDITIONAL CONDUCT CHARGES, AND INTERIM SUSPENSION; E. TO RECEIVE ASSISTANCE FROM UNIVERSITY POLICE OR CAMPUS SECURITY IN EFFECTING AN ARREST WHEN AN INDIVIDUAL VIOLATES AN ORDER OF PROTECTION OR, IF UNIVERSITY POLICE OR CAMPUS SECURITY DOES NOT POSSESS ARRESTING POWERS, THEN TO CALL ON AND ASSIST LOCAL LAW ENFORCEMENT IN EFFECTING AN ARREST FOR VIOLATING SUCH AN ORDER; F. WHEN THE ACCUSED IS A STUDENT AND PRESENTS A CONTINUING THREAT TO THE HEALTH AND SAFETY OF THE COMMUNITY, TO SUBJECT THE ACCUSED TO INTER- IM SUSPENSION PENDING THE OUTCOME OF A CONDUCT PROCESS; G. WHEN THE ACCUSED IS NOT A STUDENT BUT IS A MEMBER OF THE COLLEGE COMMUNITY AND PRESENTS A CONTINUING THREAT TO THE HEALTH AND SAFETY OF THE COMMUNITY, TO SUBJECT THE ACCUSED TO INTERIM MEASURES IN ACCORDANCE WITH APPLICABLE COLLECTIVE BARGAINING AGREEMENTS, EMPLOYEE HANDBOOKS, AND RULES AND POLICIES OF THE COLLEGE OR UNIVERSITY; H. WHEN THE ACCUSED IS NOT A MEMBER OF THE COLLEGE COMMUNITY, TO HAVE ASSISTANCE FROM UNIVERSITY POLICE OR CAMPUS SECURITY OR OTHER COLLEGE OR UNIVERSITY OFFICIALS IN OBTAINING A PERSONA NON GRATA LETTER, SUBJECT TO APPLICABLE LEGAL REQUIREMENTS AND POLICIES; AND I. TO OBTAIN REASONABLE AND AVAILABLE INTERIM MEASURES AND ACCOMMO- DATIONS THAT EFFECT A CHANGE IN ACADEMIC, HOUSING, EMPLOYMENT, TRANSPOR- TATION, OR OTHER APPLICABLE ARRANGEMENTS IN ORDER TO ENSURE SAFETY, PREVENT RETALIATION, AND AVOID AN ONGOING HOSTILE ENVIRONMENT. 4. EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT STUDENTS PARTICIPAT- ING IN THE STUDENT CONDUCT OR JUDICIAL PROCESS BE AFFORDED THE FOLLOWING RIGHTS AND RESPONSIBILITIES: A. THE RIGHT TO FILE STUDENT CONDUCT CHARGES AGAINST THE ACCUSED. CONDUCT PROCEEDINGS ARE GOVERNED BY THE PROCEDURES SET FORTH IN COLLEGE OR UNIVERSITY RULES AS WELL AS FEDERAL AND NEW YORK STATE LAW, INCLUD- ING, WHERE APPLICABLE, THE DUE PROCESS PROVISIONS OF THE UNITED STATES CONSTITUTION AND NEW YORK STATE CONSTITUTION. B. THROUGHOUT CONDUCT PROCEEDINGS, THE ACCUSED AND THE VICTIM/SURVIVOR SHALL BE PROVIDED: (1) THE SAME OPPORTUNITY TO HAVE ACCESS TO AN ADVISOR OF THEIR CHOICE, WHERE PARTICIPATION OF THE ADVISOR IN ANY PROCEEDING SHALL BE IN COMPLI- ANCE WITH APPLICABLE FEDERAL LAWS AND THE STUDENT CODE OF CONDUCT. (2) THE RIGHT TO A PROMPT RESPONSE TO ANY COMPLAINT AND TO HAVE THE COMPLAINT INVESTIGATED AND ADJUDICATED IN AN IMPARTIAL, TIMELY, AND THOROUGH MANNER BY INDIVIDUALS WHO RECEIVE ANNUAL TRAINING IN CONDUCTING INVESTIGATIONS OF SEXUAL VIOLENCE, THE EFFECTS OF TRAUMA, AND OTHER ISSUES RELATED TO SEXUAL VIOLENCE INCLUDING BUT NOT LIMITED TO SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING. (3) THE RIGHT TO AN INVESTIGATION AND PROCESS THAT IS FAIR, IMPARTIAL, AND PROVIDES A MEANINGFUL OPPORTUNITY TO BE HEARD. (4) THE RIGHT TO RECEIVE WRITTEN OR ELECTRONIC NOTICE OF ANY MEETING OR HEARING THEY ARE REQUIRED TO OR ARE ELIGIBLE TO ATTEND. (5) THE RIGHT TO HAVE A CONDUCT PROCESS RUN CONCURRENTLY WITH A CRIMI- NAL JUSTICE INVESTIGATION AND PROCEEDING, EXCEPT FOR TEMPORARY DELAYS AS REQUESTED BY EXTERNAL MUNICIPAL ENTITIES WHILE LAW ENFORCEMENT GATHERS EVIDENCE. TO COMPLY WITH FEDERAL LAW, TEMPORARY DELAYS SHOULD NOT LAST MORE THAN TEN DAYS EXCEPT WHEN LAW ENFORCEMENT SPECIFICALLY REQUESTS AND JUSTIFIES A LONGER DELAY. (6) THE RIGHT TO REVIEW AVAILABLE EVIDENCE IN THE CASE FILE. S. 2006 64 A. 3006 (7) THE RIGHT TO A RANGE OF OPTIONS FOR PROVIDING TESTIMONY VIA ALTER- NATIVE ARRANGEMENTS, INCLUDING TELEPHONE/VIDEOCONFERENCING OR TESTIFYING WITH A ROOM PARTITION. (8) THE RIGHT TO EXCLUDE PRIOR SEXUAL HISTORY OR PAST MENTAL HEALTH HISTORY FROM ADMITTANCE IN THE COLLEGE DISCIPLINARY STAGE THAT DETER- MINES RESPONSIBILITY. PAST SEXUAL VIOLENCE FINDINGS MAY BE ADMISSIBLE IN THE DISCIPLINARY STAGE THAT DETERMINES SANCTION. (9) THE RIGHT TO ASK QUESTIONS OF THE DECISION MAKER AND VIA THE DECI- SION MAKER INDIRECTLY REQUEST RESPONSES FROM OTHER PARTIES AND ANY OTHER WITNESSES PRESENT. (10) THE RIGHT TO MAKE AN IMPACT STATEMENT DURING THE POINT OF THE PROCEEDING WHERE THE DECISION MAKER IS DELIBERATING ON APPROPRIATE SANC- TIONS. (11) THE RIGHT TO SIMULTANEOUS (AMONG THE PARTIES) WRITTEN OR ELEC- TRONIC NOTIFICATION OF THE OUTCOME OF A CONDUCT PROCEEDING, INCLUDING THE SANCTION OR SANCTIONS. (12) THE RIGHT TO KNOW THE SANCTION OR SANCTIONS THAT MAY BE IMPOSED ON THE ACCUSED BASED UPON THE OUTCOME OF THE CONDUCT PROCEEDING AND THE REASON FOR THE ACTUAL SANCTION IMPOSED. FOR STUDENTS FOUND RESPONSIBLE FOR COMMITTING SEXUAL ASSAULT, THE AVAILABLE SANCTIONS SHALL BE EITHER IMMEDIATE SUSPENSION WITH ADDITIONAL REQUIREMENTS OR EXPULSION. C. THE RIGHT TO CHOOSE WHETHER TO DISCLOSE OR DISCUSS THE OUTCOME OF A CONDUCT HEARING. S 6444. CAMPUS CLIMATE ASSESSMENTS. 1. EACH COLLEGE AND UNIVERSITY SHALL CONDUCT A CAMPUS CLIMATE ASSESSMENT AIMED AT ASCERTAINING GENERAL AWARENESS AND KNOWLEDGE OF PROVISIONS OF THIS ARTICLE, DEVELOPED USING STANDARD AND COMMONLY RECOGNIZED RESEARCH METHODS, AND SHALL CONDUCT SUCH ASSESSMENT NO LESS THAN EVERY OTHER YEAR. 2. THE ASSESSMENT SHALL INCLUDE QUESTIONS COVERING AT LEAST THE FOLLOWING TOPICS REGARDING STUDENT AND EMPLOYEE KNOWLEDGE ABOUT (A) THE TITLE IX COORDINATOR'S ROLE; (B) CAMPUS POLICIES AND PROCEDURES ADDRESS- ING SEXUAL ASSAULT; (C) HOW AND WHERE TO REPORT SEXUAL VIOLENCE AS A VICTIM, SURVIVOR OR WITNESS; (D) THE AVAILABILITY OF RESOURCES ON AND OFF CAMPUS, SUCH AS COUNSELING, HEALTH, AND ACADEMIC ASSISTANCE; (E) THE PREVALENCE OF VICTIMIZATION AND PERPETRATION OF SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING ON AND OFF CAMPUS DURING A SET TIME PERIOD; (F) BYSTANDER ATTITUDES AND BEHAVIOR; AND (G) WHETHER VICTIMS AND SURVIVORS REPORTED TO THE COLLEGE OR UNIVERSITY AND/OR POLICE, AND REASONS WHY THEY DID OR DID NOT REPORT. 3. EACH COLLEGE AND UNIVERSITY SHALL TAKE STEPS TO ENSURE THAT ANSWERS TO SUCH ASSESSMENTS REMAIN ANONYMOUS AND NO INDIVIDUAL RESPONDENT IS IDENTIFIED. 4. EACH COLLEGE AND UNIVERSITY SHALL PUBLISH DETAILED RESULTS OF SUCH SURVEYS ON THEIR INTERNET WEBSITE PROVIDED THAT NO PERSONALLY IDENTIFI- ABLE INFORMATION OR INFORMATION WHICH CAN REASONABLY LEAD A READER TO IDENTIFY AN INDIVIDUAL RESPONDENT SHALL BE SHARED. 5. NOTHING IN THIS SECTION SHALL BE SUBJECT TO DISCOVERY OR ADMITTED INTO EVIDENCE IN A FEDERAL OR STATE COURT PROCEEDING OR CONSIDERED FOR OTHER PURPOSES IN ANY ACTION FOR DAMAGES BROUGHT BY A PRIVATE PARTY AGAINST A COLLEGE OR UNIVERSITY. S 6445. OPTIONS FOR CONFIDENTIAL DISCLOSURE. IN ACCORDANCE WITH THE VICTIM/SURVIVOR BILL OF RIGHTS SET FORTH IN SECTION SIXTY-FOUR HUNDRED FORTY-TWO OF THIS ARTICLE, EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT VICTIMS AND SURVIVORS HAVE THE FOLLOWING INFORMATION: (A) INFORMATION REGARDING PRIVILEGED AND CONFIDENTIAL RESOURCES THEY MAY CONTACT REGARD- ING VIOLENCE; (B) INFORMATION ABOUT NON-PROFESSIONAL COUNSELORS AND S. 2006 65 A. 3006 ADVOCATES THEY MAY CONTACT REGARDING VIOLENCE; (C) A PLAIN LANGUAGE EXPLANATION OF THE DIFFERENCES BETWEEN PRIVACY AND CONFIDENTIALITY; (D) INFORMATION ABOUT HOW THE COLLEGE OR UNIVERSITY WILL WEIGH A REQUEST FOR CONFIDENTIALITY AND RESPOND TO SUCH A REQUEST. SUCH INFORMATION SHALL AT MINIMUM INCLUDE THAT IF A VICTIM/SURVIVOR DISCLOSES AN INCIDENT TO A COLLEGE OR UNIVERSITY EMPLOYEE WHO IS RESPONSIBLE FOR RESPONDING TO OR REPORTING SEXUAL VIOLENCE OR SEXUAL HARASSMENT, BUT WISHES TO MAINTAIN CONFIDENTIALITY OR DOES NOT CONSENT TO THE INSTITUTION'S REQUEST TO INITIATE AN INVESTIGATION, THE TITLE IX COORDINATOR MUST WEIGH THE REQUEST AGAINST THE COLLEGE OR UNIVERSITY'S OBLIGATION TO PROVIDE A SAFE, NON-DISCRIMINATORY ENVIRONMENT FOR ALL MEMBERS OF ITS COMMUNITY. THE COLLEGE OR UNIVERSITY WILL ASSIST WITH ACADEMIC, HOUSING, TRANSPOR- TATION, EMPLOYMENT, AND OTHER REASONABLE AND AVAILABLE ACCOMMODATIONS REGARDLESS OF REPORTING CHOICES. THE COLLEGE OR UNIVERSITY MAY TAKE PROACTIVE STEPS, SUCH AS TRAINING OR AWARENESS EFFORTS, TO COMBAT SEXUAL VIOLENCE IN A GENERAL WAY THAT DOES NOT IDENTIFY THOSE WHO DISCLOSE OR THE INFORMATION DISCLOSED. THE COLLEGE OR UNIVERSITY MAY SEEK CONSENT FROM THOSE WHO DISCLOSE PRIOR TO CONDUCTING AN INVESTIGATION. DECLINING TO CONSENT TO AN INVESTIGATION WILL BE HONORED UNLESS THE COLLEGE OR UNIVERSITY DETERMINES IN GOOD FAITH THAT FAILURE TO INVESTIGATE DOES NOT ADEQUATELY MITIGATE A POTENTIAL RISK OF HARM TO THE DISCLOSING PERSON OR OTHER MEMBERS OF THE COMMUNITY. HONORING SUCH A REQUEST MAY LIMIT THE COLLEGE OR UNIVERSITY'S ABILITY TO MEANINGFULLY INVESTIGATE AND PURSUE CONDUCT ACTION AGAINST AN ACCUSED INDIVIDUAL. IF THE COLLEGE OR UNIVER- SITY DETERMINES THAT AN INVESTIGATION IS REQUIRED, IT WILL NOTIFY THE DISCLOSING PERSON AND TAKE IMMEDIATE ACTION AS NECESSARY TO PROTECT AND ASSIST THEM. FACTORS USED TO DETERMINE WHETHER TO HONOR A CONFIDENTIALI- TY REQUEST INCLUDE, BUT ARE NOT LIMITED TO: (1) WHETHER THE ACCUSED HAS A HISTORY OF VIOLENT BEHAVIOR OR IS A REPEAT OFFENDER; (2) WHETHER THE INCIDENT REPRESENTS ESCALATION IN UNLAWFUL CONDUCT ON BEHALF OF THE ACCUSED FROM PREVIOUSLY NOTED BEHAVIOR; (3) THE INCREASED RISK THAT THE ACCUSED WILL COMMIT ADDITIONAL ACTS OF VIOLENCE; (4) WHETHER THE ACCUSED USED A WEAPON OR FORCE; (5) WHETHER THE VICTIM/SURVIVOR IS A MINOR; AND (6) WHETHER THE COLLEGE OR UNIVERSITY POSSESSES OTHER MEANS TO OBTAIN EVIDENCE SUCH AS SECURITY FOOTAGE, AND WHETHER AVAILABLE INFORMATION REVEALS A PATTERN OF PERPETRATION AT A GIVEN LOCATION OR BY A PARTICULAR GROUP; (E) INFORMATION ABOUT PUBLIC AWARENESS AND ADVOCACY EVENTS, INCLUDING GUARANTEES THAT IF AN INDIVIDUAL DISCLOSES INFORMATION THROUGH A PUBLIC AWARENESS EVENT SUCH AS CANDLELIGHT VIGILS, PROTESTS, OR OTHER PUBLIC EVENT, THE COLLEGE OR UNIVERSITY IS NOT OBLIGATED TO BEGIN AN INVESTIGATION BASED ON SUCH INFORMATION. THE COLLEGE OR UNIVERSITY MAY USE THE INFORMATION PROVIDED AT SUCH AN EVENT TO INFORM ITS EFFORTS FOR ADDITIONAL EDUCATION AND PREVENTION EFFORTS; (F) INFORMATION ABOUT METH- ODS TO ANONYMOUSLY DISCLOSE INCLUDING BUT NOT LIMITED TO INFORMATION ON RELEVANT CONFIDENTIAL HOTLINES PROVIDED BY NEW YORK STATE AGENCIES AND NOT-FOR-PROFIT ENTITIES; (G) INFORMATION REGARDING INSTITUTIONAL CRIME REPORTING INCLUDING BUT NOT LIMITED TO: REPORTS OF CERTAIN CRIMES OCCUR- RING IN SPECIFIC GEOGRAPHIC LOCATIONS THAT SHALL BE INCLUDED IN THE COLLEGE OR UNIVERSITY ANNUAL SECURITY REPORT PURSUANT TO THE CLERY ACT, 20 U.S.C. 1092(F), IN AN ANONYMIZED MANNER THAT NEITHER IDENTIFIES THE SPECIFICS OF THE CRIME OR THE IDENTITY OF THE VICTIM/SURVIVOR; THAT THE COLLEGE OR UNIVERSITY IS OBLIGATED TO ISSUE TIMELY WARNINGS OF CRIMES ENUMERATED IN THE CLERY ACT OCCURRING WITHIN RELEVANT GEOGRAPHY THAT REPRESENT A SERIOUS OR CONTINUING THREAT TO STUDENTS AND EMPLOYEES, EXCEPT IN THOSE CIRCUMSTANCES WHERE ISSUING SUCH A WARNING MAY COMPRO- MISE CURRENT LAW ENFORCEMENT EFFORTS OR WHEN THE WARNING ITSELF COULD S. 2006 66 A. 3006 POTENTIALLY IDENTIFY THE VICTIM/SURVIVOR; THAT A VICTIM OR SURVIVOR SHALL NOT BE IDENTIFIED IN A TIMELY WARNING; THAT THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT, 20 U.S.C. 1232(G), ALLOWS INSTITUTIONS TO SHARE INFORMATION WITH PARENTS WHEN (1) THERE IS A HEALTH OR SAFETY EMERGENCY, OR (2) WHEN THE STUDENT IS A DEPENDENT ON EITHER PARENT'S PRIOR YEAR FEDERAL INCOME TAX RETURN, AND THAT GENERALLY, THE COLLEGE OR UNIVERSITY SHALL NOT SHARE INFORMATION ABOUT A REPORT OF SEXUAL VIOLENCE WITH PARENTS WITHOUT THE PERMISSION OF THE VICTIM/SURVIVOR. S 6446. STUDENT ONBOARDING AND ONGOING EDUCATION. 1. EACH COLLEGE AND UNIVERSITY SHALL ADOPT A COMPREHENSIVE STUDENT ONBOARDING AND ONGOING EDUCATION CAMPAIGN TO EDUCATE MEMBERS OF THE COLLEGE OR UNIVERSITY COMMUNITY ABOUT SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE AND STALKING, IN COMPLIANCE WITH APPLICABLE FEDERAL LAWS, INCLUDING THE CLERY ACT AS AMENDED BY THE VIOLENCE AGAINST WOMEN ACT REAUTHORIZATION OF 2013, 20 U.S.C. 1092(F). 2. INCLUDED IN THIS CAMPAIGN IT SHALL BE A REQUIREMENT THAT ALL NEW FIRST-YEAR AND TRANSFER STUDENTS SHALL, DURING THE COURSE OF THEIR ONBOARDING TO THEIR COLLEGE OR UNIVERSITY, RECEIVE TRAINING ON THE FOLLOWING TOPICS, USING A METHOD AND MANNER APPROPRIATE TO THE INSTITU- TIONAL CULTURE OF EACH COLLEGE OR UNIVERSITY: (A) THE COLLEGE OR UNIVER- SITY PROHIBITS SEXUAL HARASSMENT, INCLUDING SEXUAL VIOLENCE, OTHER VIOLENCE OR THREATS OF VIOLENCE, AND WILL OFFER RESOURCES TO ANY VICTIMS AND SURVIVORS OF SUCH VIOLENCE WHILE TAKING ADMINISTRATIVE AND CONDUCT ACTION REGARDING ANY ACCUSED INDIVIDUAL WITHIN THE JURISDICTION OF THE COLLEGE OR UNIVERSITY; (B) RELEVANT DEFINITIONS INCLUDING, BUT NOT LIMITED TO, THE DEFINITIONS OF SEXUAL VIOLENCE AND CONSENT; (C) POLICIES APPLY EQUALLY TO ALL STUDENTS REGARDLESS OF SEXUAL ORIENTATION, GENDER IDENTITY, OR GENDER EXPRESSION; (D) THE ROLE OF THE TITLE IX COORDINA- TOR, UNIVERSITY POLICE OR CAMPUS SECURITY, AND OTHER RELEVANT OFFICES THAT ADDRESS SEXUAL VIOLENCE PREVENTION AND RESPONSE; (E) AWARENESS OF VIOLENCE, ITS IMPACT ON VICTIMS AND SURVIVORS AND THEIR FRIENDS AND FAMILY, AND ITS LONG-TERM IMPACT; (F) THE POLICIES REQUIRED BY SECTIONS SIXTY-FOUR HUNDRED FORTY-THREE AND SIXTY-FOUR HUNDRED FORTY-FOUR OF THIS ARTICLE, INCLUDING: (1) HOW TO REPORT SEXUAL VIOLENCE AND OTHER CRIMES CONFIDENTIALLY TO COLLEGE OR UNIVERSITY OFFICIALS, CAMPUS LAW ENFORCE- MENT AND SECURITY, AND LOCAL LAW ENFORCEMENT; AND (2) HOW TO OBTAIN SERVICES AND SUPPORT; (G) BYSTANDER INTERVENTION AND THE IMPORTANCE OF TAKING ACTION, WHEN ONE CAN SAFELY DO SO, TO PREVENT VIOLENCE; (H) THE PROTECTIONS OF THE POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY IN SEXUAL VIOLENCE CASES AS OUTLINED IN SECTION SIXTY-FOUR HUNDRED FORTY-ONE OF THIS ARTICLE; (I) RISK ASSESSMENT AND REDUCTION INCLUDING, BUT NOT LIMITED TO, STEPS THAT POTENTIAL VICTIMS AND SURVIVORS AND BYSTANDERS CAN TAKE TO LOWER THE INCIDENCE OF SEXUAL VIOLENCE; AND (J) CONSEQUENCES AND SANCTIONS FOR INDIVIDUALS WHO COMMIT THESE CRIMES. 3. EACH COLLEGE AND UNIVERSITY SHALL CONDUCT THESE TRAININGS FOR ALL NEW STUDENTS, WHETHER FIRST-YEAR OR TRANSFER, UNDERGRADUATE, GRADUATE, OR PROFESSIONAL. 4. EACH COLLEGE AND UNIVERSITY SHALL USE MULTIPLE METHODS TO EDUCATE STUDENTS ABOUT VIOLENCE PREVENTION AND WILL ALSO SHARE INFORMATION ON SEXUAL VIOLENCE PREVENTION WITH PARENTS OF ENROLLING STUDENTS. 5. EACH COLLEGE AND UNIVERSITY SHALL OFFER TO ALL STUDENTS GENERAL AND SPECIALIZED TRAINING IN SEXUAL VIOLENCE PREVENTION. EACH COLLEGE AND UNIVERSITY SHALL CONDUCT A CAMPAIGN, COMPLIANT WITH THE REQUIREMENTS OF THE VIOLENCE AGAINST WOMEN ACT, 20 U.S.C. 1092(F), TO EDUCATE THE STUDENT POPULATION. FURTHER, EACH COLLEGE AND UNIVERSITY SHALL, AS APPROPRIATE, PROVIDE OR EXPAND SPECIFIC TRAINING TO INCLUDE GROUPS SUCH S. 2006 67 A. 3006 AS INTERNATIONAL STUDENTS, STUDENTS THAT ARE ALSO EMPLOYEES, LEADERS AND OFFICERS OF REGISTERED OR RECOGNIZED STUDENT ORGANIZATIONS, AND ONLINE AND DISTANCE EDUCATION STUDENTS. EACH COLLEGE AND UNIVERSITY SHALL ALSO PROVIDE SPECIFIC TRAINING TO MEMBERS OF GROUPS IDENTIFIED AS LIKELY TO ENGAGE IN HIGH-RISK BEHAVIOR. 6. EACH COLLEGE AND UNIVERSITY SHALL REQUIRE THAT STUDENT LEADERS AND OFFICERS OF STUDENT ORGANIZATIONS RECOGNIZED BY OR REGISTERED WITH THE COLLEGE OR UNIVERSITY, AS WELL AS THOSE SEEKING RECOGNITION BY THE COLLEGE OR UNIVERSITY, COMPLETE TRAINING ON SEXUAL VIOLENCE PREVENTION AS PART OF THE APPROVAL PROCESS, AND EACH COLLEGE AND UNIVERSITY SHALL REQUIRE THAT STUDENT-ATHLETES COMPLETE TRAINING ON SEXUAL VIOLENCE PREVENTION PRIOR TO PARTICIPATING IN INTERCOLLEGIATE ATHLETIC COMPETI- TION. 7. METHODS OF TRAINING AND EDUCATING STUDENTS MAY INCLUDE, BUT ARE NOT LIMITED TO: (A) PRESIDENT'S WELCOME MESSAGING; (B) PEER THEATER AND PEER EDUCATIONAL PROGRAMS; (C) ONLINE TRAINING; (D) SOCIAL MEDIA OUTREACH; (E) FIRST-YEAR SEMINARS AND TRANSITIONAL COURSES; (F) COURSE SYLLABI; (G) FACULTY TEACH-INS; (H) INSTITUTION-WIDE READING PROGRAMS; (I) POST- ERS, BULLETIN BOARDS, AND OTHER TARGETED PRINT AND EMAIL MATERIALS; (J) PROGRAMMING SURROUNDING LARGE RECURRING CAMPUS EVENTS; (K) PARTNERING WITH NEIGHBORING COLLEGES AND UNIVERSITIES TO OFFER TRAINING AND EDUCA- TION; (L) PARTNERING WITH STATE AND LOCAL COMMUNITY ORGANIZATIONS THAT PROVIDE OUTREACH, SUPPORT, CRISIS INTERVENTION, COUNSELING AND OTHER RESOURCES TO VICTIMS AND SURVIVORS OF CRIMES TO OFFER TRAINING AND EDUCATION; AND (M) OUTREACH AND PARTNERING WITH LOCAL BUSINESSES THAT ATTRACT STUDENTS TO ADVERTISE AND EDUCATE ABOUT THESE POLICIES. 8. EACH COLLEGE AND UNIVERSITY MUST ENGAGE IN AN OCCASIONAL ASSESSMENT OF ITS PROGRAM AND POLICIES ESTABLISHED PURSUANT TO PROVISIONS OF THIS ARTICLE, IN ORDER TO DETERMINE EFFECTIVENESS AND RELEVANCE FOR STUDENTS, BY EITHER ASSESSING ITS OWN PROGRAMMING OR BY CONDUCTING A REVIEW OF POLICIES OF OTHER COLLEGES AND UNIVERSITIES AND PUBLISHED STUDIES. S 6447. PRIVACY IN LEGAL CHALLENGES TO CONDUCT FINDINGS. IN ANY PROCEEDING BROUGHT AGAINST A COLLEGE OR UNIVERSITY CHARTERED BY THE REGENTS OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE AND WHICH MAINTAINS A CAMPUS, CHALLENGING A FINDING THAT A STUDENT WAS RESPONSIBLE FOR A VIOLATION OF THE COLLEGE OR UNIVERSITY RULES, THE PLEADINGS AND OTHER PAPERS OF SUCH A PROCEEDING SHALL NOT NAME OR PROVIDE IDENTIFYING INFORMATION ABOUT TESTIFYING WITNESSES (INCLUDING A VICTIM OR SURVIVOR OF A CRIME) WITH THE EXCEPTION OF THE PETITIONER, INDIVIDUALS TESTIFYING IN THEIR PROFESSIONAL OR EXPERT CAPACITY, AND WITNESSES WHO WAIVE THIS RIGHT TO PRIVACY IN A NOTARIZED INSTRUMENT PRESENTED TO THE COURT. WITNESSES SHALL BE IDENTIFIED ONLY AS NUMBERED WITNESSES. S 2. This act shall take effect immediately; provided, however, that sections sixty-four hundred thirty-nine, sixty-four hundred forty, sixty-four hundred forty-two, sixty-four hundred forty-four and sixty- four hundred forty-five of article 29-B of the education law, as added by section one of this act, shall take effect on the one hundred eight- ieth day after it shall have become a law; sections sixty-four hundred forty-one and sixty-four hundred forty-six of article 29-B of the educa- tion law, as added by section one of this act, shall take effect on the sixtieth day after it shall have become a law, and section sixty-four hundred forty-three of article 29-B of the education law, as added by section one of this act, shall take effect on the four hundred twenty- fifth day after it shall have become a law. PART I S. 2006 68 A. 3006 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 131-o of the social services law, as amended by section 1 of part E of chapter 58 of the laws of 2014, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$139.00] $141.00 for each month beginning on or after January first, two thousand [fourteen] FIFTEEN. (b) in the case of each individual receiving residential care, an amount equal to at least [$160.00] $163.00 for each month beginning on or after January first, two thousand [fourteen] FIFTEEN. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$190.00] $193.00 for each month beginning on or after January first, two thousand [fourteen] FIFTEEN. (d) for the period commencing January first, two thousand [fifteen] SIXTEEN, the monthly personal needs allowance shall be an amount equal to the sum of the amounts set forth in subparagraphs one and two of this paragraph: (1) the amounts specified in paragraphs (a), (b) and (c) of this subdivision; and (2) the amount in subparagraph one of this paragraph, multiplied by the percentage of any federal supplemental security income cost of living adjustment which becomes effective on or after January first, two thousand [fifteen] SIXTEEN, but prior to June thirtieth, two thousand [fifteen] SIXTEEN, rounded to the nearest whole dollar. S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of section 209 of the social services law, as amended by section 2 of part E of chapter 58 of the laws of 2014, are amended to read as follows: (a) On and after January first, two thousand [fourteen] FIFTEEN, for an eligible individual living alone, [$808.00] $820.00; and for an eligible couple living alone, [$1186.00] $1204.00. (b) On and after January first, two thousand [fourteen] FIFTEEN, for an eligible individual living with others with or without in-kind income, [$744.00] $756.00; and for an eligible couple living with others with or without in-kind income, [$1128.00] $1146.00. (c) On and after January first, two thousand [fourteen] FIFTEEN, (i) for an eligible individual receiving family care, [$987.48] $999.48 if he or she is receiving such care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible couple receiving family care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligible individ- ual receiving such care in any other county in the state, [$949.48] $961.48; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subpara- graph (iii) of this paragraph. (d) On and after January first, two thousand [fourteen] FIFTEEN, (i) for an eligible individual receiving residential care, [$1156.00] $1168.00 if he or she is receiving such care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible couple receiving residential care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligible individual receiving such care in any other county in the state, [$1126.00] $1138.00; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subparagraph (iii) of this paragraph. S. 2006 69 A. 3006 (e) (i) On and after January first, two thousand [fourteen] FIFTEEN, for an eligible individual receiving enhanced residential care, [$1415.00] $1427.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subparagraph (i) of this paragraph. (f) The amounts set forth in paragraphs (a) through (e) of this subdi- vision shall be increased to reflect any increases in federal supple- mental security income benefits for individuals or couples which become effective on or after January first, two thousand [fifteen] SIXTEEN but prior to June thirtieth, two thousand [fifteen] SIXTEEN. S 3. This act shall take effect December 31, 2015. PART J Section 1. Paragraph (vi) of subdivision (a) of section 115 of the family court act, as amended by chapter 222 of the laws of 1994, is amended to read as follows: (vi) proceedings concerning juvenile delinquency as set forth in arti- cle three THAT ARE COMMENCED IN FAMILY COURT. S 2. Subdivision (e) of section 115 of the family court act, as added by chapter 222 of the laws of 1994, is amended to read as follows: (e) The family court has concurrent jurisdiction with the criminal court over all family offenses as defined in article eight of this act AND HAS CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR COURT OVER ANY JUVENILE DELINQUENCY PROCEEDING RESULTING FROM THE REMOVAL OF THE CASE TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW. S 3. Subdivision (b) of section 117 of the family court act, as amended by chapter 7 of the laws of 2007, is amended to read as follows: (b) For every juvenile delinquency proceeding under article three OF THIS ACT involving an allegation of an act committed by a person which, if done by an adult, would [be a crime (i) defined in sections 125.27 (murder in the first degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the first degree); or 150.20 (arson in the first degree) of the penal law committed by a person thirteen, fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (ii) defined in sections 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); 130.35 (rape in the first degree); 130.50 (criminal sexual act in the first degree); 135.20 (kidnapping in the second degree), but only where the abduction involved the use or threat of use of deadly physical force; 150.15 (arson in the second degree); or 160.15 (robbery in the first degree) of the penal law committed by a person thirteen, fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (iii) defined in the penal law as an attempt to commit murder in the first or second degree or kidnapping in the first degree committed by a person thirteen, fourteen or fifteen years of age; or such conduct committed as a sexually moti- vated felony, where authorized pursuant to section 130.91 of the penal law; (iv) defined in section 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); subdivision two of section 160.10 (robbery in the second degree) of the penal law; or section 265.03 of the penal law, where such machine gun or such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of the penal law committed by S. 2006 70 A. 3006 a person fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (v) defined in section 120.05 (assault in the second degree) or 160.10 (robbery in the second degree) of the penal law committed by a person fourteen or fifteen years of age but only where there has been a prior finding by a court that such person has previous- ly committed an act which, if committed by an adult, would be the crime of assault in the second degree, robbery in the second degree or any designated felony act specified in clause (i), (ii) or (iii) of this subdivision regardless of the age of such person at the time of the commission of the prior act; or (vi) other than a misdemeanor, committed by a person at least seven but less than sixteen years of age, but only where there has been two prior findings by the court that such person has committed a prior act which, if committed by an adult would be a felony] CONSTITUTE A DESIGNATED FELONY ACT AS DEFINED IN SUBDIVISION EIGHT OF SECTION 301.2 OF SUCH ARTICLE: (i) There is hereby established in the family court in the city of New York at least one "designated felony act part." Such part or parts shall be held separate from all other proceedings of the court, and shall have jurisdiction over all proceedings involving such an allegation THAT ARE NOT REFERRED TO THE YOUTH PART OF A SUPERIOR COURT. All such proceedings shall be originated in or be transferred to this part from other parts as they are made known to the court. (ii) Outside the city of New York, all proceedings involving such an allegation shall have a hearing preference over every other proceeding in the court, except proceedings under article ten. S 4. Subdivision 1 of section 301.2 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows: 1. "Juvenile delinquent" means a person [over seven and less than sixteen years of age, who, having committed an act that would constitute a crime if committed by an adult, (a) is not criminally responsible for such conduct by reason of infancy, or (b) is the defendant in an action ordered removed from a criminal court to the family court pursuant to article seven hundred twenty-five of the criminal procedure law]: (A) WHO IS: (I) TEN OR ELEVEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTI- TUTE A CRIME AS DEFINED IN SECTION 125.27 (MURDER IN THE FIRST DEGREE) OR 125.25 (MURDER IN THE SECOND DEGREE) OF THE PENAL LAW IF COMMITTED BY AN ADULT; OR (II) AT LEAST TWELVE YEARS OF AGE AND LESS THAN SIXTEEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME IF COMMITTED BY AN ADULT; OR (III) SIXTEEN YEARS OF AGE OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SIXTEEN OR SEVENTEEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME, OR DISORDERLY CONDUCT AS DEFINED IN SECTION 240.20 OF THE PENAL LAW, OR HARASSMENT IN THE SECOND DEGREE AS DEFINED IN SECTION 240.26 OF THE PENAL LAW IF COMMITTED BY AN ADULT; AND (B) WHO IS EITHER: (I) NOT CRIMINALLY RESPONSIBLE FOR SUCH CONDUCT BY REASON OF INFANCY; OR (II) THE DEFENDANT IN AN ACTION BASED ON SUCH ACT THAT HAS BEEN ORDERED TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW. S 5. Subdivisions 8 and 9 of section 301.2 of the family court act, subdivision 8 as amended by chapter 7 of the laws of 2007 and subdivi- S. 2006 71 A. 3006 sion 9 as added by chapter 920 of the laws of 1982, are amended to read as follows: 8. "Designated felony act" means an act which, if done by an adult, would be a crime: (i) defined in sections 125.27 (murder in the first degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the first degree); or 150.20 (arson in the first degree) of the penal law committed by a person thirteen, fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (ii) defined in sections 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); 130.35 (rape in the first degree); 130.50 (criminal sexual act in the first degree); 130.70 (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the second degree) but only where the abduction involved the use or threat of use of deadly physical force; 150.15 (arson in the second degree) or 160.15 (robbery in the first degree) of the penal law committed by a person thirteen, fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (iii) defined in the penal law as an attempt to commit murder in the first or second degree or kidnapping in the first degree committed by a person thirteen, fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (iv) defined in section 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); subdivision two of section 160.10 (robbery in the second degree) of the penal law; or section 265.03 of the penal law, where such machine gun or such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of the penal law committed by a person fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (v) defined in section 120.05 (assault in the second degree) or 160.10 (robbery in the second degree) of the penal law committed by a person fourteen or fifteen years of age but only where there has been a prior finding by a court that such person has previously committed an act which, if committed by an adult, would be the crime of assault in the second degree, robbery in the second degree or any designated felony act specified in paragraph (i), (ii), or (iii) of this subdivision regard- less of the age of such person at the time of the commission of the prior act; [or] (vi) other than a misdemeanor committed by a person at least [seven] TWELVE but less than [sixteen] SEVENTEEN years of age, OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN A PERSON AT LEAST TWELVE BUT LESS THAN EIGHTEEN YEARS OF AGE, but only where there has been two prior findings by the court that such person has committed a prior felo- ny; OR (VII) THAT CONSTITUTES A CLASS A FELONY; A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW; A FELO- NY OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OR FOUR HUNDRED NINETY OF THE PENAL LAW; VEHICULAR ASSAULT IN THE SECOND DEGREE AS DEFINED IN SECTION 120.03 OF THE PENAL LAW; VEHICULAR ASSAULT IN THE FIRST DEGREE AS DEFINED IN SECTION 120.04 OF THE PENAL LAW; AGGRAVATED VEHICULAR ASSAULT AS DEFINED IN SECTION 120.04-A OF THE PENAL LAW; MURDER IN THE SECOND DEGREE AS DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION 125.25 OF THE PENAL LAW AND IN SUBDIVISION THREE OF SUCH SECTION PROVIDED THAT THE UNDERLYING CRIME FOR THE MURDER CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; A SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.90 OF THE PENAL LAW WHEN COMMITTED AS S. 2006 72 A. 3006 A SEXUALLY MOTIVATED FELONY; TAMPERING WITH A WITNESS IN THE THIRD DEGREE AS DEFINED BY SECTION 215.11, TAMPERING WITH A WITNESS IN THE SECOND DEGREE AS DEFINED BY SECTION 215.12, OR TAMPERING WITH A WITNESS IN THE FIRST DEGREE AS DEFINED BY SECTION 215.13 OF THE PENAL LAW, PROVIDED SUCH OFFENSE IS COMMITTED IN RELATION TO A CRIMINAL PROCEEDING FOR AN OFFENSE OR AN ATTEMPT OR CONSPIRACY TO COMMIT AN OFFENSE SPECI- FIED IN THIS SUBDIVISION; AGGRAVATED CRIMINAL CONTEMPT AS DEFINED IN SECTION 215.52 OF THE PENAL LAW; OR AN ATTEMPT OR CONSPIRACY TO COMMIT ANY OFFENSE SPECIFIED IN THIS SUBDIVISION, PROVIDED SUCH ATTEMPT OR CONSPIRACY IS A FELONY COMMITTED BY A PERSON SIXTEEN YEARS OLD OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN A PERSON SIXTEEN OR SEVENTEEN YEARS OLD. 9. "Designated class A felony act" means a designated felony act [defined in paragraph (i) of subdivision eight] THAT WOULD CONSTITUTE A CLASS A FELONY IF COMMITTED BY AN ADULT. S 6. Subdivision 1 of section 302.1 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows: 1. The family court has exclusive original jurisdiction over any proceeding to determine whether a person is a juvenile delinquent COMMENCED IN FAMILY COURT AND CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR COURT OVER ANY SUCH PROCEEDING REMOVED TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW. S 7. Section 304.1 of the family court act, as added by chapter 920 of the laws of 1982, subdivision 2 as amended by chapter 419 of the laws of 1987, is amended to read as follows: S 304.1. Detention. 1. A facility certified by the state [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES as a juvenile DETENTION facility must be operated in conformity with the regulations of the state [division for youth and shall be subject to the visitation and inspection of the state board of social welfare] OFFICE OF CHILDREN AND FAMILY SERVICES. 2. No child to whom the provisions of this article may apply shall be detained in any prison, jail, lockup, or other place used for adults convicted of crime or under arrest and charged with crime without the approval of the state [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES in the case of each child and the statement of its reasons therefor. The state [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES shall promulgate and publish the rules which it shall apply in determining whether approval should be granted pursuant to this subdivi- sion. 3. [The detention of a child under ten years of age in a secure detention facility shall not be directed under any of the provisions of this article. 4.] A detention facility which receives a child under subdivision four of section 305.2 shall immediately notify the child's parent or other person legally responsible for his care or, if such legally responsible person is unavailable the person with whom the child resides, that he has been placed in detention. S 8. Subdivision 1 of section 304.2 of the family court act, as added by chapter 683 of the laws of 1984, is amended to read as follows: (1) Upon application by the presentment agency, OR UPON APPLICATION BY THE PROBATION SERVICE AS PART OF THE ADJUSTMENT OF A CASE, the court may issue a temporary order of protection against a respondent for good cause shown, ex parte or upon notice, at any time after a juvenile is taken into custody, pursuant to section 305.1 or 305.2 or upon the issu- S. 2006 73 A. 3006 ance of an appearance ticket pursuant to section 307.1 or upon the filing of a petition pursuant to section 310.1. S 9. Subdivision 1 of section 305.1 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows: 1. A private person may take a child [under the age of sixteen] WHO MAY BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR COMMITTING AN ACT THAT WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody in cases in which [he] SUCH PRIVATE PERSON may arrest an adult for a crime under section 140.30 of the criminal procedure law. S 10. Subdivision 2 of section 305.2 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows: 2. An officer may take a child [under the age of sixteen] WHO MAY BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR COMMITTING AN ACT THAT WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody without a warrant in cases in which [he] THE OFFICER may arrest a person for a crime under article one hundred forty of the criminal procedure law. S 11. Paragraph (b) of subdivision 4 of section 305.2 of the family court act, as amended by chapter 492 of the laws of 1987, is amended to read as follows: (b) forthwith and with all reasonable speed take the child directly, and without his first being taken to the police station house, to the family court located in the county in which the act occasioning the taking into custody allegedly was committed, OR, WHEN THE FAMILY COURT IS NOT IN SESSION, TO THE MOST ACCESSIBLE MAGISTRATE, IF ANY, DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPART- MENT TO CONDUCT A HEARING UNDER SECTION 307.4 OF THIS PART, unless the officer determines that it is necessary to question the child, in which case he may take the child to a facility designated by the chief admin- istrator of the courts as a suitable place for the questioning of chil- dren or, upon the consent of a parent or other person legally responsi- ble for the care of the child, to the child's residence and there question him for a reasonable period of time; or S 12. Subdivision 1 of section 306.1 of the family court act, as amended by chapter 645 of the laws of 1996, is amended to read as follows: 1. Following the arrest of a child alleged to be a juvenile delin- quent, or the filing of a delinquency petition involving a child who has not been arrested, the arresting officer or other appropriate police officer or agency shall take or cause to be taken fingerprints of such child if: (a) the child is eleven years of age or older and the crime which is the subject of the arrest or which is charged in the petition consti- tutes a class [A or B] A-1 felony; [or] (b) THE CHILD IS TWELVE YEARS OF AGE OR OLDER AND THE CRIME WHICH IS THE SUBJECT OF THE ARREST OR WHICH IS CHARGED IN THE PETITION CONSTI- TUTES A CLASS A OR B FELONY; OR (C) the child is thirteen years of age or older and the crime which is the subject of the arrest or which is charged in the petition consti- tutes a class C, D or E felony. S 13. Section 307.3 of the family court act, as added by chapter 920 of the laws of 1982, subdivisions 1 and 2 as amended by chapter 419 of the laws of 1987, is amended to read as follows: S 307.3. Rules of court authorizing release before filing of petition. 1. The agency responsible for operating a detention facility pursuant to section two hundred eighteen-a of the county law, five hundred [ten-a] THREE of the executive law or other applicable provisions of law, shall S. 2006 74 A. 3006 release a child in custody before the filing of a petition to the custo- dy of his parents or other person legally responsible for his care, or if such legally responsible person is unavailable, to a person with whom he resides, when the events occasioning the taking into custody do not appear to involve allegations that the child committed a delinquent act. 2. When practicable such agency may release a child before the filing of a petition to the custody of his parents or other person legally responsible for his care, or if such legally responsible person is unavailable, to a person with whom he resides, when the events occasion- ing the taking into custody appear to involve allegations that the child committed a delinquent act; PROVIDED, HOWEVER, THAT SUCH AGENCY MUST RELEASE THE CHILD IF: (A) SUCH EVENTS APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE THAN A VIOLATION IF COMMIT- TED BY AN ADULT; OR (B) SUCH EVENTS APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF: (I) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; (II) THE CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT; (III) THE CHILD HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT ACT ALSO DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND (IV) THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES UNLESS THE AGENCY DETERMINES THAT DETENTION IS NECESSARY BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD. 3. If a child is released under this section, the child and the person legally responsible for his care shall be issued a family court appear- ance ticket in accordance with section 307.1. 4. If the agency for any reason does not release a child under this section, such child shall be brought before the appropriate family court, OR WHEN SUCH FAMILY COURT IS NOT IN SESSION, TO THE MOST ACCESSI- BLE MAGISTRATE, IF ANY, DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT; PROVIDED, HOWEVER, THAT IF SUCH FAMILY COURT IS NOT IN SESSION AND IF A MAGISTRATE IS NOT AVAIL- ABLE, SUCH YOUTH SHALL BE BROUGHT BEFORE SUCH FAMILY COURT within seven- ty-two hours or the next day the court is in session, whichever is soon- er. Such agency shall thereupon file an application for an order pursuant to section 307.4 and shall forthwith serve a copy of the appli- cation upon the appropriate presentment agency. Nothing in this subdivi- sion shall preclude the adjustment of suitable cases pursuant to section 308.1. S 14. Paragraph (c) of subdivision 4 of section 307.4 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows: (c) the events occasioning the taking into custody appear to involve acts which constitute juvenile delinquency, unless the court finds and states facts and reasons which would support a detention order pursuant to section 320.5, OR, IN THE CASE OF A JUVENILE WHO IS CHARGED WITH AN ACT ALLEGEDLY COMMITTED WHEN HE OR SHE WAS SIXTEEN YEARS OF AGE OR OLDER THAT WOULD CONSTITUTE A CRIME IF COMMITTED BY AN ADULT, AN ORDER FOR BAIL PURSUANT TO SECTION 320.5 OF THIS ARTICLE. S. 2006 75 A. 3006 S 15. Section 308.1 of the family court act, as added by chapter 920 of the laws of 1982, subdivision 2 as amended by section 3 of part V of chapter 55 of the laws of 2012, subdivision 4 as amended by chapter 264 of the laws of 2003, subdivisions 5 and 8 as amended by chapter 398 of the laws of 1983, and subdivision 6 as amended by chapter 663 of the laws of 1985, is amended to read as follows: S 308.1. [Rules of court for preliminary] PRELIMINARY procedure; ADJUSTMENT OF CASES. 1. [Rules of court shall authorize and determine the circumstances under which the] THE probation service may confer with any person seeking to have a juvenile delinquency petition filed, the potential respondent and other interested persons concerning the advis- ability of requesting that a petition be filed IN ACCORDANCE WITH THIS SECTION. 2. (A) Except as provided in subdivisions three [and], four, AND THIR- TEEN of this section, the probation service may[, in accordance with rules of court,] ATTEMPT TO adjust [suitable cases] A CASE before a petition is filed IF THE PROBATION SERVICE DETERMINES THAT THE CASE IS SUITABLE FOR ADJUSTMENT BASED ON THE ASSESSED LEVEL OF RISK THAT THE YOUTH WILL COMMIT ANOTHER ACT THAT WOULD CONSTITUTE A CRIME AS DETER- MINED BY A VALIDATED RISK ASSESSMENT INSTRUMENT AND THE EXTENT OF ANY PHYSICAL INJURY TO THE VICTIM. (B) IF A CHILD IS ASSESSED AT A LOW LEVEL OF RISK AND THE EVENTS IN THE CASE APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE A VIOLATION OR A MISDEMEANOR IF COMMITTED BY AN ADULT, THE PROBATION SERVICE MUST DILIGENTLY ATTEMPT TO ADJUST THE CASE. SUCH ATTEMPTS MAY INCLUDE THE USE OF A JUVENILE REVIEW BOARD COMPRISED OF APPROPRIATE COMMUNITY MEMBERS TO WORK WITH THE CHILD AND HIS OR HER FAMILY ON DEVELOPING RECOMMENDED ADJUSTMENT ACTIVITIES. THE PROBATION SERVICE MAY STOP ATTEMPTING TO ADJUST SUCH A CASE IF IT DETER- MINES THAT THERE IS NO SUBSTANTIAL LIKELIHOOD THAT THE YOUTH WILL BENE- FIT FROM ATTEMPTS AT ADJUSTMENT IN THE TIME REMAINING FOR ADJUSTMENT OR THE TIME FOR ADJUSTMENT HAS EXPIRED. (C) The inability of the respondent or his or her family to make restitution shall not be a factor in a decision to adjust a case or in a recommendation to the presentment agency pursuant to subdivision six of this section. (D) THE PROBATION SERVICE MAY MAKE AN APPLICATION TO THE COURT FOR A TEMPORARY ORDER OF PROTECTION AS PART OF THE ADJUSTMENT OF A CASE IN ACCORDANCE WITH SECTION 304.2 OF THIS ARTICLE. (E) Nothing in this section shall prohibit the probation service or the court from directing a respondent to obtain employment and to make restitution from the earnings from such employment. Nothing in this section shall prohibit the probation service or the court from directing an eligible person to complete an education reform program in accordance with section four hundred fifty-eight-l of the social services law. 3. The probation service shall not ATTEMPT TO adjust a case THAT COMMENCED IN FAMILY COURT in which the child has allegedly committed a designated felony act THAT INVOLVES ALLEGATIONS THAT THE CHILD CAUSED PHYSICAL INJURY TO A PERSON unless [it] THE PROBATION SERVICE has received the written approval of the court. 4. The probation service shall not ATTEMPT TO adjust a case in which the child has allegedly committed a delinquent act which would be a crime defined in section 120.25, (reckless endangerment in the first degree), subdivision one of section 125.15, (manslaughter in the second degree), subdivision one of section 130.25, (rape in the third degree), subdivision one of section 130.40, (criminal sexual act in the third S. 2006 76 A. 3006 degree), subdivision one or two of section 130.65, (sexual abuse in the first degree), section 135.65, (coercion in the first degree), section 140.20, (burglary in the third degree), section 150.10, (arson in the third degree), section 160.05, (robbery in the third degree), subdivi- sion two, three or four of section 265.02, (criminal possession of a weapon in the third degree), section 265.03, (criminal possession of a weapon in the second degree), or section 265.04, (criminal possession of a [dangerous] weapon in the first degree) of the penal law where the child has previously had one or more adjustments of a case in which such child allegedly committed an act which would be a crime specified in this subdivision unless it has received written approval from the court and the appropriate presentment agency. 5. The fact that a child is detained prior to the filing of a petition shall not preclude the probation service from adjusting a case; upon adjusting such a case the probation service shall notify the detention facility to release the child. 6. The probation service shall not transmit or otherwise communicate to the presentment agency any statement made by the child to a probation officer. However, the probation service may make a recommendation regarding adjustment of the case to the presentment agency and provide such information, including any report made by the arresting officer and record of previous adjustments and arrests, as it shall deem relevant. 7. No statement made to the probation service prior to the filing of a petition may be admitted into evidence at a fact-finding hearing or, if the proceeding is transferred to a criminal court, at any time prior to a conviction. 8. The probation service may not prevent any person who wishes to request that a petition be filed from having access to the appropriate presentment agency for that purpose. 9. Efforts at adjustment [pursuant to rules of court] under this section may not extend for a period of more than two months [without], OR, FOR A PERIOD OF MORE THAN FOUR MONTHS IF THE PROBATION SERVICE DETERMINES THAT ADJUSTMENT BEYOND THE FIRST TWO MONTHS IS WARRANTED BECAUSE DOCUMENTED BARRIERS TO ADJUSTMENT EXIST OR CHANGES NEED TO BE MADE TO THE CHILD'S SERVICES PLAN, EXCEPT UPON leave of the court, which may extend the ADJUSTMENT period for an additional two months. 10. If a case is not adjusted by the probation service, such service shall notify the appropriate presentment agency of that fact within forty-eight hours or the next court day, whichever occurs later. 11. The probation service may not be authorized under this section to compel any person to appear at any conference, produce any papers, or visit any place. 12. The probation service shall certify to the division of criminal justice services and to the appropriate police department or law enforcement agency whenever it adjusts a case in which the potential respondent's fingerprints were taken pursuant to section 306.1 in any manner other than the filing of a petition for juvenile delinquency for an act which, if committed by an adult, would constitute a felony, provided, however, in the case of a child [eleven or] twelve years of age, such certification shall be made only if the act would constitute a class A or B felony, OR, IN THE CASE OF A CHILD ELEVEN YEARS OF AGE, SUCH CERTIFICATION SHALL BE MADE ONLY IF THE ACT WOULD CONSTITUTE A CLASS A-1 FELONY. 13. The [provisions of this section] PROBATION SERVICE shall not [apply] ATTEMPT TO ADJUST A CASE where the petition is an order of removal to the family court pursuant to article seven hundred twenty- S. 2006 77 A. 3006 five of the criminal procedure law UNLESS IT HAS RECEIVED THE WRITTEN APPROVAL OF THE COURT. S 16. Paragraph (c) of subdivision 3 of section 311.1 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows: (c) the fact that the respondent is a person [under sixteen years of] OF THE NECESSARY age TO BE A JUVENILE DELINQUENT at the time of the alleged act or acts; S 17. Subdivision 1 of section 320.5 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows: 1. At the initial appearance, the court in its discretion may (A) release the respondent [or], (B) direct his detention, OR, (C) IN THE CASE OF A RESPONDENT WHO IS CHARGED WITH AN ACT ALLEGEDLY COMMITTED WHEN HE OR SHE WAS SIXTEEN YEARS OF AGE OR OLDER THAT WOULD BE A CRIME IF COMMITTED BY AN ADULT, OR IN THE CASE OF SUCH A RESPONDENT WHOSE CASE HAS BEEN REMOVED TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW, FIX BAIL PURSUANT TO PARA- GRAPH (E) OF SUBDIVISION THREE OF THIS SECTION. S 18. Subdivision 3 of section 320.5 of the family court act is amended by adding two new paragraphs (a-1) and (e) to read as follows: (A-1) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL NOT DIRECT DETENTION IF: (I) THE EVENTS UNDERLYING THE INITIAL APPEARANCE APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE THAN A VIOLATION IF COMMITTED BY AN ADULT; OR (II) SUCH EVENTS APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF: (1) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; (2) THE RESPONDENT DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT; (3) THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND (4) THE RESPONDENT WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES UNLESS THE COURT DETERMINES THAT DETENTION IS NECES- SARY BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION IN THE COURT ORDER. (E) IN THE CASE OF A RESPONDENT WHO IS CHARGED WITH AN ACT ALLEGEDLY COMMITTED WHEN HE OR SHE WAS SIXTEEN YEARS OF AGE OR OLDER THAT WOULD BE A CRIME IF COMMITTED BY AN ADULT OR IN THE CASE OF A RESPONDENT WHOSE CASE HAS BEEN REMOVED TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW, IF THE COURT FINDS THAT THE RESPONDENT OTHERWISE MEETS THE CRITERIA FOR PLACEMENT IN DETENTION AS SET FORTH IN PARAGRAPH (A) OF THIS SECTION AND THAT AVAIL- ABLE ALTERNATIVES TO DETENTION, INCLUDING CONDITIONAL RELEASE, WOULD NOT PREVENT SUCH RISK, THE COURT MAY CONSIDER THE RESPONDENT TO BE A PRINCI- PAL UNDER SUBDIVISION ONE OF SECTION 500.10 OF THE CRIMINAL PROCEDURE LAW; FIX BAIL IN ACCORDANCE WITH SECTION 510.30 OF THE CRIMINAL PROCE- DURE LAW, AND ORDER BAIL IN ACCORDANCE WITH SECTION 530.10 OF THE CRIMI- NAL PROCEDURE LAW AND THE RESPONDENT MAY POST BAIL IN ACCORDANCE WITH, AND OTHERWISE BE SUBJECT TO THE APPLICABLE PROVISIONS OF, TITLE P OF SUCH LAW. S. 2006 78 A. 3006 S 19. Subdivision 5 of section 322.2 of the family court act, as added by chapter 920 of the laws of 1982, paragraphs (a) and (d) as amended by chapter 41 of the laws of 2010, is amended to read as follows: 5. (a) If the court finds that there is probable cause to believe that the respondent committed a felony, it shall order the respondent committed to the custody of the commissioner of mental health or the commissioner of [mental retardation and] developmental disabilities for an initial period not to exceed one year from the date of such order. Such period may be extended annually upon further application to the court by the commissioner having custody or his or her designee. Such application must be made not more than sixty days prior to the expira- tion of such period on forms that have been prescribed by the chief administrator of the courts. At that time, the commissioner must give written notice of the application to the respondent, the counsel repres- enting the respondent and the mental hygiene legal service if the respondent is at a residential facility. Upon receipt of such applica- tion, the court must conduct a hearing to determine the issue of capaci- ty. If, at the conclusion of a hearing conducted pursuant to this subdi- vision, the court finds that the respondent is no longer incapacitated, he or she shall be returned to the family court for further proceedings pursuant to this article. If the court is satisfied that the respondent continues to be incapacitated, the court shall authorize continued custody of the respondent by the commissioner for a period not to exceed one year. Such extensions shall not continue beyond a reasonable period of time necessary to determine whether the respondent will attain the capacity to proceed to a fact finding hearing in the foreseeable future but in no event shall continue beyond the respondent's eighteenth birth- day OR, IF THE RESPONDENT WAS AT LEAST SIXTEEN YEARS OF AGE WHEN THE ACT WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST BIRTHDAY. (b) If a respondent is in the custody of the commissioner upon the respondent's eighteenth birthday, OR IF THE RESPONDENT WAS AT LEAST SIXTEEN YEARS OF AGE WHEN THE ACT RESULTING IN THE RESPONDENT'S PLACE- MENT WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST BIRTHDAY, the commissioner shall notify the clerk of the court that the respondent was in his custody on such date and the court shall dismiss the petition. (c) If the court finds that there is probable cause to believe that the respondent has committed a designated felony act, the court shall require that treatment be provided in a residential facility within the appropriate office of the department of mental hygiene. (d) The commissioner shall review the condition of the respondent within forty-five days after the respondent is committed to the custody of the commissioner. He or she shall make a second review within ninety days after the respondent is committed to his or her custody. Thereaft- er, he or she shall review the condition of the respondent every ninety days. The respondent and the counsel for the respondent, shall be noti- fied of any such review and afforded an opportunity to be heard. The commissioner having custody shall apply to the court for an order dismissing the petition whenever he or she determines that there is a substantial probability that the respondent will continue to be incapac- itated for the foreseeable future. At the time of such application the commissioner must give written notice of the application to the respond- ent, the presentment agency and the mental hygiene legal service if the respondent is at a residential facility. Upon receipt of such applica- tion, the court may on its own motion conduct a hearing to determine whether there is substantial probability that the respondent will continue to be incapacitated for the foreseeable future, and it must S. 2006 79 A. 3006 conduct such hearing if a demand therefor is made by the respondent or the mental hygiene legal service within ten days from the date that notice of the application was given to them. The respondent may apply to the court for an order of dismissal on the same ground. S 20. Subdivisions 1 and 5 of section 325.1 of the family court act, subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision 5 as added by chapter 920 of the laws of 1982, is amended to read as follows: 1. At the initial appearance, if the respondent denies a charge contained in the petition and the court determines IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 320.5 OF THIS PART that [he] THE RESPONDENT shall be detained for more than three days pending a fact-finding hear- ing, the court shall schedule a probable-cause hearing to determine the issues specified in section 325.3 OF THIS PART. 5. Where the petition consists of an order of removal pursuant to article seven hundred twenty-five of the criminal procedure law, unless the removal was pursuant to subdivision three of section 725.05 of such law and the respondent was not afforded a probable cause hearing pursu- ant to subdivision [three] TWO of section [180.75] 722.20 of such law [for a reason other than his waiver thereof pursuant to subdivision two of section 180.75 of such law], the petition shall be deemed to be based upon a determination that probable cause exists to believe the respond- ent is a juvenile delinquent and the respondent shall not be entitled to any further inquiry on the subject of whether probable cause exists. After the filing of any such petition the court must, however, exercise independent, de novo discretion with respect to release or detention as set forth in section 320.5. S 21. Subdivisions 1 and 2 of section 340.2 of the family court act, as added by chapter 920 of the laws of 1982, are amended to read as follows: 1. [The] EXCEPT WHEN AUTHORIZED IN ACCORDANCE WITH SECTION 346.1 OF THIS PART INVOLVING A CASE REMOVED TO FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW, THE judge who presides at the commencement of the fact-finding hearing shall continue to preside until such hearing is concluded and an order entered pursuant to section 345.1 OF THIS PART unless a mistrial is declared. 2. The judge who presides at the fact-finding hearing or accepts an admission pursuant to section 321.3 OF THIS ARTICLE shall preside at any other subsequent hearing in the proceeding, including but not limited to the dispositional hearing EXCEPT WHERE THE CASE IS REMOVED TO FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW AFTER A FACT-FINDING HEARING HAS OCCURRED. S 22. Paragraph (a) of subdivision 2 of section 352.2 of the family court act, as amended by chapter 880 of the laws of 1985, is amended to read as follows: (a) In determining an appropriate order the court shall consider the needs and best interests of the respondent as well as the need for protection of the community. If the respondent has committed a desig- nated felony act the court shall determine the appropriate disposition in accord with section 353.5. In all other cases the court shall order the least restrictive available alternative enumerated in subdivision one OF THIS SECTION which is consistent with the needs and best inter- ests of the respondent and the need for protection of the community; PROVIDED, HOWEVER, THAT THE COURT SHALL NOT DIRECT THE PLACEMENT OF A RESPONDENT WITH A COMMISSIONER OF SOCIAL SERVICES OR THE OFFICE OF CHIL- DREN AND FAMILY SERVICES IF: S. 2006 80 A. 3006 (I) THE RESPONDENT ONLY COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE THAN A VIOLATION IF COMMITTED BY AN ADULT; OR (II) THE RESPONDENT ONLY COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF: (1) THE ACTS DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; (2) THE RESPONDENT DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT; (3) THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND (4) THE RESPONDENT WAS ASSESSED AT A LOW RISK ON THE APPLICABLE PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES UNLESS THE COURT DETERMINES THAT SUCH A PLACEMENT IS NECESSARY BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMI- NENT RISK TO PUBLIC SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION IN THE COURT ORDER. S 23. Paragraph (a) of subdivision 1 and paragraphs (f) and (h) of subdivision 2 of section 353.2 of the family court act, paragraph (a) of subdivision 1 as added by chapter 920 of the laws of 1982, paragraphs (f) and (h) of subdivision 2 as amended by chapter 124 of the laws of 1993, are amended to read as follows: (a) placement of respondent is not or may not be necessary OR ALLOW- ABLE; (f) make restitution or perform services for the public good pursuant to section 353.6, provided the respondent is over [ten] TWELVE years of age; (h) comply with such other reasonable conditions as the court shall determine to be necessary or appropriate to ameliorate the conduct which gave rise to the filing of the petition or to prevent placement with the commissioner of social services or the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES. S 23-a. Subdivision 3 of section 353.2 of the family court act, as added by chapter 920 of the laws of 1982, paragraph (f) as amended by chapter 465 of the laws of 1992, is amended to read as follows: 3. When ordering a period of probation, the court may, as a condition of such order, further require that the respondent: (a) meet with a probation officer when directed to do so by that offi- cer and permit the officer to visit the respondent at home or elsewhere; (b) permit the probation officer to obtain information from any person or agency from whom respondent is receiving or was directed to receive diagnosis, treatment or counseling; (c) permit the probation officer to obtain information from the respondent's school; (d) co-operate with the probation officer in seeking to obtain and in accepting employment, and supply records and reports of earnings to the officer when requested to do so; AND (e) obtain permission from the probation officer for any absence from respondent's residence in excess of two weeks[; and (f) with the consent of the division for youth, spend a specified portion of the probation period, not exceeding one year, in a non-secure facility provided by the division for youth pursuant to article nine- teen-G of the executive law]. S 24. Subparagraph (iii) of paragraph (a) and paragraph (d) of subdi- vision 4 of section 353.5 of the family court act, as amended by section S. 2006 81 A. 3006 6 of subpart A of part G of chapter 57 of the laws of 2012, is amended to read as follows: (iii) after the period set under subparagraph (ii) of this paragraph, the respondent shall be placed in a residential facility for a period of twelve months; provided, however, that if the respondent has been placed from a family court in a social services district operating an approved juvenile justice services close to home initiative pursuant to section four hundred four of the social services law FOR AN ACT COMMITTED WHEN THE RESPONDENT WAS UNDER SIXTEEN YEARS OF AGE, once the time frames in subparagraph (ii) of this paragraph are met: (d) Upon the expiration of the initial period of placement, or any extension thereof, the placement may be extended in accordance with section 355.3 on a petition of any party or the office of children and family services, or, if applicable, a social services district operating an approved juvenile justice services close to home initiative pursuant to section four hundred four of the social services law, after a dispo- sitional hearing, for an additional period not to exceed twelve months, but no initial placement or extension of placement under this section may continue beyond the respondent's twenty-first birthday, OR, FOR AN ACT THAT WAS COMMITTED WHEN THE RESPONDENT WAS SIXTEEN YEARS OF AGE OR OLDER, THE RESPONDENT'S TWENTY-THIRD BIRTHDAY. S 25. Paragraph (d) of subdivision 4 of section 353.5 of the family court act, as amended by chapter 398 of the laws of 1983, is amended to read as follows: (d) Upon the expiration of the initial period of placement, or any extension thereof, the placement may be extended in accordance with section 355.3 on a petition of any party or the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES after a dispositional hearing, for an additional period not to exceed twelve months, but no initial placement or extension of placement under this section may continue beyond the respondent's twenty-first birthday, OR, FOR AN ACT THAT WAS COMMITTED WHEN THE RESPONDENT WAS SIXTEEN YEARS OF AGE OR OLDER, THE RESPONDENT'S TWENTY-THIRD BIRTHDAY. S 26. The opening paragraph of subdivision 1 of section 353.6 of the family court act, as amended by chapter 877 of the laws of 1983, is amended to read as follows: At the conclusion of the dispositional hearing in cases involving respondents over [ten] TWELVE years of age the court may: S 27. Section 354.1 of the family court act, as added by chapter 920 of the laws of 1982, subdivisions 2, 6, and 7 as amended by chapter 645 of the laws of 1996, subdivisions 4 and 5 as amended by chapter 398 of the laws of 1983, is amended to read as follows: S 354.1. Retention and destruction of fingerprints of persons alleged to be juvenile delinquents. 1. If a person whose fingerprints, palm- prints or photographs were taken pursuant to section 306.1 or was initially fingerprinted as a juvenile offender and the action is subse- quently removed to a family court pursuant to article seven hundred twenty-five of the criminal procedure law is adjudicated to be a juve- nile delinquent for a felony, the family court shall forward or cause to be forwarded to the division of criminal justice services notification of such adjudication and such related information as may be required by such division, provided, however, in the case of a person eleven [or twelve] years of age such notification shall be provided only if the act upon which the adjudication is based would constitute a class [A or B] A-1 felony OR, IN THE CASE OF A PERSON TWELVE YEARS OF AGE, SUCH NOTIFI- S. 2006 82 A. 3006 CATION SHALL BE PROVIDED ONLY IF THE ACT UPON WHICH THE ADJUDICATION IS BASED WOULD CONSTITUTE A CLASS A OR B FELONY. 2. If a person whose fingerprints, palmprints or photographs were taken pursuant to section 306.1 or was initially fingerprinted as a juvenile offender and the action is subsequently removed to family court pursuant to article seven hundred twenty-five of the criminal procedure law has had all petitions disposed of by the family court in any manner other than an adjudication of juvenile delinquency for a felony, but in the case of acts committed when such person was eleven [or twelve] years of age which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE OF ACTS COMMITTED WHEN SUCH PERSON WAS TWELVE YEARS OF AGE WHICH WOULD CONSTITUTE A CLASS A OR B FELONY ONLY, all such finger- prints, palmprints, photographs, and copies thereof, and all information relating to such allegations obtained by the division of criminal justice services pursuant to section 306.1 shall be destroyed forthwith. The clerk of the court shall notify the commissioner of the division of criminal justice services and the heads of all police departments and law enforcement agencies having copies of such records, who shall destroy such records without unnecessary delay. 3. If the appropriate presentment agency does not originate a proceed- ing under section 310.1 for a case in which the potential respondent's fingerprints were taken pursuant to section 306.1, the presentment agen- cy shall serve a certification of such action upon the division of crim- inal justice services, and upon the appropriate police department or law enforcement agency. 4. If, following the taking into custody of a person alleged to be a juvenile delinquent and the taking and forwarding to the division of criminal justice services of such person's fingerprints but prior to referral to the probation department or to the family court, an officer or agency, elects not to proceed further, such officer or agency shall serve a certification of such election upon the division of criminal justice services. 5. Upon certification pursuant to subdivision twelve of section 308.1 or subdivision three or four of this section, the department or agency shall destroy forthwith all fingerprints, palmprints, photographs, and copies thereof, and all other information obtained in the case pursuant to section 306.1. Upon receipt of such certification, the division of criminal justice services and all police departments and law enforcement agencies having copies of such records shall destroy them. 6. If a person fingerprinted pursuant to section 306.1 and subsequent- ly adjudicated a juvenile delinquent for a felony, but in the case of acts committed when such a person was eleven [or twelve] years of age which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD CONSTITUTE A CLASS A OR B FELONY ONLY, is subsequently convicted of a crime, all fingerprints and related information obtained by the division of criminal justice services pursuant to such section and not destroyed pursuant to subdivisions two, five and seven or subdivision twelve of section 308.1 shall become part of such division's permanent adult crim- inal record for that person, notwithstanding section 381.2 or 381.3. 7. When a person fingerprinted pursuant to section 306.1 and subse- quently adjudicated a juvenile delinquent for a felony, but in the case of acts committed when such person was eleven [or twelve] years of age which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD CONSTITUTE A CLASS A OR B FELONY, reaches the age of twenty-one, or has S. 2006 83 A. 3006 been discharged from placement under this act for at least three years, whichever occurs later, and has no criminal convictions or pending crim- inal actions which ultimately terminate in a criminal conviction, all fingerprints, palmprints, photographs, and related information and copies thereof obtained pursuant to section 306.1 in the possession of the division of criminal justice services, any police department, law enforcement agency or any other agency shall be destroyed forthwith. The division of criminal justice services shall notify the agency or agen- cies which forwarded fingerprints to such division pursuant to section 306.1 of their obligation to destroy those records in their possession. In the case of a pending criminal action which does not terminate in a criminal conviction, such records shall be destroyed forthwith upon such determination. S 28. Subdivisions 1 and 6 of section 355.3 of the family court act, subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision 6 as amended by chapter 663 of the laws of 1985, are amended to read as follows: 1. In any case in which the respondent has been placed pursuant to section 353.3 the respondent, the person with whom the respondent has been placed, the commissioner of social services, or the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES may petition the court to extend such placement. Such petition shall be filed at least sixty days prior to the expiration of the period of placement, except for good cause shown but in no event shall such petition be filed after the original expiration date. 6. Successive extensions of placement under this section may be grant- ed, but no placement may be made or continued beyond the respondent's eighteenth birthday without the child's consent and in no event past the child's twenty-first birthday EXCEPT AS PROVIDED FOR IN PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION 353.5. S 29. Subdivision 5 of section 355.4 of the family court act, as added by chapter 479 of the laws of 1992, is amended to read as follows: 5. Nothing in this section shall: REQUIRE THAT CONSENT BE OBTAINED FROM THE YOUTH'S PARENT OR LEGAL GUARDIAN TO ANY MEDICAL, DENTAL, OR MENTAL HEALTH SERVICE AND TREATMENT WHEN NO CONSENT IS NECESSARY OR THE YOUTH IS AUTHORIZED BY LAW TO CONSENT ON HIS OR HER OWN BEHALF; preclude a youth from consenting on his or her own behalf to any medical, dental or mental health service and treatment where otherwise authorized by law to do so[, or the division for youth]; OR PRECLUDE THE OFFICER OF CHIL- DREN AND FAMILY SERVICES OR A SOCIAL SERVICES DISTRICT from petitioning the court pursuant to section two hundred thirty-three of this act, as appropriate. S 30. Paragraph (b) of subdivision 3 of section 355.5 of the family court act, as amended by chapter 145 of the laws of 2000, is amended to read as follows: (b) subsequent permanency hearings shall be held no later than every twelve months following the respondent's initial twelve months in place- ment BUT IN NO EVENT PAST THE RESPONDENT'S TWENTY-FIRST BIRTHDAY; provided, however, that they shall be held in conjunction with an exten- sion of placement hearing held pursuant to section 355.3 of this [arti- cle] PART. S 31. Subdivisions 2 and 6 of section 360.3 of the family court act, as added by chapter 920 of the laws of 1982, are amended to read as follows: 2. At the time of his first appearance following the filing of a peti- tion of violation the court must: (a) advise the respondent of the S. 2006 84 A. 3006 contents of the petition and furnish him with a copy thereof; (b) deter- mine whether the respondent should be released or detained pursuant to section 320.5, PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE A RESPONDENT TO BE DETAINED FOR A VIOLATION OF A CONDITION THAT WOULD NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETERMINES (I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFE- TY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE RESPONDENT IS ON PROBATION FOR AN ACT THAT WOULD CONSTITUTE A VIOLENT FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN ADULT AND THE USE OF GRADUATED SANCTIONS HAVE BEEN EXHAUSTED WITHOUT SUCCESS; and (c) ask the respondent whether he wishes to make any state- ment with respect to the violation. If the respondent makes a statement, the court may accept it and base its decision thereon; the provisions of subdivision two of section 321.3 shall apply in determining whether a statement should be accepted. If the court does not accept such state- ment or if the respondent does not make a statement, the court shall proceed with the hearing. Upon request, the court shall grant a reason- able adjournment to the respondent to enable him to prepare for the hearing. 6. At the conclusion of the hearing the court may revoke, continue or modify the order of probation or conditional discharge. If the court revokes the order, it shall order a different disposition pursuant to section 352.2, PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE THE PLACEMENT OF A RESPONDENT FOR A VIOLATION OF A CONDITION THAT WOULD NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETER- MINES (I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFETY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE RESPONDENT IS ON PROBATION FOR AN ACT THAT WOULD CONSTITUTE A VIOLENT FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN ADULT AND THE USE OF GRADUATED SANCTIONS HAVE BEEN EXHAUSTED WITHOUT SUCCESS. If the court continues the order of probation or conditional discharge, it shall dismiss the petition of violation. S 32. Section 712 of the family court act, as amended by chapter 920 of the laws of 1982, subdivision (a) as amended by section 7 of part G of chapter 58 of the laws of 2010, subdivision (b) as amended by chapter 465 of the laws of 1992, subdivision (g) as amended by section 2 of part B of chapter 3 of the laws of 2005, subdivision (h) as added by chapter 7 of the laws of 1999, subdivision (i) as amended and subdivisions (j), (k), (l) and (m) as added by chapter 38 of the laws of 2014, is amended to read as follows: S 712. Definitions. As used in this article, the following terms shall have the following meanings: (a) "Person in need of supervision". A person less than eighteen years of age who does not attend school in accordance with the provisions of part one of article sixty-five of the education law or who is incorrigi- ble, ungovernable or habitually disobedient and beyond the lawful control of a parent or other person legally responsible for such child's care, or other lawful authority, or who violates the provisions of section 221.05 or 230.00 of the penal law, or who appears to be a sexu- ally exploited child as defined in paragraph (a), (c) or (d) of subdivi- sion one of section four hundred forty-seven-a of the social services law, but only if the child consents to the filing of a petition under this article. (b) ["Detention". The temporary care and maintenance of children away from their own homes as defined in section five hundred two of the exec- utive law. S. 2006 85 A. 3006 (c) "Secure detention facility". A facility characterized by phys- ically restricting construction, hardware and procedures. (d) "Non-secure detention facility". A facility characterized by the absence of physically restricting construction, hardware and procedures. (e)] "Fact-finding hearing". A hearing to determine whether the respondent did the acts alleged to show that he violated a law or is incorrigible, ungovernable or habitually disobedient and beyond the control of his parents, guardian or legal custodian. [(f)] (C) "Dispositional hearing". A hearing to determine whether the respondent requires supervision or treatment. [(g)] (D) "Aggravated circumstances". Aggravated circumstances shall have the same meaning as the definition of such term in subdivision (j) of section one thousand twelve of this act. [(h)] (E) "Permanency hearing". A hearing held in accordance with paragraph (b) of subdivision two of section seven hundred fifty-four or section seven hundred fifty-six-a of this article for the purpose of reviewing the foster care status of the respondent and the appropriate- ness of the permanency plan developed by the social services official on behalf of such respondent. [(i)] (F) "Diversion services". Services provided to children and families pursuant to section seven hundred thirty-five of this article for the purpose of avoiding the need to file a petition [or direct the detention of the child]. Diversion services shall include: efforts to adjust cases pursuant to this article before a petition is filed, or by order of the court, after the petition is filed but before fact-finding is commenced; and preventive services provided in accordance with section four hundred nine-a of the social services law to avert the placement of the child [into foster care], including crisis intervention and respite services. Diversion services may also include, in cases where any person is seeking to file a petition that alleges that the child has a substance use disorder or is in need of immediate detoxifi- cation or substance use disorder services, an assessment for substance use disorder; provided, however, that notwithstanding any other provision of law to the contrary, the designated lead agency shall not be required to pay for all or any portion of the costs of such assess- ment or substance use disorder or detoxification services, except in cases where medical assistance for needy persons may be used to pay for all or any portion of the costs of such assessment or services. [(j)] (G) "Substance use disorder". The misuse of, dependence on, or addiction to alcohol and/or legal or illegal drugs leading to effects that are detrimental to the person's physical and mental health or the welfare of others. [(k)] (H) "Assessment for substance use disorder". Assessment by a provider that has been certified by the office of alcoholism and substance abuse services of a person less than eighteen years of age where it is alleged that the youth is suffering from a substance use disorder which could make a youth a danger to himself or herself or others. [(l)] (I) "A substance use disorder which could make a youth a danger to himself or herself or others". A substance use disorder that is accompanied by the dependence on, or the repeated use or abuse of, drugs or alcohol to the point of intoxication such that the person is in need of immediate detoxification or other substance use disorder services. [(m)] (J) "Substance use disorder services". Substance use disorder services shall have the same meaning as provided for in section 1.03 of the mental hygiene law. S. 2006 86 A. 3006 S 33. The part heading of part 2 of article 7 of the family court act is amended to read as follows: CUSTODY [AND DETENTION] S 34. Section 720 of the family court act, as amended by chapter 419 of the laws of 1987, subdivision 3 as amended by section 9 of subpart B of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c) of subdivision 5 as added by section 8 of part G of chapter 58 of the laws of 2010, is added to read as follows: S 720. Detention PRECLUDED. [1.] THE DETENTION OF A CHILD SHALL NOT BE DIRECTED UNDER ANY OF THE PROVISIONS OF THIS ARTICLE, EXCEPT AS OTHER- WISE AUTHORIZED BY THE INTERSTATE COMPACT ON JUVENILES. No child to whom the provisions of this article may apply, shall be detained in any pris- on, jail, lockup, or other place used for adults convicted of crime or under arrest and charged with a crime. [2. The detention of a child in a secure detention facility shall not be directed under any of the provisions of this article. 3. Detention of a person alleged to be or adjudicated as a person in need of supervision shall, except as provided in subdivision four of this section, be authorized only in a foster care program certified by the office of children and family services, or a certified or approved family boarding home, or a non-secure detention facility certified by the office and in accordance with section seven hundred thirty-nine of this article. The setting of the detention shall take into account (a) the proximity to the community in which the person alleged to be or adjudicated as a person in need of supervision lives with such person's parents or to which such person will be discharged, and (b) the existing educational setting of such person and the proximity of such setting to the location of the detention setting. 4. Whenever detention is authorized and ordered pursuant to this arti- cle, for a person alleged to be or adjudicated as a person in need of supervision, a family court in a city having a population of one million or more shall, notwithstanding any other provision of law, direct detention in a foster care facility established and maintained pursuant to the social services law. In all other respects, the detention of such a person in a foster care facility shall be subject to the identical terms and conditions for detention as are set forth in this article and in section two hundred thirty-five of this act. 5. (a) The court shall not order or direct detention under this arti- cle, unless the court determines that there is no substantial likelihood that the youth and his or her family will continue to benefit from diversion services and that all available alternatives to detention have been exhausted; and (b) Where the youth is sixteen years of age or older, the court shall not order or direct detention under this article, unless the court determines and states in its order that special circumstances exist to warrant such detention. (c) If the respondent may be a sexually exploited child as defined in subdivision one of section four hundred forty-seven-a of the social services law, the court may direct the respondent to an available short- term safe house as defined in subdivision two of section four hundred forty-seven-a of the social services law as an alternative to detention.] S 35. Section 727 of the family court act is REPEALED. S 36. Section 728 of the family court act, subdivision (a) as amended by chapter 41 of the laws of 2010, subdivision (b) as amended by chapter S. 2006 87 A. 3006 419 of the laws of 1987, subdivision (d) as added by chapter 145 of the laws of 2000, paragraph (i) as added and paragraph (ii) of subdivision (d) as renumbered by section 5 of part E of chapter 57 of the laws of 2005, and paragraph (iii) as amended and paragraph (iv) of subdivision (d) as added by section 10 of subpart B of part Q of chapter 58 of the laws of 2011, is amended to read as follows: S 728. Discharge[,] OR release [or detention] by judge after hearing and before filing of petition in custody cases. (a) If a child in custody is brought before a judge of the family court before a petition is filed, the judge shall hold a hearing for the purpose of making a preliminary determination of whether the court appears to have jurisdic- tion over the child. At the commencement of the hearing, the judge shall advise the child of his or her right to remain silent, his or her right to be represented by counsel of his or her own choosing, and of the right to have an attorney assigned in accord with part four of article two of this act. The judge must also allow the child a reasonable time to send for his or her parents or other person or persons legally responsible for his or her care, and for counsel, and adjourn the hear- ing for that purpose. (b) After hearing, the judge shall order the release of the child to the custody of his parent or other person legally responsible for his care if the court does not appear to have jurisdiction. (c) An order of release under this section may, but need not, be conditioned upon the giving of a recognizance in accord with [sections] SECTION seven hundred twenty-four (b) (i). [(d) Upon a finding of facts and reasons which support a detention order pursuant to this section, the court shall also determine and state in any order directing detention: (i) that there is no substantial likelihood that the youth and his or her family will continue to benefit from diversion services and that all available alternatives to detention have been exhausted; and (ii) whether continuation of the child in the child's home would be contrary to the best interests of the child based upon, and limited to, the facts and circumstances available to the court at the time of the hearing held in accordance with this section; and (iii) where appropriate, whether reasonable efforts were made prior to the date of the court hearing that resulted in the detention order, to prevent or eliminate the need for removal of the child from his or her home or, if the child had been removed from his or her home prior to the court appearance pursuant to this section, where appropriate, whether reasonable efforts were made to make it possible for the child to safely return home; and (iv) whether the setting of the detention takes into account the prox- imity to the community in which the person alleged to be or adjudicated as a person in need of supervision lives with such person's parents or to which such person will be discharged, and the existing educational setting of such person and the proximity of such setting to the location of the detention setting.] S 37. Section 729 of the family court act is REPEALED. S 38. Section 735 of the family court act, as added by section 7 of part E of chapter 57 of the laws of 2005, subdivision (b) as amended by chapter 38 of the laws of 2014, and paragraph (i) of subdivision (d) as amended by chapter 535 of the laws of 2011, is amended to read as follows: S 735. Preliminary procedure; diversion services. (a) Each county and any city having a population of one million or more shall offer diver- S. 2006 88 A. 3006 sion services as defined in section seven hundred twelve of this article to youth who are at risk of being the subject of a person in need of supervision petition. Such services shall be designed to provide an immediate response to families in crisis[, to identify and utilize appropriate alternatives to detention] and to divert youth from being the subject of a petition in family court. Each county and such city shall designate either the local social services district or the probation department as lead agency for the purposes of providing diver- sion services. (b) The designated lead agency shall: (i) confer with any person seeking to file a petition, the youth who may be a potential respondent, his or her family, and other interested persons, concerning the provision of diversion services before any peti- tion may be filed; and (ii) diligently attempt to prevent the filing of a petition under this article or, after the petition is filed, to prevent the placement of the youth [into foster care] IN ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE; and (iii) assess whether the youth would benefit from residential respite services; and (iv) ASSESS WHETHER THE YOUTH IS A SEXUALLY EXPLOITED CHILD AS DEFINED IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW AND, IF SO, WHETHER SUCH YOUTH SHOULD BE REFERRED TO A SAFE HOUSE; AND (V) determine whether [alternatives to detention are appropriate to avoid remand of the youth to detention] THE YOUTH AND HIS OR HER FAMILY SHOULD BE REFERRED TO AN AVAILABLE FAMILY SUPPORT CENTER; and [(v)] (VI) determine whether an assessment of the youth for substance use disorder by an office of alcoholism and substance abuse services certified provider is necessary when a person seeking to file a petition alleges in such petition that the youth is suffering from a substance use disorder which could make the youth a danger to himself or herself or others. Provided, however, that notwithstanding any other provision of law to the contrary, the designated lead agency shall not be required to pay for all or any portion of the costs of such assessment or for any substance use disorder or detoxification services, except in cases where medical assistance for needy persons may be used to pay for all or any portion of the costs of such assessment or services. The office of alco- holism and substance abuse services shall make a list of its certified providers available to the designated lead agency. (c) Any person or agency seeking to file a petition pursuant to this article which does not have attached thereto the documentation required by subdivision (g) of this section shall be referred by the clerk of the court to the designated lead agency which shall schedule and hold, on reasonable notice to the potential petitioner, the youth and his or her parent or other person legally responsible for his or her care, at least one conference in order to determine the factual circumstances and determine whether the youth and his or her family should receive diver- sion services pursuant to this section. Diversion services shall include clearly documented diligent attempts to provide appropriate services to the youth and his or her family unless it is determined that there is no substantial likelihood that the youth and his or her family will benefit from further diversion attempts. Notwithstanding the provisions of section two hundred sixteen-c of this act, the clerk shall not accept for filing under this part any petition that does not have attached thereto the documentation required by subdivision (g) of this section. S. 2006 89 A. 3006 (d) Diversion services shall include documented diligent attempts to engage the youth and his or her family in appropriately targeted commu- nity-based services, but shall not be limited to: (i) providing, at the first contact, information on the availability of or a referral to services in the geographic area where the youth and his or her family are located that may be of benefit in avoiding the need to file a petition under this article; including the availability, for up to twenty-one days, of a residential respite program, if the youth and his or her parent or other person legally responsible for his or her care agree, and the availability of other non-residential crisis intervention programs such as A FAMILY SUPPORT CENTER, family crisis counseling or alternative dispute resolution programs or an educational program as defined in section four hundred fifty-eight-l of the social services law. (ii) scheduling and holding at least one conference with the youth and his or her family and the person or representatives of the entity seek- ing to file a petition under this article concerning alternatives to filing a petition and services that are available. Diversion services shall include clearly documented diligent attempts to provide appropri- ate services to the youth and his or her family before it may be deter- mined that there is no substantial likelihood that the youth and his or her family will benefit from further attempts. (iii) where the entity seeking to file a petition is a school district or local educational agency, the designated lead agency shall review the steps taken by the school district or local educational agency to improve the youth's attendance and/or conduct in school and attempt to engage the school district or local educational agency in further diver- sion attempts, if it appears from review that such attempts will be beneficial to the youth. (e) The designated lead agency shall maintain a written record with respect to each youth and his or her family for whom it considers providing or provides diversion services pursuant to this section. The record shall be made available to the court at or prior to the initial appearance of the youth in any proceeding initiated pursuant to this article. (f) Efforts to prevent the filing of a petition pursuant to this section may extend until the designated lead agency determines that there is no substantial likelihood that the youth and his or her family will benefit from further attempts. Efforts at diversion pursuant to this section may continue after the filing of a petition where the designated lead agency determines that the youth and his or her family will benefit from further attempts to prevent PLACEMENT OF the youth [from entering foster care] IN ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE. (g) (i) The designated lead agency shall promptly give written notice to the potential petitioner whenever attempts to prevent the filing of a petition have terminated, and shall indicate in such notice whether efforts were successful. The notice shall also detail the diligent attempts made to divert the case if a determination has been made that there is no substantial likelihood that the youth will benefit from further attempts. No persons in need of supervision petition may be filed pursuant to this article during the period the designated lead agency is providing diversion services. A finding by the designated lead agency that the case has been successfully diverted shall constitute presumptive evidence that the underlying allegations have been success- fully resolved in any petition based upon the same factual allegations. S. 2006 90 A. 3006 No petition may be filed pursuant to this article by the parent or other person legally responsible for the youth where diversion services have been terminated because of the failure of the parent or other person legally responsible for the youth to consent to or actively participate. (ii) The clerk of the court shall accept a petition for filing only if it has attached thereto the following: (A) if the potential petitioner is the parent or other person legally responsible for the youth, a notice from the designated lead agency indicating there is no bar to the filing of the petition as the poten- tial petitioner consented to and actively participated in diversion services; and (B) a notice from the designated lead agency stating that it has terminated diversion services because it has determined that there is no substantial likelihood that the youth and his or her family will benefit from further attempts, and that the case has not been successfully diverted. (h) No statement made to the designated lead agency or to any agency or organization to which the potential respondent, prior to the filing of the petition, or if the petition has been filed, prior to the time the respondent has been notified that attempts at diversion will not be made or have been terminated, or prior to the commencement of a fact- finding hearing if attempts at diversion have not terminated previously, may be admitted into evidence at a fact-finding hearing or, if the proceeding is transferred to a criminal court, at any time prior to a conviction. S 39. Section 739 of the family court act, as amended by chapter 920 of the laws of 1982, subdivision (a) as amended by section 10 of part G of chapter 58 of the laws of 2010, subdivision (c) as added by chapter 145 of the laws of 2000, is amended to read as follows: S 739. Release or [detention] REFERRAL after filing of petition and prior to order of disposition. [(a)] After the filing of a petition under section seven hundred thirty-two of this part, the court in its discretion may release the respondent [or direct his or her detention]. If the respondent may be a sexually exploited child as defined in subdi- vision one of section four hundred forty-seven-a of the social services law, the court may direct the respondent to an available short-term safe house [as an alternative to detention. However, the court shall not direct detention unless it finds and states the facts and reasons for so finding that unless the respondent is detained there is a substantial probability that the respondent will not appear in court on the return date and all available alternatives to detention have been exhausted. (b) Unless the respondent waives a determination that probable cause exists to believe that he is a person in need of supervision, no detention under this section may last more than three days (i) unless the court finds, pursuant to the evidentiary standards applicable to a hearing on a felony complaint in a criminal court, that such probable cause exists, or (ii) unless special circumstances exist, in which cases such detention may be extended not more than an additional three days exclusive of Saturdays, Sundays and public holidays. (c) Upon a finding of facts and reasons which support a detention order pursuant to subdivision (a) of this section, the court shall also determine and state in any order directing detention: (i) whether continuation of the respondent in the respondent's home would be contrary to the best interests of the respondent based upon, and limited to, the facts and circumstance available to the court at the time of the court's determination in accordance with this section; and S. 2006 91 A. 3006 (ii) where appropriate, whether reasonable efforts were made prior to the date of the court order directing detention in accordance with this section, to prevent or eliminate the need for removal of the respondent from his or her home or, if the respondent had been removed from his or her home prior to the court appearance pursuant to this section, where appropriate, whether reasonable efforts were made to make it possible for the respondent to safely return home]. S 40. Section 741-a of the family court act, as amended by section 3 of part B of chapter 327 of the laws of 2007, is amended to read as follows: S 741-a. Notice and right to be heard. The foster parent caring for [the child] A SEXUALLY EXPLOITED CHILD PLACED IN ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE or any pre-adoptive parent or relative providing care for the respondent shall be provided with notice of any permanency hearing held pursuant to this article by the social services official. Such foster parent, pre-adoptive parent or relative shall have the right to be heard at any such hearing; provided, however, no such foster parent, pre-adoptive parent or relative shall be construed to be a party to the hearing solely on the basis of such notice and right to be heard. The failure of the foster parent, pre-a- doptive parent, or relative caring for the child to appear at a perman- ency hearing shall constitute a waiver of the right to be heard and such failure to appear shall not cause a delay of the permanency hearing nor shall such failure to appear be a ground for the invalidation of any order issued by the court pursuant to this section. S 41. Section 747 of the family court act is REPEALED. S 42. Section 748 of the family court act is REPEALED. S 43. Subdivision (b) of section 749 of the family court act, as amended by chapter 806 of the laws of 1973, is amended to read as follows: (b) On its own motion, the court may adjourn the proceedings on conclusion of a fact-finding hearing or during a dispositional hearing to enable it to make inquiry into the surroundings, conditions and capacities of the respondent. An [adjournment on the court's motion may not be for a period of more than ten days if the respondent is detained, in which case not more than a total of two such adjournments may be granted in the absence of special circumstances. If the respondent is not detained, an] adjournment may be for a reasonable time, but the total number of adjourned days may not exceed two months. S 44. Paragraph (a) of subdivision 2 of section 754 of the family court act, as amended by chapter 7 of the laws of 1999, is amended to read as follows: (a) The order shall state the court's reasons for the particular disposition. If the court places the child in accordance with section seven hundred fifty-six of this part, the court in its order shall determine: (i) whether continuation in the child's home would be contra- ry to the best interest of the child and where appropriate, that reason- able efforts were made prior to the date of the dispositional hearing held pursuant to this article to prevent or eliminate the need for removal of the child from his or her home and, if the child was removed from his or her home prior to the date of such hearing, that such removal was in the child's best interest and, where appropriate, reason- able efforts were made to make it possible for the child to return safe- ly home. If the court determines that reasonable efforts to prevent or eliminate the need for removal of the child from the home were not made but that the lack of such efforts was appropriate under the circum- S. 2006 92 A. 3006 stances, the court order shall include such a finding; and (ii) in the case of a child who has attained the age of sixteen, the services need- ed, if any, to assist the child to make the transition from foster care to independent living. [Nothing in this subdivision shall be construed to modify the standards for directing detention set forth in section seven hundred thirty-nine of this article.] S 45. Section 756 of the family court act, as amended by chapter 920 of the laws of 1982, paragraph (i) of subdivision (a) as amended by chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii) of subdivision (a) as amended by section 11 of part G of chapter 58 of the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of 1999, and subdivision (c) as amended by section 10 of part E of chapter 57 of the laws of 2005, is amended to read as follows: S 756. Placement. (a) (i) For purposes of section seven hundred fifty-four, the court may place the child in its own home or in the custody of a suitable relative or other suitable private person [or a commissioner of social services], subject to the orders of the court. (ii) [Where the child is placed] IF THE COURT FINDS THAT THE RESPOND- ENT IS A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE COURT MAY PLACE THE CHILD with the commissioner of the local social services district[, the court] AND may direct the commissioner to place the child with an authorized agency or class of authorized agencies, including[, if the court finds that the respondent is a sexually exploited child as defined in subdivision one of section four hundred forty-seven-a of the social services law,] an available long-term safe house. Unless the dispositional order provides otherwise, the court so directing shall include one of the following alternatives to apply in the event that the commissioner is unable to so place the child: (1) the commissioner shall apply to the court for an order to stay, modify, set aside, or vacate such directive pursuant to the provisions of section seven hundred sixty-two or seven hundred sixty-three; or (2) the commissioner shall return the child to the family court for a new dispositional hearing and order. (b) Placements under this section may be for an initial period of twelve months. The court may extend a placement pursuant to section seven hundred fifty-six-a. In its discretion, the court may recommend restitution or require services for public good pursuant to section seven hundred fifty-eight-a in conjunction with an order of placement. For the purposes of calculating the initial period of placement, such placement shall be deemed to have commenced sixty days after the date the child was removed from his or her home in accordance with the provisions of this article. [If the respondent has been in detention pending disposition, the initial period of placement ordered under this section shall be credited with and diminished by the amount of time spent by the respondent in detention prior to the commencement of the placement unless the court finds that all or part of such credit would not serve the best interests of the respondent. (c) A placement pursuant to this section with the commissioner of social services shall not be directed in any detention facility, but the court may direct detention pending transfer to a placement authorized and ordered under this section for no more than than fifteen days after such order of placement is made. Such direction shall be subject to extension pursuant to subdivision three of section three hundred nine- ty-eight of the social services law, upon written documentation to the office of children and family services that the youth is in need of S. 2006 93 A. 3006 specialized treatment or placement and the diligent efforts by the commissioner of social services to locate an appropriate placement.] S 46. Section 758-a of the family court act, as amended by chapter 73 of the laws of 1979, subdivision 1 as amended by chapter 4 of the laws of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the laws of 2007, subdivision 2 as amended by chapter 309 of the laws of 1996, and subdivision 3 as separately amended by chapter 568 of the laws of 1979, is amended to amended to read as follows: S 758-a. Restitution. 1. In cases involving acts of [infants] CHILDREN over [ten] TWELVE and less than [sixteen] EIGHTEEN years of age, the court may (a) recommend as a condition of placement, or order as a condition of probation or suspended judgment, restitution in an amount representing a fair and reasonable cost to replace the property or repair the damage caused by the [infant] CHILD, not, however, to exceed one thousand dollars. [In the case of a placement, the court may recommend that the infant pay out of his or her own funds or earnings the amount of replacement or damage, either in a lump sum or in periodic payments in amounts set by the agency with which he is placed, and in the case of probation or suspended judgment, the] THE court may require that the [infant] CHILD pay out of his or her own funds or earnings the amount of replacement or damage, either in a lump sum or in periodic payments in amounts set by the court; and/or (b) order as a condition of placement, probation, or suspended judg- ment, services for the public good including in the case of a crime involving willful, malicious, or unlawful damage or destruction to real or personal property maintained as a cemetery plot, grave, burial place, or other place of interment of human remains, services for the mainte- nance and repair thereof, taking into consideration the age and physical condition of the [infant] CHILD. 2. [If the court recommends restitution or requires services for the public good in conjunction with an order of placement pursuant to section seven hundred fifty-six, the placement shall be made only to an authorized agency which has adopted rules and regulations for the super- vision of such a program, which rules and regulations shall be subject to the approval of the state department of social services. Such rules and regulations shall include, but not be limited to provisions (i) assuring that the conditions of work, including wages, meet the stand- ards therefor prescribed pursuant to the labor law; (ii) affording coverage to the child under the workers' compensation law as an employee of such agency, department or institution; (iii) assuring that the enti- ty receiving such services shall not utilize the same to replace its regular employees; and (iv) providing for reports to the court not less frequently than every six months, unless the order provides otherwise. 3.] If the court requires restitution or services for the public good [as a condition of probation or suspended judgment], it shall provide that an agency or person supervise the restitution or services and that such agency or person report to the court not less frequently than every six months, unless the order provides otherwise. Upon the written notice sent by a school district to the court and the appropriate probation department or agency which submits probation recommendations or reports to the court, the court may provide that such school district shall supervise the performance of services for the public good. [4.] 3. The court, upon receipt of the reports provided for in subdi- vision two [or three] of this section may, on its own motion or the S. 2006 94 A. 3006 motion of any party or the agency, hold a hearing to determine whether the [placement] CONDITION should be altered or modified. S 47. Section 774 of the family court act is amended to read as follows: S 774. Action on petition for transfer. On receiving a petition under section seven hundred seventy-three, the court may proceed under sections seven hundred thirty-seven, seven hundred thirty-eight or seven hundred thirty-nine with respect to the issuance of a summons or warrant [and sections seven hundred twenty-seven and seven hundred twenty-nine govern questions of detention and failure to comply with a promise to appear]. Due notice of the petition and a copy of the petition shall also be served personally or by mail upon the office of the locality chargeable for the support of the person involved and upon the person involved and his parents and other persons. S 48. Section 153-k of the social services law is amended by adding a new subdivision 2-a to read as follows: 2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, COMMENCING JANUARY FIRST, TWO THOUSAND SEVENTEEN, STATE REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPENDITURES MADE BY SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS MADE AVAILABLE FOR SUCH PURPOSES, FOR PREVENTIVE SERVICES, AFTERCARE SERVICES, INDE- PENDENT LIVING SERVICES AND FOSTER CARE SERVICES PROVIDED TO YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH ABSENT THE PROVISIONS IN A CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE. S 49. Subdivisions 5 and 6 of section 371 of the social services law, subdivision 5 as added by chapter 690 of the laws of 1962, and subdivi- sion 6 as amended by chapter 596 of the laws of 2000, are amended to read as follows: 5. "Juvenile delinquent" means a person [over seven and less than sixteen years of age who does any act which, if done by an adult, would constitute a crime] AS DEFINED IN SECTION 301.2 OF THE FAMILY COURT ACT. 6. "Person in need of supervision" means a person [less than eighteen years of age who is habitually truant or who is incorrigible, ungoverna- ble or habitually disobedient and beyond the lawful control of a parent or other person legally responsible for such child's care, or other lawful authority] AS DEFINED IN SECTION SEVEN HUNDRED TWELVE OF THE FAMILY COURT ACT. S 50. Article 6 of the social services law is amended by adding a new title 12 to read as follows: TITLE 12 FAMILY SUPPORT CENTERS SECTION 458-M. FAMILY SUPPORT CENTERS. 458-N. FUNDING FOR FAMILY SUPPORT CENTERS. S 458-M. FAMILY SUPPORT CENTERS. 1. AS USED IN THIS TITLE, THE TERM "FAMILY SUPPORT CENTER" SHALL MEAN A PROGRAM ESTABLISHED PURSUANT TO THIS TITLE TO PROVIDE COMMUNITY-BASED SUPPORTIVE SERVICES TO CHILDREN AND FAMILIES WITH THE GOAL OF PREVENTING A CHILD FROM BEING ADJUDICATED A PERSON IN NEED OF SUPERVISION UNDER ARTICLE SEVEN OF THE FAMILY COURT ACT. 2. FAMILY SUPPORT CENTERS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH CHILDREN AND THEIR FAMILIES, EITHER DIRECTLY OR THROUGH REFERRALS WITH PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO: (A) RAPID FAMILY ASSESSMENTS AND SCREENINGS; (B) CRISIS INTERVENTION; S. 2006 95 A. 3006 (C) FAMILY MEDIATION AND SKILLS BUILDING; (D) MENTAL AND BEHAVIORAL HEALTH SERVICES INCLUDING COGNITIVE INTER- VENTIONS; (E) CASE MANAGEMENT; (F) RESPITE SERVICES; AND (G) OTHER FAMILY SUPPORT SERVICES. 3. TO THE EXTENT PRACTICABLE, THE SERVICES THAT ARE PROVIDED SHALL BE TRAUMA SENSITIVE, FAMILY FOCUSED, GENDER-RESPONSIVE, WHERE APPROPRIATE, AND EVIDENCE AND/OR STRENGTH BASED AND SHALL BE TAILORED TO THE INDIVID- UALIZED NEEDS OF THE CHILD AND FAMILY BASED ON THE ASSESSMENTS AND SCREENINGS CONDUCTED BY SUCH FAMILY SUPPORT CENTER. 4. FAMILY SUPPORT CENTERS SHALL HAVE THE CAPACITY TO SERVE FAMILIES OUTSIDE OF REGULAR BUSINESS HOURS INCLUDING EVENINGS OR WEEKENDS. S 458-N. FUNDING FOR FAMILY SUPPORT CENTERS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, TO THE EXTENT THAT FUNDS ARE AVAILABLE FOR SUCH PURPOSE, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DISTRIBUTE FUNDING TO THE HIGHEST NEED SOCIAL SERVICES DISTRICTS TO CONTRACT WITH NOT-FOR-PROFIT CORPORATIONS TO OPERATE FAMILY SUPPORT CENTERS IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC PROGRAM MODEL REQUIREMENTS ISSUED BY THE OFFICE. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN DETERMINING THE HIGHEST NEED SOCIAL SERVICES DISTRICTS PURSUANT TO THIS SUBDIVISION, THE OFFICE MAY CONSIDER FACTORS THAT MAY INCLUDE, BUT ARE NOT NECESSARILY LIMITED TO: (A) THE TOTAL AMOUNT OF AVAILABLE FUNDING AND THE AMOUNT OF FUNDING REQUIRED FOR FAMILY SUPPORT CENTERS TO MEET THE OBJECTIVES OUTLINED IN SECTION 458-M OF THIS TITLE; (B) RELEVANT, AVAILABLE STATISTICS REGARDING EACH DISTRICT, WHICH MAY INCLUDE, BUT NOT NECESSARILY BE LIMITED TO: (I) THE AVAILABILITY OF SERVICES WITHIN SUCH DISTRICT TO PREVENT OR REDUCE DETENTION OR RESIDENTIAL PLACEMENT OF YOUTH PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT; (II) RELATIVE TO THE YOUTH POPULATION OF SUCH SOCIAL SERVICES DISTRICT: (1) THE NUMBER OF PETITIONS FILED PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT; OR (2) THE NUMBER OF PLACEMENTS OF YOUTH INTO RESIDENTIAL CARE OR DETENTION PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT; (C) ANY REPORTED PERFORMANCE OUTCOMES REPORTED TO THE OFFICE PURSUANT TO SUBDIVISION THREE OF THIS SECTION FOR PROGRAMS THAT PREVIOUSLY RECEIVED FUNDING PURSUANT TO THIS TITLE; OR (D) OTHER APPROPRIATE FACTORS AS DETERMINED BY THE OFFICE. 3. SOCIAL SERVICES DISTRICTS RECEIVING FUNDING UNDER THIS TITLE SHALL REPORT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN THE FORM AND MANNER AND AT SUCH TIMES AS DETERMINED BY THE OFFICE, ON THE PERFORMANCE OUTCOMES OF ANY FAMILY SUPPORT CENTER LOCATED WITHIN SUCH DISTRICT THAT RECEIVES FUNDING UNDER THIS TITLE. S 51. Subdivisions 3, 3-a, 11 and 12 of section 398 of the social services law, subdivision 3 as amended by chapter 419 of the laws of 1987, paragraph (c) of subdivision 3 as amended by section 19 of part E of chapter 57 of the laws of 2005, subdivision 3-a as added by section 1 of subpart B of part G of chapter 57 of the laws of 2012, subdivision 11 as added by chapter 514 of the laws of 1976 and subdivision 12 as amended by section 12 of subpart B of part Q of chapter 58 of the laws of 2011, are amended to read as follows: 3. As to delinquent children [and persons in need of supervision]: S. 2006 96 A. 3006 (a) Investigate complaints as to alleged delinquency of a child. (b) Bring such case of alleged delinquency when necessary before the family court. (c) Receive within fifteen days from the order of placement as a public charge any delinquent child committed or placed [or person in need of supervision placed] in his or her care by the family court provided, however, that the commissioner of the social services district with whom the child is placed may apply to the state commissioner or his or her designee for approval of an additional fifteen days, upon written documentation to the office of children and family services that the youth is in need of specialized treatment or placement and the diligent efforts by the commissioner of social services to locate an appropriate placement. [3-a. As to delinquent children: (a)] (D) (1) Conditionally release any juvenile delinquent placed with the district to aftercare whenever the district determines conditional release to be consistent with the needs and best interests of such juve- nile delinquent, that suitable care and supervision can be provided, and that there is a reasonable probability that such juvenile delinquent can be conditionally released without endangering public safety; provided, however, that such conditional release shall be made in accordance with the regulations of the office of children and family services, and provided further that no juvenile delinquent while absent from a facili- ty or program without the consent of the director of such facility or program shall be conditionally released by the district solely by reason of the absence. (2) It shall be a condition of such release that a juvenile delinquent so released shall continue to be the responsibility of the social services district for the period provided in the order of placement. (3) The social services district may provide clothing, services and other necessities for any conditionally released juvenile delinquent, as may be required, including medical care and services not provided to such juvenile delinquent as medical assistance for needy persons pursu- ant to title eleven of article five of this chapter. (4) The social services district, pursuant to the regulations of the office of children and family services, may cause a juvenile delinquent to be returned to a facility operated and maintained by the district, or an authorized agency under contract with the district, at any time with- in the period of placement, where there is a violation of the conditions of release or a change of circumstances. (5) Juvenile delinquents conditionally released by a social services district may be provided for as follows: (i) If, in the opinion of the social services district, there is no suitable parent, relative or guardian to whom a juvenile delinquent can be conditionally released, and suitable care cannot otherwise be secured, the district may conditionally release such juvenile delinquent to the care of any other suitable person; provided that where such suit- able person has no legal relationship with the juvenile, the district shall advise such person of the procedures for obtaining custody or guardianship of the juvenile. (ii) If a conditionally released juvenile delinquent is subject to article sixty-five of the education law or elects to participate in an educational program leading to a high school diploma, he or she shall be enrolled in a school or educational program leading to a high school diploma following release, or, if such release occurs during the summer recess, upon the commencement of the next school term. If a condi- S. 2006 97 A. 3006 tionally released juvenile delinquent is not subject to article sixty- five of the education law, and does not elect to participate in an educational program leading to a high school diploma, steps shall be taken, to the extent possible, to facilitate his or her gainful employ- ment or enrollment in a vocational program following release. [(b)] (E) When a juvenile delinquent placed with the social services district is absent from placement without consent, such absence shall interrupt the calculation of time for his or her placement. Such inter- ruption shall continue until such juvenile delinquent returns to the facility or authorized agency in which he or she was placed. Provided, however, that any time spent by a juvenile delinquent in custody from the date of absence to the date placement resumes shall be credited against the time of such placement provided that such custody: (1) was due to an arrest or surrender based upon the absence; or (2) arose from an arrest or surrender on another charge which did not culminate in a conviction, adjudication or adjustment. [(c)] (F) In addition to the other requirements of this section, no juvenile delinquent placed with a social services district operating an approved juvenile justice services close to home initiative pursuant to section four hundred four of this chapter pursuant to a restrictive placement under the family court act shall be released except pursuant to section 353.5 of the family court act. 11. In the case of [a child who is adjudicated a person in need of supervision or] a juvenile delinquent and is placed by the family court with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and who is placed by [the division for youth] SUCH OFFICE with an authorized agency pursuant to court order, the social services official shall make expenditures in accordance with the regulations of the department for the care and maintenance of such child during the term of such placement subject to state reimbursement pursuant to SECTION ONE HUNDRED FIFTY-THREE-K OF this title[, or article nineteen-G of the executive law in applicable cases]. 12. A social services official shall be permitted to place persons adjudicated [in need of supervision or] delinquent[, and alleged persons to be in need of supervision] in detention pending transfer to a place- ment, in the same foster care facilities as are providing care to desti- tute, neglected, abused or abandoned children. Such foster care facili- ties shall not provide care to a youth in the care of a social services official as a convicted juvenile offender. S 52. Subdivision 8 of section 404 of the social services law, as added by section 1 of subpart A of part G of chapter 57 of the laws of 2012, is amended to read as follows: 8. (a) Notwithstanding any other provision of law to the contrary[,] EXCEPT AS PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION, eligible expenditures during the applicable time periods made by a social services district for an approved juvenile justice services close to home initiative shall, if approved by the department of family assist- ance, be subject to reimbursement with state funds only up to the extent of an annual appropriation made specifically therefor, after first deducting therefrom any federal funds properly received or to be received on account thereof; provided, however, that when such funds have been exhausted, a social services district may receive state reimbursement from other available state appropriations for that state fiscal year for eligible expenditures for services that otherwise would be reimbursable under such funding streams. Any claims submitted by a social services district for reimbursement for a particular state fiscal S. 2006 98 A. 3006 year for which the social services district does not receive state reimbursement from the annual appropriation for the approved close to home initiative may not be claimed against that district's appropriation for the initiative for the next or any subsequent state fiscal year. (i) State funding for reimbursement shall be, subject to appropri- ation, in the following amounts: for state fiscal year 2013-14, $35,200,000 adjusted by any changes in such amount required by subpara- graphs (ii) and (iii) of this paragraph; for state fiscal year 2014-15, $41,400,000 adjusted to include the amount of any changes made to the state fiscal year 2013-14 appropriation under subparagraphs (ii) and (iii) of this paragraph plus any additional changes required by such subparagraphs; and, such reimbursement shall be, subject to appropri- ation, for all subsequent state fiscal years in the amount of the prior year's actual appropriation adjusted by any changes required by subpara- graphs (ii) and (iii) of this paragraph. (ii) The reimbursement amounts set forth in subparagraph (i) of this paragraph shall be increased or decreased by the percentage that the average of the most recently approved maximum state aid rates for group residential foster care programs is higher or lower than the average of the approved maximum state aid rates for group residential foster care programs in existence immediately prior to the most recently approved rates. (iii) The reimbursement amounts set forth in subparagraph (i) of this paragraph shall be increased if either the population of alleged juve- nile delinquents who receive a probation intake or the total population of adjudicated juvenile delinquents placed on probation combined with the population of adjudicated juvenile delinquents placed out of their homes in a setting other than a secure facility pursuant to section 352.2 of the family court act, increases by at least ten percent over the respective population in the annual baseline year. The baseline year shall be the period from July first, two thousand ten through June thir- tieth, two thousand eleven or the most recent twelve month period for which there is complete data, whichever is later. In each successive year, the population of the previous July first through June thirtieth period shall be compared to the baseline year for determining any adjustments to a state fiscal year appropriation. When either population increases by ten percent or more, the reimbursement will be adjusted by a percentage equal to the larger of the percentage increase in either the number of probation intakes for alleged juvenile delinquents or the total population of adjudicated juvenile delinquents placed on probation combined with the population of adjudicated juvenile delinquents placed out of their homes in a setting other than a secure facility pursuant to section 352.2 of the family court act. (iv) The social services district and/or the New York city department of probation shall provide an annual report including the data required to calculate the population adjustment to the New York city office of management and budget, the division of criminal justice services and the state division of the budget no later than the first day of September following the close of the previous July first through June thirtieth period. (A-1) COMMENCING JANUARY FIRST, TWO THOUSAND SEVENTEEN, STATE REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF ELIGI- BLE EXPENDITURES MADE BY A SOCIAL SERVICES DISTRICT, EXCLUSIVE OF ANY FEDERAL FUNDS MADE AVAILABLE FOR SUCH PURPOSES, FOR APPROVED JUVENILE JUSTICE SERVICES UNDER AN APPROVED CLOSE TO HOME INITIATIVE PROVIDED TO YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD NOT S. 2006 99 A. 3006 OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH ABSENT THE PROVISIONS IN A CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE. (b) The department of family assistance is authorized, in its discretion, to make advances to a social services district in antic- ipation of the state reimbursement provided for in this section. (c) A social services district shall conduct eligibility determi- nations for federal and state funding and submit claims for reimburse- ment in such form and manner and at such times and for such periods as the department of family assistance shall determine. (d) Notwithstanding any inconsistent provision of law or regulation of the department of family assistance, state reimbursement shall not be made for any expenditure made for the duplication of any grant or allow- ance for any period. (e) Claims submitted by a social services district for reimbursement shall be paid after deducting any expenditures defrayed by fees, third party reimbursement, and any non-tax levy funds including any donated funds. (f) The office of children and family services shall not reimburse any claims for expenditures for residential services that are submitted more than twenty-two months after the calendar quarter in which the expendi- tures were made. (g) Notwithstanding any other provision of law, the state shall not be responsible for reimbursing a social services district and a district shall not seek state reimbursement for any portion of any state disal- lowance or sanction taken against the social services district, or any federal disallowance attributable to final federal agency decisions or to settlements made, when such disallowance or sanction results from the failure of the social services district to comply with federal or state requirements, including, but not limited to, failure to document eligi- bility for the federal or state funds in the case record. To the extent that the social services district has sufficient claims other than those that are subject to disallowance or sanction to draw down the full annu- al appropriation, such disallowance or sanction shall not result in a reduction in payment of state funds to the district unless the district requests that the department use a portion of the appropriation toward meeting the district's responsibility to repay the federal government for the disallowance or sanction and any related interest payments. (h) Rates for residential services. (i) The office shall establish the rates, in accordance with section three hundred ninety-eight-a of this chapter, for any non-secure facilities established under an approved juvenile justice services close to home initiative. For any such non-se- cure facility that will be used primarily by the social services district with an approved close to home initiative, final authority for establishment of such rates and any adjustments thereto shall reside with the office, but such rates and any adjustments thereto shall be established only upon the request of, and in consultation with, such social services district. (ii) A social services district with an approved juvenile justice services close to home initiative for juvenile delinquents placed in limited secure settings shall have the authority to establish and adjust, on an annual or regular basis, maintenance rates for limited secure facilities providing residential services under such initiative. Such rates shall not be subject to the provisions of section three hundred ninety-eight-a of this chapter but shall be subject to maximum cost limits established by the office of children and family services. S. 2006 100 A. 3006 S 53. Paragraph (a) of subdivision 1 of section 409-a of the social services law, as amended by chapter 87 of the laws of 1993, subparagraph (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii) as amended by section 22 of part C of chapter 83 of the laws of 2002, is amended to read as follows: (a) A social services official shall provide preventive services to a child and his or her family, in accordance with the family's service plan as required by section four hundred nine-e of this chapter and the social services district's child welfare services plan submitted and approved pursuant to section four hundred nine-d of this chapter, upon a finding by such official that [(i)] the child will be placed, returned to or continued in foster care unless such services are provided and that it is reasonable to believe that by providing such services the child will be able to remain with or be returned to his or her family, and for a former foster care youth under the age of twenty-one who was previously placed in the care and custody or custody and guardianship of the local commissioner of social services or other officer, board or department authorized to receive children as public charges where it is reasonable to believe that by providing such services the former foster care youth will avoid a return to foster care [or (ii) the child is the subject of a petition under article seven of the family court act, or has been determined by the assessment service established pursuant to section two hundred forty-three-a of the executive law, or by the probation service where no such assessment service has been designated, to be at risk of being the subject of such a petition, and the social services official determines that the child is at risk of placement into foster care]. Such finding shall be entered in the child's uniform case record established and maintained pursuant to section four hundred nine-f of this chapter. The commissioner shall promulgate regulations to assist social services officials in making determinations of eligibility for mandated preventive services pursuant to this [subparagraph] PARA- GRAPH. S 54. Section 30.00 of the penal law, as amended by chapter 481 of the laws of 1978, subdivision 2 as amended by chapter 7 of the laws of 2007, is amended to read as follows: S 30.00 Infancy. 1. Except as provided in [subdivision] SUBDIVISIONS two AND THREE of this section, a person less than [sixteen] SEVENTEEN years old, OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, A PERSON LESS THAN EIGHTEEN YEARS OLD is not criminally responsible for conduct. 2. A person thirteen, fourteen [or], fifteen, OR SIXTEEN YEARS OF AGE OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, A PERSON SEVENTEEN years of age is criminally responsible for acts constituting murder in the second degree as defined in subdivisions one and two of section 125.25 and in subdivision three of such section provided that the under- lying crime for the murder charge is one for which such person is crimi- nally responsible or for such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; and a person fourteen [or], fifteen, OR SIXTEEN YEARS OF AGE OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN years of age is crimi- nally responsible for acts constituting the crimes defined in section 135.25 (kidnapping in the first degree); 150.20 (arson in the first degree); subdivisions one and two of section 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); subdivisions one and two of section 130.35 (rape in the first degree); subdivisions one and two of section 130.50 (criminal sexual act in the first degree); S. 2006 101 A. 3006 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); 150.15 (arson in the second degree); 160.15 (robbery in the first degree); subdivision two of section 160.10 (robbery in the second degree) of this chapter; or section 265.03 of this chapter, where such machine gun or such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of this chapter; or defined in this chapter as an attempt to commit murder in the second degree or kidnapping in the first degree, or for such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law. 3. A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGH- TEEN, SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTI- TUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS CHAPTER; ACTS CONSTITUTING ANY CRIME IN THIS CHAPTER THAT IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT IN THE SECOND DEGREE); 120.04 (VEHICULAR ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR ASSAULT); 125.10 (CRIMINALLY NEGLIGENT HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE); 125.12 (VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE); 125.14 (AGGRAVATED VEHICULAR HOMI- CIDE); 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMI- NAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI- BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF THIS CHAPTER WHEN COMMITTED AS A SEXUALLY MOTI- VATED FELONY; ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVI- SION THREE OF SECTION 490.05 OF THIS CHAPTER WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN ARTICLE 490 OF THIS CHAPTER; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPON- SIBLE. PROVIDED HOWEVER, A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING AN OFFENSE SET FORTH IN THE VEHICLE AND TRAFFIC LAW AND SHALL BE CONSIDERED A PERSON OVER THE AGE OF EIGHTEEN FOR THE PROSECUTION OF ACTS CONSTITUTING AN OFFENSE SET FORTH IN THE VEHICLE AND TRAFFIC LAW. 4. In any prosecution for an offense, lack of criminal responsibility by reason of infancy, as defined in this section, is a defense. S 55. Subdivision 2 of section 60.02 of the penal law, as amended by chapter 471 of the laws of 1980, is amended to read as follows: (2) If the sentence is to be imposed upon a youthful offender finding which has been substituted for a conviction for any felony, AND THE PERSON IS EIGHTEEN YEARS OF AGE OR YOUNGER, the court must impose a sentence authorized to be imposed upon a person convicted of a class E felony provided, however, that (A) the court must not impose a sentence S. 2006 102 A. 3006 of [conditional discharge or] unconditional discharge if the youthful offender finding was substituted for a conviction of a felony defined in article two hundred twenty of this chapter; AND (B) NOTWITHSTANDING PARAGRAPH (E) OF SUBDIVISION TWO OF SECTION 70.00 OF THIS TITLE, IF A TERM OF IMPRISONMENT IS IMPOSED, SUCH TERM SHALL BE A DEFINITE SENTENCE OF ONE YEAR OR LESS, OR A DETERMINATE SENTENCE, THE TERM OF WHICH MUST BE AT LEAST ONE YEAR AND MUST NOT EXCEED THREE YEARS, AND MUST INCLUDE, AS A PART THEREOF, A PERIOD OF POST-RELEASE SUPERVISION IN ACCORDANCE WITH SUBDIVISION TWO-B OF SECTION 70.45 OF THIS CHAPTER. IN ANY CASE, WHERE A COURT IMPOSES A SENTENCE OF IMPRISONMENT IN CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, SUCH IMPRISONMENT TERM SHALL NOT BE IN EXCESS OF SIX MONTHS, OR IN THE CASE OF AN INTERMITTENT TERM, NOT IN EXCESS OF FOUR MONTHS IN ACCORDANCE WITH PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION 60.01 OF THIS ARTICLE. S 56. Section 60.10 of the penal law, as amended by chapter 411 of the laws of 1979, is amended to read as follows: S 60.10 Authorized disposition; juvenile offender. 1. WHEN A JUVENILE OFFENDER IS CONVICTED OF A CLASS A FELONY, OTHER THAN MURDER IN THE SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON IN THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION 135.25 OF THIS CHAPTER, THE COURT SHALL SENTENCE THE DEFENDANT TO IMPRISONMENT PURSUANT TO THE PROVISIONS OF SECTION 70.00, 70.06, 70.07, 70.08, OR 70.71 OF THIS CHAPTER, AS APPLI- CABLE. When a juvenile offender is convicted of [a] ANY OTHER crime, the court shall sentence the defendant to imprisonment in accordance with section 70.05 or sentence [him] THE DEFENDANT upon a youthful offender finding in accordance with section 60.02 of this chapter. 2. Subdivision one of this section shall apply when sentencing a juve- nile offender notwithstanding the provisions of any other law that deals with the authorized sentence for persons who are not juvenile offenders. Provided, however, that the limitation prescribed by this section shall not be deemed or construed to bar use of a conviction of a juvenile offender, other than a juvenile offender who has been adjudicated a youthful offender pursuant to section 720.20 of the criminal procedure law, EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION as a previ- ous or predicate felony offender under section 70.04, 70.06, 70.07, 70.08 [or], 70.10, 70.70, 70.71, 70.80, OR 485.10 OF THIS CHAPTER, when sentencing a person who commits a felony after [he] SUCH PERSON has reached the age of [sixteen] SEVENTEEN AS OF JANUARY FIRST, TWO THOUSAND SEVENTEEN, AND EIGHTEEN AS OF JANUARY FIRST, TWO THOUSAND EIGHTEEN. 3. THE LIMITATION PRESCRIBED BY THIS SECTION SHALL NOT BE DEEMED OR CONSTRUED TO BAR USE OF A CONVICTION OF A JUVENILE OFFENDER WHO HAS BEEN ADJUDICATED A YOUTHFUL OFFENDER PURSUANT TO SECTION 720.20 OF THE CRIMI- NAL PROCEDURE LAW FOR AN OFFENSE COMMITTED WHEN SUCH PERSON WAS SIXTEEN OR SEVENTEEN YEARS OLD AS A PREVIOUS OR PREDICATE FELONY OFFENDER UNDER SECTION 70.04, 70.06, 70.07, 70.08, 70.10, 70.70, 70.71, 70.80 OR 485.10 OF THIS CHAPTER, WHEN SENTENCING A PERSON WHO COMMITS A VIOLENT FELONY AS DEFINED BY SUBDIVISION ONE OF SECTION 70.02 OF THIS TITLE AFTER SUCH PERSON HAS REACHED THE AGE OF SEVENTEEN AS OF JANUARY FIRST, TWO THOU- SAND SEVENTEEN AND EIGHTEEN AS OF JANUARY FIRST, TWO THOUSAND EIGHTEEN. S 57. Section 70.05 of the penal law, as added by chapter 481 of the laws of 1978, subdivision 1 as amended by chapter 615 of the laws of 1984, paragraph (e) of subdivision 2 as added and paragraph (c) of subdivision 3 as amended by chapter 435 of the laws of 1998, paragraph (a) of subdivision 3 as amended by chapter 174 of the laws of 2003, is amended to read as follows: S. 2006 103 A. 3006 S 70.05 Sentence of imprisonment for juvenile offender. 1. [Indeterminate sentence] SENTENCE. A sentence of imprisonment for a JUVENILE OFFENDER CONVICTED OF A CLASS A felony OTHER THAN MURDER IN THE SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON IN THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION 135.25 OF THIS CHAPTER, SHALL BE IMPOSED BY THE COURT PURSUANT TO THE PROVISIONS OF SECTION 70.00, 70.06, 70.07, 70.08, OR 70.71 OF THIS CHAPTER, AS APPLICABLE. A SENTENCE OF IMPRISONMENT FOR THE CLASS A-1 FELONY OF MURDER IN THE SECOND DEGREE committed by a juvenile offender shall be an indeterminate sentence. When such a sentence is imposed, the court shall impose [a] THE MINIMUM PERIOD OF IMPRISONMENT AND maximum term in accordance with the provisions of subdivision two of this section [and the minimum period of imprisonment shall be as provided in subdivision three of this section]. EXCEPT AS PROVIDED HERE- IN, A SENTENCE OF IMPRISONMENT FOR ANY OTHER FELONY COMMITTED BY A JUVE- NILE OFFENDER SHALL BE A DETERMINATE SENTENCE. WHEN SUCH A SENTENCE IS IMPOSED, THE COURT SHALL IMPOSE A TERM OF IMPRISONMENT IN WHOLE OR HALF YEARS IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION AND A PERIOD OF POST-RELEASE SUPERVISION IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION TWO-B OF SECTION 70.45 OF THIS ARTICLE. The court shall further provide that where a juvenile offender is under placement pursuant to article three of the family court act, any sentence imposed pursuant to this section which is to be served consec- utively with such placement shall be served in a facility designated pursuant to subdivision four of section 70.20 of this article prior to service of the placement in any previously designated facility. 2. [Maximum term of] INDETERMINATE sentence. [The maximum term of an indeterminate sentence for a juvenile offender shall be at least three years and the term shall be fixed as follows: (a)] For the class A felony of murder in the second degree, the MAXI- MUM term shall be life imprisonment; AND THE MINIMUM PERIOD OF IMPRISON- MENT SHALL BE SPECIFIED IN THE SENTENCE AS FOLLOWS: (A) WHERE THE DEFENDANT WAS THIRTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, THE MINIMUM PERIOD OF IMPRISONMENT SHALL BE AT LEAST FIVE YEARS BUT SHALL NOT EXCEED NINE YEARS; (B) WHERE THE DEFENDANT WAS FOURTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, THE MINIMUM PERIOD OF IMPRISONMENT SHALL BE AT LEAST SEVEN AND ONE-HALF YEARS BUT SHALL NOT EXCEED FIFTEEN YEARS; AND (C) WHERE THE DEFENDANT WAS SIXTEEN OR SEVENTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, THE MINIMUM PERIOD OF IMPRISONMENT SHALL BE AT LEAST TEN YEARS BUT SHALL NOT EXCEED FIFTEEN YEARS. [(b)] 3. DETERMINATE SENTENCE. (A) For the class A felony of arson in the first degree, or for the class A felony of kidnapping in the first degree WHERE: (I) THE DEFENDANT WAS FOURTEEN OR FIFTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE the DETERMINATE term shall be fixed by the court, and shall be at least [twelve] FOUR years but shall not exceed fifteen years; AND (II) THE DEFENDANT WAS SIXTEEN OR SEVENTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, THE DETERMINATE TERM SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST FOUR YEARS BUT SHALL NOT EXCEED TEN YEARS; [(c)] (B) For a class B felony, WHERE: (I) THE DEFENDANT WAS FOURTEEN OR FIFTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, the DETERMINATE term shall be fixed by the court, and shall BE AT LEAST ONE YEAR BUT SHALL not exceed [ten] SEVEN years; AND (II) THE DEFENDANT WAS SIXTEEN OR SEVENTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, THE DETERMINATE TERM SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST ONE YEAR BUT SHALL NOT EXCEED SEVEN YEARS; PROVIDED, HOWEVER, THAT WHERE THE DEFENDANT IS S. 2006 104 A. 3006 CONVICTED OF A CLASS B VIOLENT FELONY AND THE COURT FINDS AGGRAVATING CIRCUMSTANCES THAT BEAR DIRECTLY UPON THE MANNER IN WHICH THE CRIME WAS COMMITTED, INCLUDING THE SEVERITY OF INJURY TO THE VICTIM AND THE GRAVI- TY OF RISK TO PUBLIC SAFETY, THE COURT SHALL SENTENCE THE DEFENDANT PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE; [(d)] (C) For a class C felony, WHERE: (I) THE DEFENDANT WAS FOURTEEN OR FIFTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, the DETERMINATE term shall be fixed by the court, and shall BE AT LEAST ONE YEAR BUT SHALL not exceed [seven] FIVE years; and (II) THE DEFENDANT WAS SIXTEEN OR SEVENTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, THE DETERMINATE TERM SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST ONE YEAR BUT SHALL NOT EXCEED FIVE YEARS; [(e)] (D) For a class D felony, WHERE: (I) THE DEFENDANT WAS FOURTEEN OR FIFTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, the DETERMINATE term shall be fixed by the court, and shall BE AT LEAST ONE YEAR BUT SHALL not exceed [four] THREE years; AND (II) THE DEFENDANT WAS SIXTEEN OR SEVENTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, THE DETERMINATE TERM SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST ONE YEAR BUT SHALL NOT EXCEED THREE YEARS; AND (E) FOR A CLASS E FELONY, WHERE THE DEFENDANT WAS SIXTEEN OR SEVENTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, THE DETERMINATE TERM SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST ONE YEAR BUT SHALL NOT EXCEED TWO YEARS. [3. Minimum period of imprisonment. The minimum period of imprisonment under an indeterminate sentence for a juvenile offender shall be speci- fied in the sentence as follows: (a) For the class A felony of murder in the second degree, the minimum period of imprisonment shall be fixed by the court and shall be not less than five years but shall not exceed nine years provided, however, that where the sentence is for an offense specified in subdivision one or two of section 125.25 of this chapter and the defendant was fourteen or fifteen years old at the time of such offense, the minimum period of imprisonment shall be not less than seven and one-half years but shall not exceed fifteen years; (b) For the class A felony of arson in the first degree, or for the class A felony of kidnapping in the first degree, the minimum period of imprisonment shall be fixed by the court and shall be not less than four years but shall not exceed six years; and (c) For a class B, C or D felony, the minimum period of imprisonment shall be fixed by the court at one-third of the maximum term imposed.] S 58. Subdivision 1 of section 70.20 of the penal law, as amended by section 124 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 1. [(a)] Indeterminate or determinate sentence. Except as provided in subdivision four of this section, when an indeterminate or determinate sentence of imprisonment is imposed, the court shall commit the defend- ant to the custody of the state department of corrections and community supervision for the term of his or her sentence and until released in accordance with the law; provided, however, that a defendant sentenced pursuant to subdivision seven of section 70.06 shall be committed to the custody of the state department of corrections and community supervision for immediate delivery to a reception center operated by the department. [(b) The court in committing a defendant who is not yet eighteen years of age to the department of corrections and community supervision shall inquire as to whether the parents or legal guardian of the defendant, if S. 2006 105 A. 3006 present, will grant to the minor the capacity to consent to routine medical, dental and mental health services and treatment. (c) Notwithstanding paragraph (b) of this subdivision, where the court commits a defendant who is not yet eighteen years of age to the custody of the department of corrections and community supervision in accordance with this section and no medical consent has been obtained prior to said commitment, the commitment order shall be deemed to grant the capacity to consent to routine medical, dental and mental health services and treatment to the person so committed. (d) Nothing in this subdivision shall preclude a parent or legal guar- dian of an inmate who is not yet eighteen years of age from making a motion on notice to the department of corrections and community super- vision pursuant to article twenty-two of the civil practice law and rules and section one hundred forty of the correction law, objecting to routine medical, dental or mental health services and treatment being provided to such inmate under the provisions of paragraph (b) of this subdivision. (e) Nothing in this section shall require that consent be obtained from the parent or legal guardian, where no consent is necessary or where the defendant is authorized by law to consent on his or her own behalf to any medical, dental, and mental health service or treatment.] S 59. Subdivision 2 of section 70.20 of the penal law, as amended by chapter 437 of the laws of 2013, is amended to read as follows: 2. [(a)] Definite sentence. Except as provided in subdivision four of this section, when a definite sentence of imprisonment is imposed, the court shall commit the defendant to the county or regional correctional institution for the term of his sentence and until released in accord- ance with the law. [(b) The court in committing a defendant who is not yet eighteen years of age to the local correctional facility shall inquire as to whether the parents or legal guardian of the defendant, if present, will grant to the minor the capacity to consent to routine medical, dental and mental health services and treatment. (c) Nothing in this subdivision shall preclude a parent or legal guar- dian of an inmate who is not yet eighteen years of age from making a motion on notice to the local correction facility pursuant to article twenty-two of the civil practice law and rules and section one hundred forty of the correction law, objecting to routine medical, dental or mental health services and treatment being provided to such inmate under the provisions of paragraph (b) of this subdivision.] S 60. Subdivision 4 of section 70.20 of the penal law, as amended by section 124 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 4. (a) Notwithstanding any other provision of law to the contrary, a juvenile offender[,] or a juvenile offender who is adjudicated a youth- ful offender [and], WHO IS given an indeterminate or a definite sentence, AND WHO IS UNDER THE AGE OF TWENTY-ONE AT THE TIME OF SENTENC- ING, shall be committed to the custody of the commissioner of the office of children and family services who shall arrange for the confinement of such offender in [secure] facilities of the office. The release or transfer of such offenders from the office of children and family services shall be governed by section five hundred eight of the execu- tive law. IF THE JUVENILE OFFENDER OR JUVENILE OFFENDER WHO IS ADJUDI- CATED A YOUTHFUL OFFENDER IS CONVICTED AND IS TWENTY-ONE YEARS OF AGE OR OLDER AT THE TIME OF SENTENCING, HE OR SHE SHALL BE DELIVERED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION. S. 2006 106 A. 3006 (A-1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A PERSON WHO IS CONVICTED AS AN ADULT FOR COMMITTING A CRIME, OTHER THAN A VEHICLE AND TRAFFIC OFFENSE, WHEN HE OR SHE WAS SIXTEEN OR SEVENTEEN YEARS OF AGE WHO IS SENTENCED ON OR AFTER DECEMBER FIRST, TWO THOUSAND FIFTEEN TO A TERM OF AT LEAST ONE YEAR OF IMPRISONMENT AND WHO IS UNDER THE AGE OF EIGHTEEN AT THE TIME HE OR SHE IS SENTENCED SHALL BE COMMIT- TED TO THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES WHO SHALL ARRANGE FOR THE CONFINEMENT OF SUCH OFFENDER IN FACILITIES OF THE OFFICE. THE RELEASE OR TRANSFER OF SUCH OFFENDERS FROM THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE GOVERNED BY SECTION FIVE HUNDRED EIGHT OF THE EXECUTIVE LAW. (b) The court in committing [a juvenile offender and youthful offen- der] AN OFFENDER UNDER EIGHTEEN YEARS OF AGE to the custody of the office of children and family services shall inquire as to whether the parents or legal guardian of the youth, if present, will consent for the office of children and family services to provide routine medical, dental and mental health services and treatment. (c) Notwithstanding paragraph (b) of this subdivision, where the court commits an offender to the custody of the office of children and family services in accordance with this section and no medical consent has been obtained prior to said commitment, the commitment order shall be deemed to grant consent for the office of children and family services to provide for routine medical, dental and mental health services and treatment to the offender so committed. (d) Nothing in this subdivision shall preclude a parent or legal guar- dian of an offender who is not yet eighteen years of age from making a motion on notice to the office of children and family services pursuant to article twenty-two of the civil practice law and rules objecting to routine medical, dental or mental health services and treatment being provided to such offender under the provisions of paragraph (b) of this subdivision. (e) Nothing in this section shall require that consent be obtained from the parent or legal guardian, where no consent is necessary or where the offender is authorized by law to consent on his or her own behalf to any medical, dental and mental health service or treatment. S 60-a. Paragraph (f) of subdivision 1 of section 70.30 of the penal law, as added by chapter 481 of the laws of 1978 and relettered by chap- ter 3 of the laws of 1995, is amended to read as follows: (f) [The aggregate maximum term of consecutive sentences imposed upon a juvenile offender for two or more crimes, not including a class A felony, committed before he has reached the age of sixteen, shall, if it exceeds ten years, be deemed to be ten years. If consecutive indetermi- nate sentences imposed upon a juvenile offender include a sentence for the class A felony of arson in the first degree or for the class A felo- ny of kidnapping in the first degree, then the aggregate maximum term of such sentences shall, if it exceeds fifteen years, be deemed to be fifteen years. Where the aggregate maximum term of two or more consec- utive sentences is reduced by a calculation made pursuant to this para- graph, the aggregate minimum period of imprisonment, if it exceeds one- half of the aggregate maximum term as so reduced, shall be deemed to be one-half of the aggregate maximum term as so reduced.] (I) THE AGGREGATE TERM OR MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED UPON A JUVENILE OFFENDER FOR TWO OR MORE CRIMES, OTHER THAN TWO OR MORE SENTENCES THAT INCLUDE A SENTENCE FOR A CLASS A FELONY, OR A SENTENCE FOR A CLASS B VIOLENT FELONY IMPOSED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE, COMMITTED PRIOR TO THE TIME THE PERSON S. 2006 107 A. 3006 WAS IMPRISONED UNDER ANY OF SUCH SENTENCES SHALL, IF IT EXCEEDS TEN YEARS, BE DEEMED TO BE TEN YEARS, PROVIDED: (A) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE DETERMINATE AND THE AGGREGATE TERM EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING A DETERMINATE TERM OF TEN YEARS; AND (B) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE INDETERMINATE AND THE AGGREGATE MAXIMUM TERM EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH SHALL BE DEEMED TO BE TEN YEARS AND THE AGGREGATE MINIMUM PERIOD OF WHICH, IF IT EXCEEDS FIVE YEARS, SHALL BE DEEMED TO BE FIVE YEARS; AND (C) WHERE ONE OR MORE OF SUCH CONSECUTIVE SENTENCES IS A DETERMINATE SENTENCE AND ONE OR MORE OF WHICH IS AN INDETERMINATE SENTENCE: (1) IF THE AGGREGATE TERM OF THE DETERMINATE SENTENCES IS EQUAL TO OR EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING A DETERMINATE TERM OF TEN YEARS; AND (2) IF THE TERM OR AGGREGATE TERM OF THE DETERMINATE SENTENCE OR SENTENCES IS LESS THAN TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH SHALL BE DEEMED TO BE TEN YEARS, AND THE MINIMUM PERIOD OF WHICH SHALL BE DEEMED TO BE FIVE YEARS OR SIX-SEVENTHS OF THE TERM OR AGGREGATE TERM OF THE DETERMINATE SENTENCE OR SENTENCES, WHICHEVER IS GREATER. (II) THE AGGREGATE MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED UPON A JUVENILE OFFENDER FOR TWO OR MORE CRIMES, AT LEAST ONE OF WHICH IS THE CLASS A FELONY OF ARSON IN THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION 135.25 OF THIS CHAPTER BUT NO OTHER CLASS A FELONY, AND DOES NOT INCLUDE A SENTENCE IMPOSED FOR A CLASS B VIOLENT FELONY IMPOSED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE, COMMITTED PRIOR TO THE TIME THE PERSON WAS IMPRISONED UNDER ANY OF SUCH SENTENCES SHALL, IF IT EXCEEDS FIFTEEN YEARS, BE DEEMED TO BE FIFTEEN YEARS, PROVIDED: (A) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE DETERMINATE AND THE AGGREGATE TERM EXCEEDS FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING A DETERMINATE TERM OF FIFTEEN YEARS; AND (B) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE INDETERMINATE AND THE AGGREGATE MAXIMUM TERM EXCEEDS FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH SHALL BE DEEMED TO BE FIFTEEN YEARS AND THE AGGREGATE MINIMUM PERIOD OF WHICH, IF IT EXCEEDS SEVEN AND ONE-HALF YEARS, SHALL BE DEEMED TO BE SEVEN AND ONE-HALF YEARS; AND (C) WHERE ONE OR MORE OF SUCH CONSECUTIVE SENTENCES IS A DETERMINATE SENTENCE AND ONE OR MORE OF WHICH IS AN INDETERMINATE SENTENCE: (1) IF THE AGGREGATE TERM OF THE DETERMINATE SENTENCES IS EQUAL TO OR EXCEEDS FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERV- ING A DETERMINATE TERM OF FIFTEEN YEARS; AND (2) IF THE TERM OR AGGREGATE TERM OF THE DETERMINATE SENTENCE OR SENTENCES IS LESS THAN FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH SHALL BE DEEMED TO BE FIFTEEN YEARS, AND THE MINIMUM PERIOD OF WHICH SHALL BE DEEMED TO BE SEVEN AND ONE-HALF YEARS OR SIX-SEVENTHS OF THE TERM OR AGGREGATE TERM OF THE DETERMINATE SENTENCE OR SENTENCES, WHICHEVER IS GREATER. S 61. Section 70.45 of the penal law is amended by adding a new subdi- vision 2-b to read as follows: 2-B. PERIODS OF POST-RELEASE SUPERVISION FOR JUVENILE OFFENDERS AND YOUTHFUL OFFENDERS. (A) THE PERIOD OF POST-RELEASE SUPERVISION FOR A S. 2006 108 A. 3006 DETERMINATE SENTENCE IMPOSED UPON A YOUTHFUL OFFENDER OR A JUVENILE OFFENDER ADJUDICATED A YOUTHFUL OFFENDER MUST BE FIXED BY THE COURT AT ONE YEAR. (B) THE PERIOD OF POST-RELEASE SUPERVISION FOR A DETERMINATE SENTENCE IMPOSED UPON A JUVENILE OFFENDER NOT ADJUDICATED A YOUTHFUL OFFENDER MUST BE FIXED BY THE COURT IN WHOLE OR HALF YEARS AS FOLLOWS: (I) SUCH PERIOD SHALL BE ONE YEAR WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS D OR CLASS E FELONY OFFENSE; (II) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN TWO YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS C FELONY OFFENSE; (III) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN THREE YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS B FELONY OFFENSE; PROVIDED, HOWEVER, THAT SUCH PERIOD SHALL BE IMPOSED PURSUANT TO SUBDIVISION TWO OR TWO-A OF THIS SECTION, AS APPLICABLE, WHENEVER A DETERMINATE SENTENCE IS IMPOSED UPON A CONVICTION OF A CLASS B VIOLENT FELONY OFFENSE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE; AND (IV) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN FIVE YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF THE CLASS A FELONY OFFENSE OF ARSON IN THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION 135.25 OF THIS CHAPTER, AND A FIVE-YEAR PERIOD SHALL BE IMPOSED PURSUANT TO SUBDIVISION TWO OF THIS SECTION WHENEVER A DETERMI- NATE SENTENCE IMPOSED UPON A JUVENILE OFFENDER FOR ANY OTHER CLASS A FELONY. S 62. Subdivision 18 of section 10.00 of the penal law, as amended by chapter 7 of the laws of 2007, is amended to read as follows: 18. "Juvenile offender" means (1) a person thirteen years old who is criminally responsible for acts constituting murder in the second degree as defined in subdivisions one and two of section 125.25 of this chapter or such conduct as a sexually motivated felony, where authorized pursu- ant to section 130.91 of [the penal law; and] THIS CHAPTER; (2) a person fourteen [or], fifteen OR SIXTEEN YEARS OLD OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN years old who is crimi- nally responsible for acts constituting the crimes defined in subdivi- sions one and two of section 125.25 (murder in the second degree) and in subdivision three of such section provided that the underlying crime for the murder charge is one for which such person is criminally responsi- ble; section 135.25 (kidnapping in the first degree); 150.20 (arson in the first degree); subdivisions one and two of section 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); subdi- visions one and two of section 130.35 (rape in the first degree); subdi- visions one and two of section 130.50 (criminal sexual act in the first degree); 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); 150.15 (arson in the second degree); 160.15 (robbery in the first degree); subdivision two of section 160.10 (robbery in the second degree) of this chapter; or section 265.03 of this chapter, where such machine gun or such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of this chapter; or defined in this chapter as an attempt to commit murder in the second degree or kidnapping in the first degree, or such conduct as a sexually motivated felony, where authorized pursu- ant to section 130.91 of [the penal law] THIS CHAPTER; AND S. 2006 109 A. 3006 (3) A PERSON SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGH- TEEN, A PERSON SIXTEEN OR SEVENTEEN YEARS OLD WHO IS CRIMINALLY RESPON- SIBLE FOR ACTS CONSTITUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS CHAPTER; ACTS CONSTITUTING ANY CRIME IN THIS CHAPTER THAT IS CLAS- SIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT IN THE SECOND DEGREE); 120.04 (VEHICULAR ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR ASSAULT); 125.10 (CRIMINALLY NEGLIGENT HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE); 125.12 (VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE); 125.14 (AGGRAVATED VEHICULAR HOMICIDE); 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPER- ING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF THIS CHAPTER WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THIS CHAPTER WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THIS CHAPTER; AND ACTS CONSTI- TUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 OF THIS CHAPTER PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPON- SIBLE. S 63. Subdivision 42 of section 1.20 of the criminal procedure law, as amended by chapter 7 of the laws of 2007, is amended to read as follows: 42. "Juvenile offender" means (1) a person, thirteen years old who is criminally responsible for acts constituting murder in the second degree as defined in subdivisions one and two of section 125.25 of the penal law, or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; [and] (2) a person fourteen [or], fifteen OR SIXTEEN YEARS OLD, OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN years old who is criminally responsible for acts constituting the crimes defined in subdivisions one and two of section 125.25 (murder in the second degree) and in subdivision three of such section provided that the underlying crime for the murder charge is one for which such person is criminally responsible; section 135.25 (kidnapping in the first degree); 150.20 (arson in the first degree); subdivisions one and two of section 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); subdivisions one and two of section 130.35 (rape in the first degree); subdivisions one and two of section 130.50 (criminal sexual act in the first degree); 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); 150.15 (arson in the second degree); 160.15 (robbery in the first degree); subdivision two of section 160.10 (robbery in the second degree) of the penal law; or section 265.03 of the penal law, where such S. 2006 110 A. 3006 machine gun or such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of the penal law; or defined in the penal law as an attempt to commit murder in the second degree or kidnapping in the first degree, or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; AND (3) A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, A PERSON SIXTEEN OR SEVENTEEN YEARS OLD WHO IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THE PENAL LAW; ACTS CONSTITUTING ANY CRIME IN THE PENAL LAW THAT IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELO- NIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT IN THE SECOND DEGREE); 120.04 (VEHICU- LAR ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR ASSAULT); 125.10 (CRIMINALLY NEGLIGENT HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE); 125.12 (VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE); 125.14 (AGGRAVATED VEHICULAR HOMICIDE); 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI- BLE; 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF THE PENAL LAW WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUT- ING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THE PENAL LAW WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUT- ING A FELONY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 OF THE PENAL LAW PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMI- NALLY RESPONSIBLE. S 64. Subdivision 6 of section 140.20 of the criminal procedure law, as added by chapter 411 of the laws of 1979, is amended to read as follows: 6. Upon arresting a juvenile offender without a warrant, the police officer shall immediately notify the parent or other person legally responsible for his OR HER care or the person with whom he OR SHE is domiciled, that the juvenile offender has been arrested, and the location of the facility where he OR SHE is being detained. IF THE OFFI- CER DETERMINES THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR A CHILD UNDER EIGHTEEN YEARS OF AGE WHO FITS WITHIN THE DEFINITION OF A JUVENILE OFFENDER AS DEFINED IN SECTION 30.00 OF THE PENAL LAW, THE OFFICER MUST TAKE THE JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF CHILDREN OR, UPON THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE OF THE JUVENILE, TO THE JUVENILE'S RESIDENCE AND THERE QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME. A JUVE- NILE OFFENDER SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS S. 2006 111 A. 3006 THE JUVENILE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS SUBDIVISION, IF PRESENT, HAVE BEEN ADVISED: (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT; (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF LAW; (C) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES- TIONING; AND (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED FOR HIM OR HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT. IN DETERMINING THE SUITABILITY OF QUESTIONING AND DETERMINING THE REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER, THE JUVENILE'S AGE, THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION PURSU- ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS. S 65. Subdivision 5 of section 140.27 of the criminal procedure law, as added by chapter 411 of the laws of 1979, is amended to read as follows: 5. Upon arresting a juvenile offender without a warrant, the peace officer shall immediately notify the parent or other person legally responsible for his care or the person with whom he OR SHE is domiciled, that the juvenile offender has been arrested, and the location of the facility where he OR SHE is being detained. IF THE OFFICER DETERMINES THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR A CHILD UNDER EIGHTEEN YEARS OF AGE WHO FITS WITHIN THE DEFINITION OF A JUVENILE OFFENDER AS DEFINED IN SECTION 30.00 OF THE PENAL LAW THE OFFICER MUST TAKE THE JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF CHILDREN OR, UPON THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE OF THE JUVENILE, TO THE JUVENILE'S RESIDENCE AND THERE QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME. A JUVENILE OFFENDER SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS THE JUVENILE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS SUBDIVISION, IF PRESENT, HAVE BEEN ADVISED: (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT; (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF LAW; (C) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES- TIONING; AND (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED FOR HIM OR HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT. IN DETERMINING THE SUITABILITY OF QUESTIONING AND DETERMINING THE REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER, THE JUVENILE'S AGE, THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION PURSU- ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS. S 66. Subdivision 5 of section 140.40 of the criminal procedure law, as added by chapter 411 of the laws of 1979, is amended to read as follows: 5. If a police officer takes an arrested juvenile offender into custody, the police officer shall immediately notify the parent or other person legally responsible for his OR HER care or the person with whom he OR SHE is domiciled, that the juvenile offender has been arrested, and the location of the facility where he OR SHE is being detained. IF THE OFFICER DETERMINES THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR A CHILD UNDER EIGHTEEN YEARS OF AGE WHO FITS WITHIN THE DEFINITION OF A JUVENILE OFFENDER AS DEFINED IN SECTION 30.00 OF THE S. 2006 112 A. 3006 PENAL LAW THE OFFICER MUST TAKE THE JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE QUES- TIONING OF CHILDREN OR, UPON THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE OF THE JUVENILE, TO THE JUVENILE'S RESIDENCE AND THERE QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME. A JUVENILE OFFENDER SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS THE JUVENILE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS SUBDIVISION, IF PRESENT, HAVE BEEN ADVISED: (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT; (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF LAW; (C) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES- TIONING; AND (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED FOR HIM OR HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT. IN DETERMINING THE SUITABILITY OF QUESTIONING AND DETERMINING THE REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER, THE JUVENILE'S AGE, THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION PURSU- ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS. S 67. The criminal procedure law is amended by adding a new section 160.56 to read as follows: S 160.56 CONDITIONAL SEALING OF CERTAIN CONVICTIONS FOR OFFENSES COMMIT- TED BY A DEFENDANT TWENTY YEARS OF AGE OR YOUNGER OR BY A DEFENDANT CONVICTED AS A JUVENILE OFFENDER. 1. WHEN A DEFENDANT IS CONVICTED FOR ONLY ONE ELIGIBLE OFFENSE, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, WHICH WAS COMMITTED WHEN HE OR SHE WAS TWENTY YEARS OF AGE OR YOUNGER AND THE DEFENDANT HAS NO PRIOR CRIMINAL CONVICTIONS, THE COURT SHALL CERTIFY UPON CONVICTION THAT THE DEFENDANT IS APPARENTLY ELIGIBLE FOR CONDITIONAL SEALING AND SHALL SCHE- DULE THE DEFENDANT'S CASE FOR REVIEW AT THE EXPIRATION OF THE TIME PERI- OD SET FORTH IN SUBDIVISION TWO OF THIS SECTION. SUCH REVIEW SHALL NOT REQUIRE A MOTION OR APPEARANCE BY A DEFENDANT. UPON THE EXPIRATION OF THE TIME PERIOD SET FORTH IN SUBDIVISION TWO OF THIS SECTION, THE COURT SHALL NOTIFY THE DISTRICT ATTORNEY THAT THE CASE IS UNDER REVIEW. IF THE DISTRICT ATTORNEY DOES NOT PROVIDE NOTICE OF OPPOSITION TO SEALING WITH- IN FORTY-FIVE DAYS OF RECEIPT OF THE NOTIFICATION AND THE COURT DETER- MINES THAT THE DEFENDANT MEETS THE CRITERIA FOR SEALING AS SET FORTH IN THIS SECTION, THE COURT SHALL ORDER THAT THE RECORD BE CONDITIONALLY SEALED. IF THE DISTRICT ATTORNEY OPPOSES SEALING, HE OR SHE SHALL NOTI- FY THE COURT OF THE REASONS FOR OPPOSITION. IF THE COURT HAS DETERMINED, SUA SPONTE, OR THE DISTRICT ATTORNEY HAS NOTIFIED THE COURT, THAT THE DEFENDANT DOES NOT MEET THE CRITERIA FOR CONDITIONAL SEALING, THE COURT MUST PROVIDE THE DEFENDANT, ON NOTICE TO THE DISTRICT ATTORNEY, WITH NOTICE AND AN OPPORTUNITY TO DISPUTE SUCH FINDING. WHENEVER THE COURT DETERMINES BY A PREPONDERANCE OF THE EVIDENCE THAT ALL CRITERIA FOR SEALING HAVE BEEN SATISFIED AND ORDERS A RECORD CONDI- TIONALLY SEALED, THE CLERK OF THE COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES THAT THE CONVICTION SHALL BE CONDITIONALLY SEALED. FOR PURPOSES OF THIS SECTION, AN ELIGIBLE OFFENSE IS ANY MISDEMEANOR OR FELONY OTHER THAN A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW, A VIOLENT FELONY OFFENSE DEFINED IN SECTION 70.02 OF THE PENAL LAW, A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW, OR AN OFFENSE FOR WHICH REGISTRATION AS A SEX OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW. S. 2006 113 A. 3006 2. AN ELIGIBLE OFFENSE MAY BE CONDITIONALLY SEALED ONLY: (A) AFTER THE FOLLOWING TIME PERIODS HAVE ELAPSED: (I) FOR A MISDEMEANOR, AT LEAST TWO YEARS HAVE PASSED SINCE: THE ENTRY OF THE JUDGMENT OR, IF THE DEFENDANT WAS SENTENCED TO A CONDITIONAL DISCHARGE OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCARCERATION IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR CONDI- TIONAL DISCHARGE, OR IF THE DEFENDANT WAS SENTENCED TO INCARCERATION, THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONGEST; OR (II) FOR AN ELIGIBLE FELONY, OTHER THAN A FELONY CONVICTION AS A JUVE- NILE OFFENDER AS DEFINED IN SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THIS CHAPTER, AT LEAST FIVE YEARS HAVE PASSED SINCE: THE ENTRY OF THE JUDGMENT OR, IF THE DEFENDANT WAS SENTENCED TO A CONDITIONAL DISCHARGE OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCARCERATION IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR CONDITIONAL DISCHARGE, OR IF THE DEFENDANT WAS SENTENCED TO INCARCERATION, THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONGEST; OR (III) FOR A CONVICTION AS A JUVENILE OFFENDER, AS DEFINED IN SUBDIVI- SION FORTY-TWO OF SECTION 1.20 OF THIS CHAPTER, AT LEAST TEN YEARS HAVE PASSED SINCE: THE ENTRY OF THE JUDGMENT OR, IF THE DEFENDANT WAS SENTENCED TO A CONDITIONAL DISCHARGE OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCARCERATION IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR CONDITIONAL DISCHARGE, OR IF THE DEFENDANT WAS SENTENCED TO INCARCERATION, THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONGEST; AND (B) IF THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME. 2-A. NO RECORD SHALL BE SEALED PURSUANT TO THIS SECTION WHILE CHARGES ARE PENDING FOR ANY OFFENSE. 2-B. NO RECORD SHALL BE SEALED PURSUANT TO THIS SECTION WHILE THE DEFENDANT IS SUBJECT TO SUPERVISION BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION. UPON THE SUCCESSFUL COMPLETION OF SUCH SUPER- VISION, IF THE TIME PERIODS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION HAVE ELAPSED FROM THE DATE OF DEFENDANT'S RELEASE FROM INCARCERATION, THE COURT MAY ORDER THE RECORD CONDITIONALLY SEALED PURSUANT TO THE PROVISIONS OF THIS SECTION. 3. WHEN A CONVICTION IS SEALED PURSUANT TO THIS SECTION, ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARREST, PROSECUTION, AND CONVICTION, INCLUDING ALL DUPLICATES AND COPIES THEREOF, ON FILE WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES OR ANY COURT SHALL BE SEALED AND NOT MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY; PROVIDED, HOWEVER, THE DIVISION SHALL RETAIN ANY FINGERPRINTS, PALMPRINTS AND PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME. 4. RECORDS SEALED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO: (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT; (B) QUALIFIED AGENCIES, AS DEFINED IN SUBDIVISION NINE OF SECTION EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, AND FEDERAL AND STATE LAW ENFORCEMENT AGENCIES, WHEN ACTING WITHIN THE SCOPE OF THEIR LAW ENFORCEMENT DUTIES; (C) ANY STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE APPLICA- TION FOR SUCH A LICENSE; OR (D) ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF SECTION 1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR EMPLOY- S. 2006 114 A. 3006 MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY PERSON WHO IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER OR PEACE OFFICER SHALL BE FURNISHED WITH A COPY OF ALL RECORDS OBTAINED UNDER THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE- TO. 5. IF, SUBSEQUENT TO THE SEALING OF RECORDS PURSUANT TO THIS SECTION, THE PERSON WHO IS THE SUBJECT OF SUCH RECORDS IS ARRESTED FOR OR CHARGED WITH ANY MISDEMEANOR OR FELONY OFFENSE, SUCH RECORDS SHALL BE UNSEALED IMMEDIATELY AND REMAIN UNSEALED; PROVIDED, HOWEVER, THAT IF SUCH NEW MISDEMEANOR OR FELONY ARREST RESULTS IN A TERMINATION IN FAVOR OF THE ACCUSED AS DEFINED IN SUBDIVISION THREE OF SECTION 160.50 OF THIS ARTI- CLE OR BY CONVICTION FOR A NON-CRIMINAL OFFENSE AS DESCRIBED IN SECTION 160.55 OF THIS ARTICLE, SUCH UNSEALED RECORDS SHALL BE CONDITIONALLY SEALED PURSUANT TO THIS SECTION. 6. A DEFENDANT WHO WAS CONVICTED OF ONLY ONE ELIGIBLE OFFENSE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION MAY APPLY TO THE COURT OF CONVICTION, ON AN APPLICATION PROMULGATED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES, FOR THE CONDITIONAL SEALING OF SUCH CONVICTION IF: (A) THE OFFENSE WAS COMMITTED WHEN THE DEFENDANT WAS TWENTY-ONE YEARS OF AGE OR YOUNGER; AND (B) THE APPLICABLE TIME PERIODS SPECIFIED IN SUBDIVISION TWO OF THIS SECTION HAVE ELAPSED; AND (C) THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME; AND (D) NO CHARGES ARE PENDING FOR ANY CRIME. THERE SHALL BE NO FEE ASSOCIATED WITH THIS APPLICATION AND NO PERSONAL APPEARANCE BY THE DEFENDANT IS REQUIRED. 7. WHEN AN APPLICATION IS MADE FOR SEALING PURSUANT TO SUBDIVISION SIX OF THIS SECTION, THE COURT SHALL NOTIFY THE DISTRICT ATTORNEY. IF THE DISTRICT ATTORNEY DOES NOT PROVIDE NOTICE OF OPPOSITION TO SEALING WITH- IN FORTY-FIVE DAYS OF RECEIPT OF THE APPLICATION AND THE COURT DETER- MINES THAT THE DEFENDANT MEETS THE CRITERIA FOR SEALING SET FORTH IN THIS SECTION AND THAT SEALING IS IN THE INTEREST OF JUSTICE, THE COURT MAY ORDER THAT THE RECORD BE CONDITIONALLY SEALED IN THE MANNER SET FORTH IN THIS SECTION AND NOTIFY THE DIVISION OF CRIMINAL JUSTICE SERVICES OF THE SAME. IF THE DISTRICT ATTORNEY OPPOSES THE APPLICATION, THE COURT SHALL SCHEDULE A HEARING UPON NOTICE TO ALL PARTIES. IF THE COURT, AT THE CONCLUSION OF THE HEARING DETERMINES BY A PREPONDERANCE OF THE EVIDENCE THAT SUCH CONVICTION SHOULD BE SEALED IN THE INTEREST OF JUSTICE, THE COURT SHALL ORDER THAT THE CONVICTION BE SEALED AND NOTIFY THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES OF THE SAME. S 68. Section 180.75 of the criminal procedure law is REPEALED. S 69. Subdivisions (a) and (b) of section 190.71 of the criminal procedure law, subdivision (a) as amended by chapter 7 of the laws of 2007, subdivision (b) as added by chapter 481 of the laws of 1978, are amended to read as follows: (a) Except as provided in subdivision six of section 200.20 of this chapter, a grand jury may not indict (i) a person thirteen years of age for any conduct or crime other than conduct constituting a crime defined in subdivisions one and two of section 125.25 (murder in the second degree) or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (ii) a person fourteen [or], fifteen, SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGH- TEEN, SEVENTEEN years of age for any conduct or crime other than conduct constituting a crime defined in subdivisions one and two of section 125.25 (murder in the second degree) and in subdivision three of such S. 2006 115 A. 3006 section provided that the underlying crime for the murder charge is one for which such person is criminally responsible; 135.25 (kidnapping in the first degree); 150.20 (arson in the first degree); subdivisions one and two of section 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); subdivisions one and two of section 130.35 (rape in the first degree); subdivisions one and two of section 130.50 (criminal sexual act in the first degree); 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); 150.15 (arson in the second degree); 160.15 (robbery in the first degree); subdivision two of section 160.10 (robbery in the second degree) of the penal law; subdivision four of section 265.02 of the penal law, where such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of the penal law; or section 265.03 of the penal law, where such machine gun or such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of the penal law; or defined in the penal law as an attempt to commit murder in the second degree or kidnapping in the first degree, or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (III) A PERSON SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGH- TEEN, SEVENTEEN YEARS OF AGE FOR ANY CONDUCT OR CRIME OTHER THAN CONDUCT CONSTITUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THE PENAL LAW; A CRIME THAT IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; A CRIME DEFINED IN THE FOLLOWING SECTIONS OF THE PENAL LAW: SECTION 120.03 (VEHICULAR ASSAULT IN THE SECOND DEGREE); 120.04 (VEHICULAR ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR ASSAULT); 125.10 (CRIMINALLY NEGLIGENT HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE); 125.12 (VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE); 125.14 (AGGRAVATED VEHICULAR HOMICIDE); 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.13 (TAMPER- ING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF THE PENAL LAW WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THE PENAL LAW WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 OF THE PENAL LAW PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE. (b) A grand jury may vote to file a request to remove a charge to the family court if it finds that a person [thirteen, fourteen or fifteen] SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN years of age OR YOUNGER did an act which, if done by a person over the S. 2006 116 A. 3006 age of sixteen, OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN, would constitute a crime provided (1) such act is one for which it may not indict; (2) it does not indict such person for a crime; and (3) the evidence before it is legally sufficient to establish that such person did such act and competent and admissible evidence before it provides reasonable cause to believe that such person did such act. S 70. Subdivision 6 of section 200.20 of the criminal procedure law, as added by chapter 136 of the laws of 1980, is amended to read as follows: 6. Where an indictment charges at least one offense against a defend- ant who was under the age of [sixteen] SEVENTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, EIGHTEEN at the time of the commission of the crime and who did not lack criminal responsibility for such crime by reason of infancy, the indictment may, in addition, charge in separate counts one or more other offenses for which such person would not have been criminally responsible by reason of infancy, if: (a) the offense for which the defendant is criminally responsible and the one or more other offenses for which he would not have been crimi- nally responsible by reason of infancy are based upon the same act or upon the same criminal transaction, as that term is defined in subdivi- sion two of section 40.10 of this chapter; or (b) the offenses are of such nature that either proof of the first offense would be material and admissible as evidence in chief upon a trial of the second, or proof of the second would be material and admis- sible as evidence in chief upon a trial of the first. S 71. The opening paragraph of subdivision 1 and subdivision 5 of section 210.43 of the criminal procedure law; as added by chapter 411 of the laws of 1979, are amended to read as follows: After [a motion by a juvenile offender, pursuant to subdivision five of section 180.75 of this chapter, or after] arraignment of a juvenile offender upon an indictment, the superior court may, on motion of any party or on its own motion: [5. a. If the court orders removal of the action to family court, it shall state on the record the factor or factors upon which its determi- nation is based, and, the court shall give its reasons for removal in detail and not in conclusory terms. b. The district attorney shall state upon the record the reasons for his consent to removal of the action to the family court. The reasons shall be stated in detail and not in conclusory terms.] S 72. Paragraph (g) of subdivision 5 of section 220.10 of the criminal procedure law, as amended by chapter 410 of the laws of 1979, subpara- graph (iii) as amended by chapter 264 of the laws of 2003, the second undesignated paragraph as amended by chapter 920 of the laws of the laws of 1982 and the closing paragraph as amended by chapter 411 of the laws of 1979, is amended to read as follows: (g) Where the defendant is a juvenile offender, the provisions of paragraphs (a), (b), (c) and (d) of this subdivision shall not apply and any plea entered pursuant to subdivision three or four of this section, must be as follows: (i) If the indictment charges a person fourteen [or], fifteen OR SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN years old with the crime of murder in the second degree any plea of guilty entered pursuant to subdivision three or four must be a plea of guilty of a crime for which the defendant is criminally responsible; (ii) If the indictment does not charge a crime specified in subpara- graph (i) of this paragraph, then any plea of guilty entered pursuant to S. 2006 117 A. 3006 subdivision three or four of this section must be a plea of guilty of a crime for which the defendant is criminally responsible unless a plea of guilty is accepted pursuant to subparagraph (iii) of this paragraph; (iii) Where the indictment does not charge a crime specified in subparagraph (i) of this paragraph, the district attorney may recommend removal of the action to the family court. Upon making such recommenda- tion the district attorney shall submit a subscribed memorandum setting forth: (1) a recommendation that the interests of justice would best be served by removal of the action to the family court; and (2) if the indictment charges a thirteen year old with the crime of murder in the second degree, or a fourteen [or], fifteen OR SIXTEEN YEAR OLD, OR COMMENCING JANUARY FIRST TWO THOUSAND EIGHTEEN, SEVENTEEN year old with the crimes of rape in the first degree as defined in subdivision one of section 130.35 of the penal law, or criminal sexual act in the first degree as defined in subdivision one of section 130.50 of the penal law, or an armed felony as defined in paragraph (a) of subdivision forty-one of section 1.20 of this chapter specific factors, one or more of which reasonably supports the recommendation, showing, (i) mitigating circum- stances that bear directly upon the manner in which the crime was committed, or (ii) where the defendant was not the sole participant in the crime, that the defendant's participation was relatively minor although not so minor as to constitute a defense to the prosecution, or (iii) possible deficiencies in proof of the crime, or (iv) where the juvenile offender has no previous adjudications of having committed a designated felony act, as defined in subdivision eight of section 301.2 of the family court act, regardless of the age of the offender at the time of commission of the act, that the criminal act was not part of a pattern of criminal behavior and, in view of the history of the offen- der, is not likely to be repeated. If the court is of the opinion based on specific factors set forth in the district attorney's memorandum that the interests of justice would best be served by removal of the action to the family court, a plea of guilty of a crime or act for which the defendant is not criminally responsible may be entered pursuant to subdivision three or four of this section, except that a thirteen year old charged with the crime of murder in the second degree may only plead to a designated felony act, as defined in subdivision eight of section 301.2 of the family court act. Upon accepting any such plea, the court must specify upon the record the portion or portions of the district attorney's statement the court is relying upon as the basis of its opinion and that it believes the interests of justice would best be served by removal of the proceeding to the family court. Such plea shall then be deemed to be a juvenile delinquency fact determination and the court upon entry thereof must direct that the action be removed to the family court in accordance with the provisions of article seven hundred twenty-five of this chapter. S 73. Section 410.60 of the criminal procedure law, as amended by chapter 652 of the laws of 2008, is amended to read as follows: S 410.60 Appearance before court. (A) A person who has been taken into custody pursuant to section 410.40 or section 410.50 of this article for violation of a condition of a sentence of probation or a sentence of conditional discharge must forthwith be brought before the court that imposed the sentence. Where a violation of probation petition and report has been filed and the person has not been taken into custody nor has a warrant been issued, an initial court appearance shall occur within ten business days of the S. 2006 118 A. 3006 court's issuance of a notice to appear. If the court has reasonable cause to believe that such person has violated a condition of the sentence, it may commit him OR HER to the custody of the sheriff or fix bail or release such person on his OR HER own recognizance for future appearance at a hearing to be held in accordance with section 410.70 of this article. If the court does not have reasonable cause to believe that such person has violated a condition of the sentence, it must direct that he OR SHE be released. (B) A JUVENILE OFFENDER WHO HAS BEEN TAKEN INTO CUSTODY PURSUANT TO SECTION 410.40 OR SECTION 410.50 OF THIS ARTICLE FOR VIOLATION OF A CONDITION OF A SENTENCE OF PROBATION OR A SENTENCE OF CONDITIONAL DISCHARGE MUST FORTHWITH BE BROUGHT BEFORE THE COURT THAT IMPOSED THE SENTENCE. WHERE A VIOLATION OF PROBATION PETITION AND REPORT HAS BEEN FILED AND THE PERSON HAS NOT BEEN TAKEN INTO CUSTODY NOR HAS A WARRANT BEEN ISSUED, AN INITIAL COURT APPEARANCE SHALL OCCUR WITHIN TEN BUSINESS DAYS OF THE COURT'S ISSUANCE OF A NOTICE TO APPEAR. IF THE COURT HAS REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF THE SENTENCE, IT MAY COMMIT HIM OR HER TO THE CUSTODY OF THE SHERIFF OR FIX BAIL OR RELEASE SUCH PERSON ON HIS OR HER OWN RECOGNIZANCE FOR FUTURE APPEARANCE AT A HEARING TO BE HELD IN ACCORDANCE WITH SECTION 410.70 OF THIS ARTICLE. PROVIDED, HOWEVER, NOTHING HEREIN SHALL AUTHOR- IZE A JUVENILE TO BE DETAINED FOR A VIOLATION OF A CONDITION THAT WOULD NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETER- MINES (I) THAT THE JUVENILE POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFETY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE JUVENILE IS ON PROBATION FOR AN ACT THAT WOULD CONSTITUTE A VIOLENT FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN ADULT AND THE USE OF GRADUATED SANCTIONS HAS BEEN EXHAUSTED WITHOUT SUCCESS. IF THE COURT DOES NOT HAVE REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF THE SENTENCE, IT MUST DIRECT THAT THE JUVENILE BE RELEASED. S 74. Subdivision 5 of section 410.70 of the penal law, as amended by chapter 17 of the laws of 2014, is amended to read as follows: 5. Revocation; modification; continuation. (A) At the conclusion of the hearing the court may revoke, continue or modify the sentence of probation or conditional discharge. Where the court revokes the sentence, it must impose sentence as specified in subdivisions three and four of section 60.01 of the penal law. Where the court continues or modifies the sentence, it must vacate the declaration of delinquency and direct that the defendant be released. If the alleged violation is sustained and the court continues or modifies the sentence, it may extend the sentence up to the period of interruption specified in subdi- vision two of section 65.15 of the penal law, but any time spent in custody in any correctional institution pursuant to section 410.60 of this article shall be credited against the term of the sentence. Provided further, where the alleged violation is sustained and the court continues or modifies the sentence, the court may also extend the remaining period of probation up to the maximum term authorized by section 65.00 of the penal law. Provided, however, a defendant shall receive credit for the time during which he or she was supervised under the original probation sentence prior to any declaration of delinquency and for any time spent in custody pursuant to this article for an alleged violation of probation. (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, NOTHING HEREIN SHALL AUTHORIZE THE PLACEMENT OF A JUVENILE FOR A VIOLATION OF A CONDI- TION THAT WOULD NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS S. 2006 119 A. 3006 THE COURT DETERMINES (I) THAT THE JUVENILE POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFETY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE JUVENILE IS ON PROBATION FOR AN ACT THAT WOULD CONSTITUTE A VIOLENT FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN ADULT AND THE USE OF GRADUATED SANCTIONS HAS BEEN EXHAUSTED WITHOUT SUCCESS. S 75. The criminal procedure law is amended by adding a new section 410.90-a to read as follows: S 410.90-A SUPERIOR COURT; YOUTH PART. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE, ALL PROCEEDINGS RELATING TO A JUVENILE OFFENDER SHALL BE HEARD IN THE YOUTH PART OF THE SUPERIOR COURT HAVING JURISDICTION AND ANY INTRASTATE TRANSFERS UNDER THIS ARTICLE SHALL BE BETWEEN COURTS DESIGNATED AS A YOUTH PART PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER. S 76. Section 510.15 of the criminal procedure law, as amended by chapter 411 of the laws of 1979, subdivision 1 as designated and subdi- vision 2 as added by chapter 359 of the laws of 1980, is amended to read as follows: S 510.15 Commitment of principal under [sixteen] SEVENTEEN OR EIGHTEEN. 1. When a principal who is under the age of [sixteen] SEVENTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN UNDER THE AGE OF EIGH- TEEN, is committed to the custody of the sheriff the court must direct that the principal be taken to and lodged in a place certified by the state [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES as a juvenile detention facility for the reception of children. Where such a direction is made the sheriff shall deliver the principal in accordance therewith and such person shall although lodged and cared for in a juve- nile detention facility continue to be deemed to be in the custody of the sheriff. No principal [under the age of sixteen] to whom the provisions of this section may apply shall be detained in any prison, jail, lockup, or other place used for adults convicted of a crime or under arrest and charged with the commission of a crime [without the approval of the state division for youth in the case of each principal and the statement of its reasons therefor]. The sheriff shall not be liable for any acts done to or by such principal resulting from negli- gence in the detention of and care for such principal, when the princi- pal is not in the actual custody of the sheriff. 2. Except upon consent of the defendant or for good cause shown, in any case in which a new securing order is issued for a principal previ- ously committed to the custody of the sheriff pursuant to this section, such order shall further direct the sheriff to deliver the principal from a juvenile detention facility to the person or place specified in the order. S 77. Subdivision 1 of section 720.10 of the criminal procedure law, as amended by chapter 411 of the laws of 1979, is amended to read as follows: 1. "Youth" means a person charged with a crime alleged to have been committed when he was at least sixteen years old and less than [nine- teen] TWENTY-ONE years old or a person charged with being a juvenile offender as defined in subdivision forty-two of section 1.20 of this chapter. S 78. Subdivision 3 of section 720.15 of the criminal procedure law, as amended by chapter 774 of the laws of 1985, is amended to read as follows: 3. The provisions of subdivisions one and two of this section requir- ing or authorizing the accusatory instrument filed against a youth to be S. 2006 120 A. 3006 sealed, and the arraignment and all proceedings in the action to be conducted in private shall not apply in connection with a pending charge of committing any [felony] SEX offense as defined in the penal law. [The provisions of subdivision one requiring the accusatory instrument filed against a youth to be sealed shall not apply where such youth has previ- ously been adjudicated a youthful offender or convicted of a crime.] S 79. Subdivision 1 of section 720.20 of the criminal procedure law, as amended by chapter 652 of the laws of 1974, is amended to read as follows: 1. Upon conviction of an eligible youth, the court must order a pre- sentence investigation of the defendant. After receipt of a written report of the investigation and at the time of pronouncing sentence the court must determine whether or not the eligible youth is a youthful offender. Such determination shall be in accordance with the following criteria: (a) If in the opinion of the court the interest of justice would be served by relieving the eligible youth from the onus of a criminal record and by not imposing an indeterminate term of imprisonment of more than four years, the court may, in its discretion, find the eligible youth is a youthful offender; [and] (b) Where the conviction is had in a local criminal court and the eligible youth had not prior to commencement of trial or entry of a plea of guilty been convicted of a crime or found a youthful offender, the court must find he is a youthful offender[.]; AND (C) THERE SHALL BE A PRESUMPTION TO GRANT YOUTHFUL OFFENDER STATUS TO AN ELIGIBLE YOUTH WHO HAS NOT PREVIOUSLY BEEN CONVICTED AND SENTENCED OR ADJUDICATED FOR A FELONY, UNLESS THE DISTRICT ATTORNEY UPON MOTION WITH NOT LESS THAN SEVEN DAYS NOTICE TO SUCH PERSON OR HIS OR HER ATTORNEY DEMONSTRATES TO THE SATISFACTION OF THE COURT THAT THE INTERESTS OF JUSTICE REQUIRE OTHERWISE. S 79-a. Subdivision 1 of section 720.35 of the criminal procedure law, as amended by chapter 402 of the laws of 2014, is amended to read as follows: 1. [A] EXCEPT AS PROVIDED IN SUBDIVISION THREE OF SECTION 60.10 OF THE PENAL LAW, A youthful offender adjudication is not a judgment of conviction for a crime or any other offense, and does not operate as a disqualification of any person so adjudged to hold public office or public employment or to receive any license granted by public authority but shall be deemed a conviction only for the purposes of transfer of supervision and custody pursuant to section two hundred fifty-nine-m of the executive law. A defendant for whom a youthful offender adjudication was substituted, who was originally charged with prostitution as defined in section 230.00 of the penal law or loitering for the purposes of prostitution as defined in subdivision two of section 240.37 of the penal law provided that the person does not stand charged with loitering for the purpose of patronizing a prostitute, for an offense allegedly committed when he or she was sixteen or seventeen years of age, shall be deemed a "sexually exploited child" as defined in subdivision one of section four hundred forty-seven-a of the social services law and there- fore shall not be considered an adult for purposes related to the charg- es in the youthful offender proceeding or a proceeding under section 170.80 of this chapter. S 80. The criminal procedure law is amended by adding a new article 722 to read as follows: S. 2006 121 A. 3006 ARTICLE 722 PROCEEDINGS AGAINST JUVENILE OFFENDERS; ESTABLISHMENT OF YOUTH PART AND RELATED PROCEDURES SECTION 722.00 PROBATION CASE PLANNING AND SERVICES. 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED. 722.20 PROCEEDINGS UPON A COMPLAINT. S 722.00 PROBATION CASE PLANNING AND SERVICES. 1. EVERY PROBATION DEPARTMENT SHALL CONDUCT A RISK AND NEEDS ASSESS- MENT WITH RESPECT TO ANY JUVENILE RELEASED ON RECOGNIZANCE, RELEASED UNDER SUPERVISION, OR POSTING BAIL AT OR FOLLOWING ARRAIGNMENT BY A YOUTH PART WITHIN ITS JURISDICTION. THE COURT SHALL ORDER ANY SUCH JUVE- NILE TO REPORT WITHIN SEVEN CALENDAR DAYS TO THE PROBATION DEPARTMENT FOR PURPOSES OF ASSESSMENT. BASED UPON THE ASSESSMENT FINDINGS, THE PROBATION DEPARTMENT SHALL REFER THE JUVENILE TO AVAILABLE SPECIALIZED AND EVIDENCE-BASED SERVICES TO MITIGATE ANY RISKS IDENTIFIED AND TO ADDRESS INDIVIDUAL NEEDS. 2. ANY JUVENILE UNDERGOING SERVICES SHALL EXECUTE APPROPRIATE AND NECESSARY CONSENT FORMS, WHERE APPLICABLE, TO ENSURE THAT THE PROBATION DEPARTMENT MAY COMMUNICATE WITH ANY SERVICE PROVIDER AND RECEIVE PROGRESS REPORTS WITH RESPECT TO SERVICES OFFERED AND/OR DELIVERED INCLUDING, BUT NOT LIMITED TO, DIAGNOSIS, TREATMENT, PROGNOSIS, TEST RESULTS, JUVENILE ATTENDANCE AND INFORMATION REGARDING JUVENILE COMPLI- ANCE OR NONCOMPLIANCE WITH PROGRAM SERVICE REQUIREMENTS, IF ANY. 3. NOTHING SHALL PRECLUDE THE PROBATION DEPARTMENT AND JUVENILE FROM ENTERING INTO A VOLUNTARY WRITTEN/FORMAL CASE PLAN AS TO TERMS AND CONDITIONS TO BE MET, INCLUDING, BUT NOT LIMITED TO, REPORTING TO THE PROBATION DEPARTMENT AND OTHER PROBATION DEPARTMENT CONTACTS, UNDERGOING ALCOHOL, SUBSTANCE ABUSE, OR MENTAL HEALTH TESTING, PARTICIPATING IN SPECIFIC SERVICES, ADHERING TO SERVICE PROGRAM REQUIREMENTS, AND SCHOOL ATTENDANCE, WHERE APPLICABLE. 4. WHEN PREPARING A PRE-SENTENCE INVESTIGATION REPORT OF ANY SUCH YOUTH, THE PROBATION DEPARTMENT SHALL INCORPORATE A SUMMARY OF THE ASSESSMENT FINDINGS, ANY REFERRALS AND PROGRESS WITH RESPECT TO MITIGAT- ING RISK AND ADDRESSING ANY IDENTIFIED JUVENILE NEEDS. S 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED. THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTABLISH, IN A SUPERIOR COURT IN EACH COUNTY OF THE STATE THAT EXERCISES CRIMINAL JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH PART OF THE SUPE- RIOR COURT FOR THE COUNTY IN WHICH SUCH COURT PRESIDES. JUDGES PRESID- ING IN THE YOUTH PART SHALL RECEIVE TRAINING IN SPECIALIZED AREAS, INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT DEVELOPMENT AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMISSION BY ADOLES- CENTS. THE YOUTH PART SHALL HAVE EXCLUSIVE JURISDICTION OF ALL PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS. S 722.20 PROCEEDINGS UPON A COMPLAINT. 1. WHEN A JUVENILE OFFENDER IS ARRAIGNED BEFORE A YOUTH PART, THE PROVISIONS OF THIS SECTION SHALL APPLY IN LIEU OF THE PROVISIONS OF SECTIONS 180.30, 180.50 AND 180.70 OF THIS CHAPTER. 2. THE YOUTH PART SHALL HOLD A HEARING ON THE COMPLAINT. AT THE CONCLUSION OF THE HEARING, THE COURT MUST DISPOSE OF THE FELONY COMPLAINT AS FOLLOWS: (A) IF THERE IS REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT COMMIT- TED A CRIME FOR WHICH A PERSON UNDER THE AGE OF EIGHTEEN IS CRIMINALLY RESPONSIBLE, THE COURT MUST ORDER THAT THE DEFENDANT BE HELD FOR THE ACTION OF A GRAND JURY; OR S. 2006 122 A. 3006 (B) IF THERE IS NOT REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT COMMITTED A CRIME FOR WHICH A PERSON UNDER THE AGE OF EIGHTEEN IS CRIMI- NALLY RESPONSIBLE BUT THERE IS REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT IS A "JUVENILE DELINQUENT", AS DEFINED IN SUBDIVISION ONE OF SECTION 301.2 OF THE FAMILY COURT ACT, THE COURT MUST SPECIFY THE ACT OR ACTS IT FOUND REASONABLE CAUSE TO BELIEVE THE DEFENDANT DID AND DIRECT THAT THE ACTION BE REMOVED TO THE FAMILY COURT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS TITLE; OR (C) IF THERE IS NOT REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT COMMITTED ANY CRIMINAL ACT, THE COURT MUST DISMISS THE FELONY COMPLAINT AND DISCHARGE THE DEFENDANT FROM CUSTODY IF HE OR SHE IS IN CUSTODY, OR IF HE OR SHE IS AT LIBERTY ON BAIL, IT MUST EXONERATE THE BAIL. 3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO THIS SECTION, A YOUTH PART SHALL, (A) ORDER REMOVAL OF AN ACTION AGAINST A JUVENILE OFFENDER ACCUSED OF ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVI- SION TWO OF SECTION 160.10; AND A JUVENILE OFFENDER ACCUSED OF COMMIT- TING A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW AT AGE SIXTEEN, OR AFTER JANUARY FIRST, TWO THOU- SAND EIGHTEEN, AT AGE SIXTEEN OR SEVENTEEN, FOR WHICH A YOUTH AGE FIFTEEN OR YOUNGER IS NOT CRIMINALLY RESPONSIBLE, TO THE FAMILY COURT PURSUANT TO THE PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER IF, AFTER CONSIDERATION OF THE FACTORS SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION, THE COURT DETERMINES THAT TO DO SO WOULD BE IN THE INTERESTS OF JUSTICE. PROVIDED, HOWEVER, THAT THE COURT SHALL FIND THAT SUCH REMOVAL IS NOT IN THE INTERESTS OF JUSTICE IF THE YOUTH PLAYED A PRIMARY ROLE IN COMMISSION OF THE CRIME OR AGGRAVATING CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE YOUTH'S USE OF A WEAPON, ARE PRESENT. (B) AT THE REQUEST OF THE DISTRICT ATTORNEY, ORDER REMOVAL OF AN ACTION AGAINST A JUVENILE OFFENDER, OTHER THAN AN ACTION SUBJECT TO PARAGRAPH (A) OF THIS SUBDIVISION, TO THE FAMILY COURT PURSUANT TO THE PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER IF, UPON CONSIDER- ATION OF THE CRITERIA SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION, IT IS DETERMINED THAT TO DO SO WOULD BE IN THE INTERESTS OF JUSTICE. WHERE, HOWEVER, THE FELONY COMPLAINT CHARGES THE JUVENILE OFFENDER CHARGED WITH MURDER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.25 OF THE PENAL LAW; RAPE IN THE FIRST DEGREE, AS DEFINED IN SUBDIVISION ONE OF SECTION 130.35 OF THE PENAL LAW; CRIMINAL SEXUAL ACT IN THE FIRST DEGREE, AS DEFINED IN SUBDIVISION ONE OF SECTION 130.50 OF THE PENAL LAW; OR AN ARMED FELONY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION FORTY-ONE OF SECTION 1.20 OF THIS CHAPTER, A DETERMINATION THAT SUCH ACTION BE REMOVED TO THE FAMILY COURT SHALL, IN ADDITION, BE BASED UPON A FINDING OF ONE OR MORE OF THE FOLLOWING FACTORS: (I) MITIGATING CIRCUMSTANCES THAT BEAR DIRECTLY UPON THE MANNER IN WHICH THE CRIME WAS COMMITTED; (II) WHERE THE DEFENDANT WAS NOT THE SOLE PARTICIPANT IN THE CRIME, THE DEFENDANT'S PARTICIPATION WAS RELATIVELY MINOR ALTHOUGH NOT SO MINOR AS TO CONSTITUTE A DEFENSE TO THE PROSECUTION; OR (III) POSSIBLE DEFICIEN- CIES IN THE PROOF OF THE CRIME. (C) IN MAKING ITS DETERMINATION PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION THE COURT SHALL, TO THE EXTENT APPLICABLE, EXAMINE INDIVID- UALLY AND COLLECTIVELY, THE FOLLOWING: (I) THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE; (II) THE EXTENT OF HARM CAUSED BY THE OFFENSE; (III) THE EVIDENCE OF GUILT, WHETHER ADMISSIBLE OR INADMISSIBLE AT TRIAL; (IV) THE HISTORY, CHARACTER AND CONDITION OF THE DEFENDANT; S. 2006 123 A. 3006 (V) THE PURPOSE AND EFFECT OF IMPOSING UPON THE DEFENDANT A SENTENCE AUTHORIZED FOR THE OFFENSE; (VI) THE IMPACT OF A REMOVAL OF THE CASE TO THE FAMILY COURT ON THE SAFETY OR WELFARE OF THE COMMUNITY; (VII) THE IMPACT OF A REMOVAL OF THE CASE TO THE FAMILY COURT UPON THE CONFIDENCE OF THE PUBLIC IN THE CRIMINAL JUSTICE SYSTEM; (VIII) WHERE THE COURT DEEMS IT APPROPRIATE, THE ATTITUDE OF THE COMPLAINANT OR VICTIM WITH RESPECT TO THE MOTION; AND (IX) ANY OTHER RELEVANT FACT INDICATING THAT A JUDGMENT OF CONVICTION IN THE CRIMINAL COURT WOULD SERVE NO USEFUL PURPOSE. (D) FOR THE PURPOSE OF MAKING A DETERMINATION PURSUANT TO THIS SECTION, ANY EVIDENCE WHICH IS NOT LEGALLY PRIVILEGED MAY BE INTRODUCED. IF THE DEFENDANT TESTIFIES, HIS OR HER TESTIMONY MAY NOT BE INTRODUCED AGAINST HIM OR HER IN ANY FUTURE PROCEEDING, EXCEPT TO IMPEACH HIS OR HER TESTIMONY AT SUCH FUTURE PROCEEDING AS INCONSISTENT PRIOR TESTIMONY. (E) THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT THE POWERS OF THE GRAND JURY. 4. IF AN ACTION INVOLVING A DEFENDANT WHO IS SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN YEARS OF AGE IS REMOVED TO FAMILY COURT, THE YOUTH PART SHALL RETAIN CONCURRENT JURISDICTION WITH THE FAMILY COURT. AT ANY TIME THAT IT IS DETERMINED BY THE FAMILY COURT OR THE YOUTH PART THAT CONTINUING THE PROCEEDING IN FAMILY COURT IS NOT APPROPRIATE, THE CASE MAY BE RETURNED TO THE YOUTH PART. 5. IF AN ACTION IS NOT REMOVED TO THE FAMILY COURT PURSUANT TO SUBDI- VISION THREE OF THIS SECTION, THE YOUTH PART SHALL HEAR THE CASE SITTING AS A CRIMINAL COURT OR, IN ITS DISCRETION, WHEN THE DEFENDANT IS SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN YEARS OF AGE THE YOUTH PART MAY RETAIN IT AS A JUVENILE DELINQUENCY PROCEEDING FOR ALL PURPOSES, AND SHALL MAKE SUCH PROCEEDING FULLY SUBJECT TO THE PROVISIONS AND GRANT ANY RELIEF AVAILABLE UNDER ARTICLE THREE OF THE FAMILY COURT ACT. S 81. The opening paragraph and subdivisions 2 and 3 of section 725.05 of the criminal procedure law, as added by chapter 481 of the laws of 1978, are amended to read as follows: When a [court] YOUTH PART directs that an action or charge is to be removed to the family court the [court] YOUTH PART must issue an order of removal in accordance with this section. Such order must be as follows: 2. Where the direction is authorized pursuant to paragraph (b) of subdivision [three] TWO of section [180.75] 722.20 of this [chapter] TITLE, it must specify the act or acts it found reasonable cause to believe the defendant did. 3. Where the direction is authorized pursuant to subdivision [four] THREE of section [180.75] 722.20 of this [chapter] TITLE, it must speci- fy the act or acts it found reasonable cause to allege. S 82. Section 725.20 of the criminal procedure law, as added by chap- ter 481 of the laws of 1978, subdivisions 1 and 2 as amended by chapter 411 of the laws of 1979, is amended to read as follows: S 725.20 Record of certain actions removed. 1. The provisions of this section shall apply in any case where an order of removal to the family court is entered pursuant to a direction authorized by subdivision [four] THREE of section [180.75] 722.20 OF THIS TITLE, [or section 210.43,] or subparagraph (iii) of paragraph [(h)] (G) of subdivision five of section 220.10 of this chapter, or section 330.25 of this chapter. S. 2006 124 A. 3006 2. When such an action is removed the court that directed the removal must cause the following additional records to be filed with the clerk of the county court or in the city of New York with the clerk of the supreme court of the county wherein the action was pending and with the division of criminal justice services: (a) A certified copy of the order of removal; (b) [Where the direction is one authorized by subdivision four of section 180.75 of this chapter, a copy of the statement of the district attorney made pursuant to paragraph (b) of subdivision six of section 180.75 of this chapter; (c) Where the direction is authorized by section 180.75, a copy of the portion of the minutes containing the statement by the court pursu- ant to paragraph (a) of subdivision six of such section 180.75; (d)] Where the direction is one authorized by subparagraph (iii) of paragraph [(h)] (G) of subdivision five of section 220.10 or section 330.25 of this chapter, a copy of the minutes of the plea of guilty, including the minutes of the memorandum submitted by the district attor- ney and the court; [(e) Where the direction is one authorized by subdivision one of section 210.43 of this chapter, a copy of that portion of the minutes containing the statement by the court pursuant to paragraph (a) of subdivision five of section 210.43; (f) Where the direction is one authorized by paragraph (b) of subdi- vision one of section 210.43 of this chapter, a copy of that portion of the minutes containing the statement of the district attorney made pursuant to paragraph (b) of subdivision five of section 210.43;] and [(g)] (C) In addition to the records specified in this subdivision, such further statement or submission of additional information pertain- ing to the proceeding in criminal court in accordance with standards established by the commissioner of the division of criminal justice services, subject to the provisions of subdivision three of this section. 3. It shall be the duty of said clerk to maintain a separate file for copies of orders and minutes filed pursuant to this section. Upon receipt of such orders and minutes the clerk must promptly delete such portions as would identify the defendant, but the clerk shall neverthe- less maintain a separate confidential system to enable correlation of the documents so filed with identification of the defendant. After making such deletions the orders and minutes shall be placed within the file and must be available for public inspection. Information permit- ting correlation of any such record with the identity of any defendant shall not be divulged to any person except upon order of a justice of the supreme court based upon a finding that the public interest or the interests of justice warrant disclosure in a particular cause for a particular case or for a particular purpose or use. S 83. Subdivision 1 of section 500-a of the correction law is amended by adding a new paragraph (h) to read as follows: (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW NO COUNTY JAIL SHALL BE USED FOR THE CONFINEMENT OF ANY PERSON UNDER THE AGE OF EIGHTEEN. PLACE- MENT OF ANY PERSON UNDER THE AGE OF EIGHTEEN SHALL BE DETERMINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. S 84. Subdivision 4 of section 500-b of the correction law is REPEALED. S 85. Subparagraph 3 of paragraph (c) of subdivision 8 of section 500-b of the correction law is REPEALED. S. 2006 125 A. 3006 S 86. Subdivision 13 of section 500-b of the correction law is REPEALED. S 87. Subparagraph 8 of paragraph h of subdivision 4 of section 1950 of the education law, as amended by section 1 of part G of chapter 58 of the laws of 2014, is amended to read as follows: (8) To enter into contracts with the commissioner of the office of children and family services pursuant to subdivision six-a of section thirty-two hundred two of this chapter to provide to such office, for the benefit of youth in its custody, any special education programs, related services [and], career and technical education services AND ANY OTHER PROGRAMS provided by the board of cooperative educational services to component school districts. Any such proposed contract shall be subject to the review and approval of the commissioner to determine that it is an approved cooperative educational service. Services provided pursuant to such contracts shall be provided at cost, and the board of cooperative educational services shall not be authorized to charge any costs incurred in providing such services to its component school districts. S 88. Subparagraph 1 of paragraph d of subdivision 3 of section 3214 of the education law, as amended by chapter 425 of the laws of 2002, is amended to read as follows: (1) Consistent with the federal gun-free schools act, any public school pupil who is determined under this subdivision to have brought a firearm to or possessed a firearm at a public school shall be suspended for a period of not less than one calendar year and any nonpublic school pupil participating in a program operated by a public school district using funds from the elementary and secondary education act of nineteen hundred sixty-five who is determined under this subdivision to have brought a firearm to or possessed a firearm at a public school or other premises used by the school district to provide such programs shall be suspended for a period of not less than one calendar year from partic- ipation in such program. The procedures of this subdivision shall apply to such a suspension of a nonpublic school pupil. A superintendent of schools, district superintendent of schools or community superintendent shall have the authority to modify this suspension requirement for each student on a case-by-case basis. The determination of a superintendent shall be subject to review by the board of education pursuant to para- graph c of this subdivision and the commissioner pursuant to section three hundred ten of this chapter. Nothing in this subdivision shall be deemed to authorize the suspension of a student with a disability in violation of the individuals with disabilities education act or article eighty-nine of this chapter. A superintendent shall refer the pupil under the age of sixteen who has been determined to have brought a weap- on or firearm to school in violation of this subdivision to a present- ment agency for a juvenile delinquency proceeding consistent with arti- cle three of the family court act except a student fourteen or fifteen years of age who qualifies for juvenile offender status under subdivi- sion forty-two of section 1.20 of the criminal procedure law; PROVIDED HOWEVER, THAT COMMENCING ON JANUARY FIRST, TWO THOUSAND SEVENTEEN, A SUPERINTENDENT SHALL REFER THE PUPIL UNDER THE AGE OF SEVENTEEN WHO HAS BEEN DETERMINED TO HAVE BROUGHT A WEAPON OR FIREARM TO SCHOOL IN VIOLATION OF THIS SUBDIVISION TO A PRESENTMENT AGENCY FOR A JUVENILE DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT ACT EXCEPT A STUDENT WHO QUALIFIES FOR JUVENILE OFFENDER STATUS UNDER SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; AND PROVIDED FURTHER THAT COMMENCING ON JANUARY FIRST, TWO THOUSAND EIGH- S. 2006 126 A. 3006 TEEN, A SUPERINTENDENT SHALL REFER THE PUPIL UNDER THE AGE OF EIGHTEEN WHO HAS BEEN DETERMINED TO HAVE BROUGHT A WEAPON OR FIREARM TO SCHOOL IN VIOLATION OF THIS SUBDIVISION TO A PRESENTMENT AGENCY FOR A JUVENILE DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT ACT EXCEPT A STUDENT WHO QUALIFIES FOR JUVENILE OFFENDER STATUS UNDER SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW. A superintendent shall refer any pupil sixteen years of age or older or a student fourteen or fifteen years of age who qualifies for juvenile offender status under subdivision forty-two of section 1.20 of the crim- inal procedure law, who has been determined to have brought a weapon or firearm to school in violation of this subdivision to the appropriate law enforcement officials. S 89. Paragraph e of subdivision 3 of section 3214 of the education law, as amended by chapter 170 of the laws of 2006, is amended to read as follows: e. Procedure after suspension. Where a pupil has been suspended pursu- ant to this subdivision and said pupil is of compulsory attendance age, immediate steps shall be taken for his or her attendance upon instruc- tion elsewhere or for supervision [or detention] of said pupil pursuant to the provisions of article seven of the family court act. Where a pupil has been suspended for cause, the suspension may be revoked by the board of education whenever it appears to be for the best interest of the school and the pupil to do so. The board of education may also condition a student's early return to school and suspension revocation on the pupil's voluntary participation in counseling or specialized classes, including anger management or dispute resolution, where appli- cable. S 90. Paragraph b of subdivision 4 of section 3214 of the education law, as amended by chapter 181 of the laws of 2000, is amended to read as follows: b. The school authorities may institute proceedings before a court having jurisdiction to determine the liability of a person in parental relation to contribute towards the maintenance of a school delinquent under [sixteen] SEVENTEEN years of age ordered to attend upon instruc- tion under confinement. If the court shall find the person in parental relation able to contribute towards the maintenance of such a minor, it may issue an order fixing the amount to be paid weekly. S 91. Subdivisions 3 and 4 of section 246 of the executive law, as amended by section 10 of part D of chapter 56 of the laws of 2010, are amended to read as follows: 3. Applications from counties or the city of New York for state aid under this section shall be made by filing with the division of criminal justice services, a detailed plan, including cost estimates covering probation services for the fiscal year or portion thereof for which aid is requested. Included in such estimates shall be clerical costs and maintenance and operation costs as well as salaries of probation person- nel, FAMILY ENGAGEMENT SPECIALISTS and such other pertinent information as the commissioner of the division of criminal justice services may require. Items for which state aid is requested under this section shall be duly designated in the estimates submitted. The commissioner of the division of criminal justice services, after consultation with the state probation commission and the director of the office of probation and correctional alternatives, shall approve such plan if it conforms to standards relating to the administration of probation services as speci- fied in the rules adopted by him or her. S. 2006 127 A. 3006 4. An approved plan and compliance with standards relating to the administration of probation services promulgated by the commissioner of the division of criminal justice services shall be a prerequisite to eligibility for state aid. The commissioner of the division of criminal justice services may take into consideration granting additional state aid from an appropriation made for state aid for county probation services for counties or the city of New York when a county or the city of New York demonstrates that additional probation services were dedicated to intensive supervision programs[,] AND intensive programs for sex offenders [or programs defined as juvenile risk intervention services]. THE COMMISSIONER SHALL GRANT ADDITIONAL STATE AID FROM AN APPROPRIATION DEDICATED TO JUVENILE RISK INTERVENTION SERVICES COORDINATION BY PROBATION DEPARTMENTS WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, PROBATION SERVICES PERFORMED UNDER ARTICLE THREE OF THE FAMILY COURT ACT OR ARTICLE SEVEN HUNDRED TWENTY-TWO OF THE CRIMINAL PROCEDURE LAW. The administration of such additional grants shall be made according to rules and regulations promulgated by the commissioner of the division of criminal justice services. Each county and the city of New York shall certify the total amount collected pursuant to section two hundred fifty-seven-c of this chapter. The commissioner of the division of criminal justice services shall thereupon certify to the comptroller for payment by the state out of funds appropriated for that purpose, the amount to which the county or the city of New York shall be entitled under this section. THE COMMISSIONER SHALL, SUBJECT TO AN APPROPRIATION MADE AVAILABLE FOR SUCH PURPOSE, ESTABLISH AND PROVIDE FUNDING TO PROBATION DEPARTMENTS FOR A CONTINUUM OF EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH ALLEGED OR ADJUDICATED JUVENILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART IN ACCORDANCE WITH ARTICLE SEVEN HUNDRED TWENTY-TWO OF THE CRIMINAL PROCEDURE LAW. S 92. Section 502 of the executive law, as added by chapter 465 of the laws of 1992, subdivision 3 as amended by section 1 of subpart B of part Q of chapter 58 of the laws of 2011, is amended to read as follows: S 502. Definitions. Unless otherwise specified in this article: 1. "Director" means the [director of the division for youth] COMMIS- SIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. 2. ["Division] "DIVISION", "OFFICE" OR "DIVISION FOR YOUTH" means the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES. 3. "Detention" means the temporary care and maintenance of youth held away from their homes pursuant to article three or seven of the family court act, OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT, or held pending a hearing for alleged violation of the conditions of release from an office of chil- dren and family services facility or authorized agency, or held pending a hearing for alleged violation of the condition of parole OR POST-RE- LEASE SUPERVISION as a juvenile offender, or held pending return to a jurisdiction other than the one in which the youth is held, or held pursuant to a securing order of a criminal court if the youth named therein as principal is charged as a juvenile offender or held pending a hearing on an extension of placement or held pending transfer to a facility upon commitment or placement by a court. Only alleged or convicted juvenile offenders who have not attained their eighteenth OR, COMMENCING JANUARY FIRST, TWO THOUSAND SEVENTEEN, THEIR TWENTY-FIRST birthday shall be subject to detention in a detention facility. S. 2006 128 A. 3006 4. For purposes of this article, the term "youth" shall [be synonymous with the term "child" and means] MEAN a person not less than [seven] TEN years of age and not more than twenty OR COMMENCING JANUARY FIRST, TWO THOUSAND SEVENTEEN, NOT MORE THAN TWENTY-THREE years of age. 5. "Placement" means the transfer of a youth to the custody of the [division] OFFICE pursuant to the family court act. 6. "Commitment" means the transfer of a youth to the custody of the [division] OFFICE pursuant to the penal law. 7. "Conditional release" means the transfer of a youth from facility status to aftercare supervision under the continued custody of the [division] OFFICE. 8. "Discharge" means the termination of [division] OFFICE custody of a youth. 9. "Aftercare" means supervision of a youth on conditional release OR POST-RELEASE status under the continued custody of the division. S 93. Subdivision 7 of section 503 of the executive law, as amended by section 2 of subpart B of part Q of chapter 58 of the laws of 2011, is amended to read as follows: 7. The person in charge of each detention facility shall keep a record of all time spent in such facility for each youth in care. The detention facility shall deliver a certified transcript of such record to the office, social services district, or other agency taking custody of the youth pursuant to article three [or seven] of the family court act, before, or at the same time as the youth is delivered to the office, district or other agency, as is appropriate. S 94. Subdivision 1 of section 505 of the executive law, as amended by chapter 465 of the laws of 1992, is amended to read as follows: 1. There shall be a facility director of each [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES OPERATED facility. Such facility director shall be appointed by the [director] COMMISSIONER of the [divi- sion] OFFICE OF CHILDREN AND FAMILY SERVICES and THE POSITION shall be in the noncompetitive class and designated as confidential as defined by subdivision two-a of section forty-two of the civil service law. The facility director shall have [two years] SUCH experience [in appropriate titles in state government. Such facility director shall have such] AND other qualifications as may be prescribed by the [director] COMMISSIONER of the [division,] OFFICE OF CHILDREN AND FAMILY SERVICES based on differences in duties, levels of responsibility, size and character of the facility, knowledge, skills and abilities required, and other factors affecting the position [and]. SUCH FACILITY DIRECTOR shall serve at the pleasure of the [director] COMMISSIONER of the [division] OFFICE OF CHILDREN AND FAMILY SERVICES. S 95. Section 507-a of the executive law, as amended by chapter 465 of the laws of 1992, paragraph (a) of subdivision 1 as amended by chapter 309 of the laws of 1996, is amended to read as follows: S 507-a. Placement and commitment; procedures. 1. Youth may be placed in or committed to the custody of the [division] OFFICE OF CHILDREN AND FAMILY SERVICES: (a) for placement, as a juvenile delinquent pursuant to the family court act; or (b) for commitment pursuant to the penal law. 2. (a) Consistent with other provisions of law, only those youth who have reached the age of [seven] TEN, but who have not reached the age of twenty-one may be placed in[, committed to or remain in] the [divi- sion's] custody OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. EXCEPT AS PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION, NO YOUTH WHO HAS S. 2006 129 A. 3006 REACHED THE AGE OF TWENTY-ONE MAY REMAIN IN CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. (A-1) (I) A YOUTH WHO IS COMMITTED TO THE OFFICE OF CHILDREN AND FAMI- LY SERVICES AS A JUVENILE OFFENDER OR YOUTHFUL OFFENDER MAY REMAIN IN THE CUSTODY OF THE OFFICE DURING THE PERIOD OF HIS OR HER SENTENCE BEYOND THE AGE OF TWENTY-ONE IN ACCORDANCE WITH THE PROVISIONS OF SUBDI- VISION FIVE OF SECTION FIVE HUNDRED EIGHT OF THIS ARTICLE BUT IN NO EVENT MAY SUCH A YOUTH REMAIN IN THE CUSTODY OF THE OFFICE BEYOND HIS OR HER TWENTY-THIRD BIRTHDAY; AND (II) A YOUTH FOUND TO HAVE COMMITTED A DESIGNATED CLASS A FELONY ACT WHO IS RESTRICTIVELY PLACED WITH THE OFFICE UNDER SUBDIVISION FOUR OF SECTION 353.5 OF THE FAMILY COURT ACT FOR COMMITTING AN ACT ON OR AFTER THE YOUTH'S SIXTEENTH BIRTHDAY MAY REMAIN IN THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES UP TO THE AGE OF TWENTY-THREE IN ACCORDANCE WITH HIS OR HER PLACEMENT ORDER. (A-2) Whenever it shall appear to the satisfaction of the [division] OFFICE OF CHILDREN AND FAMILY SERVICES that any youth placed therewith is not of proper age to be so placed or is not properly placed, or is mentally or physically incapable of being materially benefited by the program of the [division] OFFICE, the [division] OFFICE shall cause the return of such youth to the county from which placement was made. (b) The [division] OFFICE shall deliver such youth to the custody of the placing court, along with the records provided to the [division] OFFICE pursuant to section five hundred seven-b of this article, there to be dealt with by the court in all respects as though no placement had been made. (c) The cost and expense of the care and return of such youth incurred by the [division] OFFICE shall be reimbursed to the state by the social services district from which such youth was placed in the manner provided by section five hundred twenty-nine of this article. 3. The [division] OFFICE may photograph any youth in its custody. Such photograph may be used only for the purpose of assisting in the return of conditionally released children and runaways pursuant to section five hundred ten-b of this article. Such photograph shall be destroyed immediately upon the discharge of the youth from [division] OFFICE custody. 4. (a) A youth placed with or committed to the [division] OFFICE may, immediately following placement or commitment, be remanded to an appro- priate detention facility. (b) The [division] OFFICE shall admit a [child] YOUTH placed [with the division] UNDER ITS CARE to a facility of the [division] OFFICE within fifteen days of the date of the order of placement with the [division] OFFICE and shall admit a juvenile offender committed to the [division] OFFICE to a facility of the [division] OFFICE within ten days of the date of the order of commitment to the [division] OFFICE, except as provided in section five hundred seven-b of this article. 5. Consistent with other provisions of law, in the discretion of the [director, youth] COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, YOUTH PLACED WITHIN THE OFFICE UNDER THE FAMILY COURT ACT who attain the age of eighteen while in [division] custody OF THE OFFICE AND WHO ARE NOT REQUIRED TO REMAIN IN THE PLACEMENT WITH THE OFFICE AS A RESULT OF A DISPOSITIONAL ORDER OF THE FAMILY COURT may reside in a non-secure facility until the age of twenty-one, provided that such youth attend a full-time vocational or educational program and are like- ly to benefit from such program. S. 2006 130 A. 3006 S 96. Section 508 of the executive law, as added by chapter 481 of the laws of 1978 and as renumbered by chapter 465 of the laws of 1992, subdivision 1 as amended by chapter 738 of the laws of 2004, subdivision 2 as amended by chapter 572 of the laws of 1985, subdivisions 4, 5, 6 and 7 as amended by section 97 of subpart B of part C of chapter 62 of the laws of 2011, subdivision 8 as added by chapter 560 of the laws of 1984 and subdivision 9 as added by chapter 7 of the laws of 2007, is amended to read as follows: S 508. Juvenile offender facilities. 1. The office of children and family services shall maintain [secure] facilities for the care and confinement of juvenile offenders committed [for an indeterminate, determinate or definite sentence] TO THE OFFICE pursuant to the sentenc- ing provisions of the penal law. Such facilities shall provide appropri- ate services to juvenile offenders including but not limited to residen- tial care, educational and vocational training, physical and mental health services, and employment counseling. 1-A. ANY NEW FACILITIES DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES TO SERVE THE ADDITIONAL YOUTH PLACED WITH THE OFFICE AS A RESULT OF RAISING THE AGE OF JUVENILE JURISDICTION SHALL, TO THE EXTENT PRACTICABLE, CONSIST OF SMALLER, MORE HOME-LIKE FACILITIES LOCATED NEAR THE YOUTHS' HOMES AND FAMILIES THAT PROVIDE GENDER-RESPONSIVE PROGRAM- MING, SERVICES AND TREATMENT IN SMALL, CLOSELY SUPERVISED GROUPS THAT OFFER EXTENSIVE AND ON-GOING INDIVIDUAL ATTENTION AND ENCOURAGE SUPPORT- IVE PEER RELATIONSHIPS. 2. Juvenile offenders COMMITTED TO THE OFFICE FOR COMMITTING CRIMES PRIOR TO THE AGE OF SIXTEEN shall be confined in such facilities [until the age of twenty-one] IN ACCORDANCE WITH THEIR SENTENCES, and shall not be released, discharged or permitted home visits except pursuant to the provisions of this section. [(a) The director of the division for youth may authorize the transfer of a juvenile offender in his custody, who has been convicted of burglary or robbery, to a school or center established and operated pursuant to title three of this article at any time after the juvenile offender has been confined in a division for youth secure facility for one year or one-half of his minimum sentence, whichever is greater. (b) The director of the division for youth may authorize the transfer of a juvenile offender in his custody, who has been convicted of burglary or robbery, and who is within ninety days of release as estab- lished by the board of parole, to any facility established and operated pursuant to this article. (c) A juvenile offender may be transferred as provided in paragraphs (a) and (b) herein, only after the director determines that there is no danger to public safety and that the offender shall substantially bene- fit from the programs and services of another division facility. In determining whether there is a danger to public safety the director shall consider: (i) the nature and circumstances of the offense includ- ing whether any physical injury involved was inflicted by the offender or another participant; (ii) the record and background of the offender; and (iii) the adjustment of the offender at division facilities. (d) For a period of six months after a juvenile offender has been transferred pursuant to paragraph (a) or (b) herein, the juvenile offen- der may have only accompanied home visits. After completing six months of confinement following transfer from a secure facility, a juvenile offender may not have an unaccompanied home visit unless two accompanied home visits have already occurred. An "accompanied home visit" shall mean a home visit during which the juvenile offender shall be accompa- S. 2006 131 A. 3006 nied at all times while outside the facility by appropriate personnel of the division for youth designated pursuant to regulations of the direc- tor of the division. (e) The director of the division for youth shall promulgate rules and regulations including uniform standards and procedures governing the transfer of juvenile offenders from secure facilities to other facili- ties and the return of such offenders to secure facilities. The rules and regulations shall provide a procedure for the referral of proposed transfer cases by the secure facility director, and shall require a determination by the facility director that transfer of a juvenile offender to another facility is in the best interests of the division for youth and the juvenile offender and that there is no danger to public safety. The rules and regulations shall further provide for the establishment of a division central office transfer committee to review transfer cases referred by the secure facility directors. The committee shall recommend approval of a transfer request to the director of the division only upon a clear showing by the secure facility director that the transfer is in the best interests of the division for youth and the juvenile offender and that there is no danger to public safety. In the case of the denial of the transfer request by the transfer committee, the juvenile offender shall remain at a secure facility. Notwithstanding the recommendation for approval of transfer by the transfer committee, the director of the division may deny the request for transfer if there is a danger to public safety or if the transfer is not in the best interests of the division for youth or the juvenile offender. The rules and regulations shall further provide a procedure for the immediate return to a secure facility, without a hearing, of a juvenile offender transferred to another facility upon a determination by that facility director that there is a danger to public safety.] 3. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall report in writing to the sentencing court and district attorney, not less than once every six months during the period of confinement, on the status, adjustment, programs and progress of the offender. 4. [The office of children and family services may apply to the sentencing court for permission to transfer a youth not less than sixteen nor more than eighteen years of age to the department of corrections and community supervision. Such application shall be made upon notice to the youth, who shall be entitled to be heard upon the application and to be represented by counsel. The court shall grant the application if it is satisfied that there is no substantial likelihood that the youth will benefit from the programs offered by the office facilities. 5.] The office of children and family services may transfer an offen- der not less than eighteen [nor more than twenty-one] years of age to the department of corrections and community supervision if the commis- sioner of the office certifies to the commissioner of corrections and community supervision that there is no substantial likelihood that the youth will benefit from the programs offered by office facilities. [6. At age twenty-one, all] 5. (A) ALL juvenile offenders COMMITTED TO THE OFFICE FOR COMMITTING A CRIME PRIOR TO THE YOUTH'S SIXTEENTH BIRTH- DAY WHO STILL HAVE TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT shall be transferred AT AGE TWENTY-ONE to the custody of the department of corrections and community supervision for confinement pursuant to the correction law. S. 2006 132 A. 3006 [7.] (B) ALL JUVENILE OFFENDERS COMMITTED TO THE OFFICE FOR COMMITTING A CRIME ON OR AFTER THEIR SIXTEENTH BIRTHDAY WHO STILL HAVE TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT SHALL BE TRANSFERRED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION FOR CONFINEMENT PURSUANT TO THE CORRECTION LAW AFTER COMPLETING TWO YEARS OF CARE IN OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES UNLESS THEY ARE WITHIN FOUR MONTHS OF COMPLETING THE IMPRISONMENT PORTION OF THEIR SENTENCE AND THE OFFICE DETERMINES, IN ITS DISCRETION, ON A CASE-BY-CASE BASIS THAT THE YOUTH SHOULD BE PERMITTED TO REMAIN WITH THE OFFICE FOR THE ADDI- TIONAL SHORT PERIOD OF TIME NECESSARY TO ENABLE THEM TO COMPLETE THEIR SENTENCE. IN MAKING SUCH A DETERMINATION, THE FACTORS THE OFFICE MAY CONSIDER INCLUDE, BUT ARE NOT LIMITED TO, THE AGE OF THE YOUTH, THE AMOUNT OF TIME REMAINING ON THE YOUTH'S SENTENCE OF IMPRISONMENT, THE LEVEL OF THE YOUTH'S PARTICIPATION IN THE PROGRAM, THE YOUTH'S EDUCA- TIONAL AND VOCATIONAL PROGRESS, THE OPPORTUNITIES AVAILABLE TO THE YOUTH THROUGH THE OFFICE AND THROUGH THE DEPARTMENT, AND THE LENGTH OF THE YOUTH'S POST-RELEASE SUPERVISION SENTENCE. NOTHING IN THIS PARAGRAPH SHALL AUTHORIZE A YOUTH TO REMAIN IN AN OFFICE FACILITY BEYOND HIS OR HER TWENTY-THIRD BIRTHDAY. (C) ALL JUVENILE OFFENDERS WHO ARE ELIGIBLE TO BE RELEASED FROM AN OFFICE OF CHILDREN AND FAMILY SERVICES FACILITY BEFORE THEY ARE REQUIRED TO BE TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER- VISION AND WHO ARE ABLE TO COMPLETE THE FULL-TERM OF THEIR POST-RELEASE SUPERVISION SENTENCES BEFORE THEY TURN TWENTY-THREE YEARS OF AGE SHALL REMAIN WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR POST-RELEASE SUPERVISION. (D) ALL JUVENILE OFFENDERS RELEASED FROM AN OFFICE OF CHILDREN AND FAMILY SERVICES FACILITY BEFORE THEY ARE TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION WHO ARE UNABLE TO COMPLETE THE FULL-TERM OF THEIR POST-RELEASE SUPERVISION SENTENCES BEFORE THEY TURN TWENTY-THREE YEARS OF AGE SHALL BE UNDER THE SUPERVISION OF THE DEPART- MENT OF CORRECTIONS AND COMMUNITY SUPERVISION UNTIL EXPIRATION OF THE MAXIMUM TERM OR PERIOD OF SENTENCE, OR EXPIRATION OF SUPERVISION, INCLUDING ANY POST-RELEASE SUPERVISION AS THE CASE MAY BE PROVIDED, HOWEVER, THAT THE OFFICE SHALL ASSIST SUCH DEPARTMENT IN PLANNING FOR THE YOUTH'S POST-RELEASE SUPERVISION. 6. While in the custody of the office of children and family services, an offender shall be subject to the rules and regulations of the office, except that his OR HER parole, POST-RELEASE SUPERVISION, temporary release and discharge shall be governed by the laws applicable to inmates of state correctional facilities and his OR HER transfer to state hospitals in the office of mental health shall be governed by section five hundred nine of this chapter. The commissioner of the office of children and family services shall, however, establish and operate temporary release programs at office of children and family services facilities AND PROVIDE POST-RELEASE SUPERVISION PROGRAMS for eligible juvenile offenders and [contract with the department of corrections and community supervision for the provision of parole] PROVIDE supervision [services] for temporary releasees AND JUVENILES ON POST-RELEASE SUPERVISION. The rules and regulations for these programs shall not be inconsistent with the laws for temporary release AND POST- RELEASE SUPERVISION applicable to inmates of state correctional facili- ties. For the purposes of temporary release programs for juvenile offen- ders only, when referred to or defined in article twenty-six of the correction law, "institution" shall mean any facility designated by the commissioner of the office of children and family services, "department" S. 2006 133 A. 3006 shall mean the office of children and family services, "inmate" shall mean a juvenile offender residing in an office of children and family services facility, and "commissioner" shall mean the [director] COMMIS- SIONER of the office of children and family services. FOR THE PURPOSES OF SUCH POST-RELEASE SUPERVISION FOR JUVENILE OFFENDERS UNDER PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS SECTION ONLY, WHEN REFERRED TO IN SECTION 70.45 OF THE PENAL LAW OR ARTICLE TWELVE-B OF THE EXECUTIVE LAW, THE TERM "DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION", "DEPART- MENT", "DIVISION OF PAROLE", "DIVISION", "BOARD OF PAROLE" AND "BOARD" SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND THE TERM "COMMISSIONER" SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES. Time spent in office of children and family services facilities and in juvenile detention facilities shall be credited towards the sentence imposed in the same manner and to the same extent applicable to inmates of state correctional facilities. [8] 7. Whenever a juvenile offender or a juvenile offender adjudi- cated a youthful offender shall be delivered to the director of [a divi- sion for youth] AN OFFICE OF CHILDREN AND FAMILY SERVICES facility pursuant to a commitment to the [director of the division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, the officer so delivering such person shall deliver to such facility director a certified copy of the sentence received by such officer from the clerk of the court by which such person shall have been sentenced, a copy of the report of the probation officer's investigation and report, any other pre-sentence memoranda filed with the court, a copy of the person's fingerprint records, a detailed summary of available medical records, psychiatric records and reports relating to assaults, or other violent acts, attempts at suicide or escape by the person while in the custody of a local detention facility. [9] 8. Notwithstanding any provision of law, including section five hundred one-c of this article, the office of children and family services shall make records pertaining to a person convicted of a sex offense as defined in subdivision (p) of section 10.03 of the mental hygiene law available upon request to the commissioner of mental health or the commissioner of [mental retardation and] THE OFFICE FOR PERSONS WITH developmental disabilities, as appropriate; a case review panel; and the attorney general; in accordance with the provisions of article ten of the mental hygiene law. S 97. Subdivisions 1, 2, 4, 5 and 5-a of section 529 of the executive law, subdivisions 1, 4 and 5 as added by chapter 906 of the laws of 1973, paragraph (c) of subdivision 1 as amended and paragraph (d) of subdivision 1 as added by chapter 881 of the laws of 1976, subdivision 2 as amended by chapter 430 of the laws of 1991, paragraph (c) of subdivi- sion 5 as amended by chapter 722 of the laws of 1979 and subdivision 5-a as added by chapter 258 of the laws of 1974, are amended to read as follows: 1. Definitions. As used in this section: (a) "authorized agency", "certified boarding home", "local charge" and "state charge" shall have the meaning ascribed to such terms by the social services law; (b) "aftercare supervision" shall mean supervision of released or discharged youth, not in foster care; and, (c) "foster care" shall mean residential care, maintenance and super- vision provided TO released or discharged youth, or youth otherwise in the custody of the [division for youth, in a division foster family home certified by the division. S. 2006 134 A. 3006 (d) "division foster family home" means a service program provided in a home setting available to youth under the jurisdiction of the division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES. 2. [Expenditures] EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, EXPENDITURES made by the [division for youth] OFFICE OF CHIL- DREN AND FAMILY SERVICES for care, maintenance and supervision furnished youth, including alleged and adjudicated juvenile delinquents [and persons in need of supervision,] placed or referred, pursuant to titles two or three of this article, and juvenile offenders committed pursuant to section 70.05 of the penal law, in the [division's] OFFICE'S programs and facilities, shall be subject to reimbursement to the state by the social services district from which the youth was placed or by the social services district in which the juvenile offender resided at the time of commitment, in accordance with this section and the regulations of the [division,] OFFICE as follows: fifty percent of the amount expended for care, maintenance and supervision of local charges includ- ing juvenile offenders. [4. Expenditures made by the division for youth] 3. THE COSTS for foster care PROVIDED BY VOLUNTARY AUTHORIZED AGENCIES TO JUVENILE DELIN- QUENTS PLACED IN THE CARE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES shall be [subject to reimbursement to the state by] THE RESPONSIBILITY OF the social services district from which the youth was placed, AND SHALL BE SUBJECT TO REIMBURSEMENT FROM THE STATE in accordance with [the regulations of the division, as follows: fifty percent of the amount expended for care, maintenance and supervision of local charges] SECTION ONE HUNDRED FIFTY-THREE-K OF THE SOCIAL SERVICES LAW. [5] 4. (a) [Expenditures] EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, EXPENDITURES made by the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES for aftercare supervision shall be subject to reimbursement to the state by the social services district from which the youth was placed, in accordance with regulations of the [division] OFFICE, as follows: fifty percent of the amount expended for aftercare supervision of local charges. (b) Expenditures made by social services districts for aftercare supervision of adjudicated juvenile delinquents [and persons in need of supervision provided (prior to the expiration of the initial or extended period of placement or commitment) by the aftercare staff of the facili- ty from which the youth has been released or discharged, other than those under the jurisdiction of the division for youth, in which said youth was placed or committed, pursuant to directions of the family court,] shall be subject to reimbursement by the state[, upon approval by the division and in accordance with its regulations, as follows: (1) the full amount expended by the district for aftercare supervision of state charges; (2) fifty percent of the amount expended by the district for aftercare supervision of local charges] IN ACCORDANCE WITH SECTION ONE HUNDRED FIFTY-THREE-K OF THE SOCIAL SERVICES LAW. (c) Expenditures made by the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES for contracted programs and contracted services pursuant to subdivision seven of section five hundred one of this arti- cle, except with respect to urban homes and group homes, shall be subject to reimbursement to the state by the social services district from which the youth was placed, in accordance with this section and the regulations of the [division] OFFICE as follows: fifty percent of the amount expended for the operation and maintenance of such programs and services. S. 2006 135 A. 3006 5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO REIMBURSEMENT SHALL BE REQUIRED FROM A SOCIAL SERVICES DISTRICT FOR EXPENDITURES MADE BY THE OFFICE OF CHILDREN AND FAMILY SERVICES ON OR AFTER DECEMBER FIRST, TWO THOUSAND FIFTEEN FOR THE CARE, MAINTENANCE, SUPERVISION OR AFTERCARE SUPERVISION OF YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER THAT WOULD NOT OTHERWISE HAVE BEEN MADE ABSENT PURSUANT TO THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE OR THAT AUTHORIZED THE PLACEMENT IN OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES OF CERTAIN OTHER YOUTH WHO COMMITTED A CRIME ON OR AFTER THEIR SIXTEENTH BIRTHDAYS. 5-a. The social services district responsible for reimbursement to the state shall remain the same if during a period of placement or extension thereof, a child commits a criminal act while in [a division] AN OFFICE OF CHILDREN AND FAMILY SERVICES facility, during an authorized absence therefrom or after absconding therefrom and is returned to the [divi- sion] OFFICE following adjudication or conviction for the act by a court with jurisdiction outside the boundaries of the social services district which was responsible for reimbursement to the state prior to such adju- dication or conviction. S 98. Subdivision 1, the opening paragraph of subdivision 2 and subparagraphs (i) and (iii) of paragraph (a) of subdivision 3 of section 529-b of the executive law, as added by section 3 of subpart B of part Q of chapter 58 of the laws of 2011, are amended to read as follows: 1. (a) Notwithstanding any provision of law to the contrary, eligible expenditures by an eligible municipality for services to divert youth at risk of, alleged to be, or adjudicated as juvenile delinquents [or persons alleged or adjudicated to be in need of supervision], or youth alleged to be or convicted as juvenile offenders from placement in detention or in residential care OR TO DIVERT PERSONS ALLEGED OR ADJUDI- CATED TO BE IN NEED OF SUPERVISION FROM BEING PLACED AWAY FROM THEIR HOMES, shall be subject to state reimbursement under the supervision and treatment services for juveniles program for up to sixty-two percent of the municipality's expenditures, subject to available appropriations and exclusive of any federal funds made available for such purposes, not to exceed the municipality's distribution under the supervision and treat- ment services for juveniles program. (b) The state funds appropriated for the supervision and treatment services for juveniles program shall be distributed to eligible munici- palities by the office of children and family services based on a plan developed by the office which may consider historical information regarding the number of youth seen at probation intake for an alleged act of delinquency, THE NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION RECEIVING DIVERSION SERVICES UNDER SECTION SEVEN HUNDRED THIRTY-FIVE OF THE FAMILY COURT ACT, the number of youth remanded to detention, the number of juvenile delinquents placed with the office, the number of juvenile delinquents [and persons in need of supervision] placed in residential care with the municipality, the municipality's reduction in the use of detention and residential placements, and other factors as determined by the office. Such plan developed by the office shall be subject to the approval of the director of the budget. The office is authorized, in its discretion, to make advance distributions to a muni- cipality in anticipation of state reimbursement. As used in this section, the term "municipality" shall mean a county, or a city having a population of one million or more, and "supervision and treatment services for juveniles" shall mean community-based S. 2006 136 A. 3006 services or programs designed to safely maintain youth in the community pending a family court disposition or conviction in criminal court and services or programs provided to youth adjudicated as juvenile delin- quents [or persons in need of supervision,] or youth alleged to be juve- nile offenders to prevent residential placement of such youth or a return to placement where such youth have been released to the community from residential placement OR PROGRAMS PROVIDED TO YOUTH ADJUDICATED PERSONS IN NEED OF SUPERVISION TO MAINTAIN SUCH YOUTH IN THEIR HOMES. Supervision and treatment services for juveniles may include but are not limited to services or programs that: (i) an analysis that identifies the neighborhoods or communities from which the greatest number of juvenile delinquents [and persons in need of supervision] are remanded to detention or residentially placed AND FROM WHICH THE GREATEST NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION ARE OFFERED DIVERSION SERVICES; (iii) a description of how the services and programs proposed for funding will reduce the number of youth from the municipality who are detained and residentially OR OTHERWISE placed; how such services and programs are family-focused; and whether such services and programs are capable of being replicated across multiple sites; S 99. Subdivisions 2, 4, 5, 6 and 7 of section 530 of the executive law, subdivisions 2 and 4 as amended by section 4 of subpart B of part Q of chapter 58 of the laws of 2011, paragraphs (a) and (d) of subdivision 2 as amended by section 1 of part M of chapter 57 of the laws of 2012, subdivision 5 as amended by chapter 920 of the laws of 1982, subpara- graphs 1, 2 and 4 of paragraph (a) and paragraph (b) of subdivision 5 as amended by section 5 of subpart B of part Q of chapter 58 of the laws of 2011, subdivision 6 as amended by chapter 880 of the laws of 1976, and subdivision 7 as amended by section 6 of subpart B of part Q of chapter 58 of the laws of 2011, are amended and a new subdivision 8 is added to read as follows: 2. [Expenditures] EXCEPT AS PROVIDED FOR IN SUBDIVISION EIGHT OF THIS SECTION, EXPENDITURES made by municipalities in providing care, mainte- nance and supervision to youth in detention facilities designated pursu- ant to sections seven hundred twenty and 305.2 of the family court act and certified by [the division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, shall be subject to reimbursement by the state, as follows: (a) Notwithstanding any provision of law to the contrary, eligible expenditures by a municipality during a particular program year for the care, maintenance and supervision [in foster care programs certified by the office of children and family services, certified or approved family boarding homes, and non-secure detention facilities certified by the office for those youth alleged to be persons in need of supervision or adjudicated persons in need of supervision held pending transfer to a facility upon placement; and] in secure and non-secure detention facili- ties certified by the office in accordance with section five hundred three of this article for those youth alleged to be juvenile delin- quents; adjudicated juvenile delinquents held pending transfer to a facility upon placement, and juvenile delinquents held at the request of the office of children and family services pending extension of place- ment hearings or release revocation hearings or while awaiting disposi- tion of such hearings; and youth alleged to be or convicted as juvenile offenders AND, PRIOR TO JANUARY FIRST, TWO THOUSAND EIGHTEEN, YOUTH ALLEGED TO BE PERSONS IN NEED OF SUPERVISION OR ADJUDICATED PERSONS IN NEED OF SUPERVISION HELD PENDING TRANSFER TO A FACILITY UPON PLACEMENT IN FOSTER CARE PROGRAMS CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY S. 2006 137 A. 3006 SERVICES, CERTIFIED OR APPROVED FAMILY BOARDING HOMES, AND NON-SECURE DETENTION FACILITIES CERTIFIED BY THE OFFICE, shall be subject to state reimbursement for up to fifty percent of the municipality's expendi- tures, exclusive of any federal funds made available for such purposes, not to exceed the municipality's distribution from funds that have been appropriated specifically therefor for that program year. Municipalities shall implement the use of detention risk assessment instruments in a manner prescribed by the office so as to inform detention decisions. Notwithstanding any other provision of state law to the contrary, data necessary for completion of a detention risk assessment instrument may be shared among law enforcement, probation, courts, detention adminis- trators, detention providers, and the attorney for the child upon retention or appointment; solely for the purpose of accurate completion of such risk assessment instrument, and a copy of the completed detention risk assessment instrument shall be made available to the applicable detention provider, the attorney for the child and the court. (b) The state funds appropriated for juvenile detention services shall be distributed to eligible municipalities by the office of children and family services based on a plan developed by the office which may consider historical information regarding the number of youth remanded to detention, the municipality's reduction in the use of detention, the municipality's youth population, and other factors as determined by the office. Such plan developed by the office shall be subject to the approval of the director of the budget. The office is authorized, in its discretion, to make advance distributions to a municipality in antic- ipation of state reimbursement. (c) A municipality may also use the funds distributed to it for juve- nile detention services under this section for a particular program year for sixty-two percent of a municipality's eligible expenditures for supervision and treatment services for juveniles programs approved under section five hundred twenty-nine-b of this title for services that were not reimbursed from a municipality's distribution under such program provided to at-risk, alleged or adjudicated juvenile delinquents or persons alleged or adjudicated to be in need of supervision, or alleged to be or convicted as juvenile offenders in community-based non-residen- tial settings. Any claims submitted by a municipality for reimbursement for detention services or supervision and treatment services for juve- niles provided during a particular program year for which the munici- pality does not receive state reimbursement from the municipality's distribution of detention services funds for that program year may not be claimed against the municipality's distribution of funds available under this section for the next applicable program year. The office may require that such claims be submitted to the office electronically at such times and in the manner and format required by the office. [(d)(i)] (2-A)(A) Notwithstanding any provision of law or regulation to the contrary, any information or data necessary for the development, validation or revalidation of the detention risk assessment instrument shall be shared among local probation departments, the office of probation and correctional alternatives and, where authorized by the division of criminal justice services, the entity under contract with the division to provide information technology services related to youth assessment and screening, the office of children and family services, and any entity under contract with the office of children and family services to provide services relating to the development, validation or revalidation of the detention risk assessment instrument. Any such information and data shall not be commingled with any criminal history S. 2006 138 A. 3006 database. Any information and data used and shared pursuant to this section shall only be used and shared for the purposes of this section and in accordance with this section. Such information shall be shared and received in a manner that protects the confidentiality of such information. The sharing, use, disclosure and redisclosure of such information to any person, office, or other entity not specifically authorized to receive it pursuant to this section or any other law is prohibited. [(ii)] (B) The office of children and family services shall consult with individuals with professional research experience and expertise in criminal justice; social work; juvenile justice; and applied mathemat- ics, psychometrics and/or statistics to assist the office in determining the method it will use to: develop, validate and revalidate such detention risk assessment instrument; and analyze the effectiveness of the use of such detention risk assessment instrument in accomplishing its intended goals; and analyze, to the greatest extent possible any disparate impact on detention outcomes for juveniles based on race, sex, national origin, economic status and any other constitutionally protected class, regarding the use of such instrument. The office shall consult with such individuals regarding whether it is appropriate to attempt to analyze whether there is any such disparate impact based on sexual orientation and, if so, the best methods to conduct such analy- sis. The office shall take into consideration any recommendations given by such individuals involving improvements that could be made to such instrument and process. [(iii)] (C) Data collected for the purposes of completing the detention risk assessment instrument from any source other than an offi- cially documented record shall be confirmed as soon as practicable. Should any data originally utilized in completing the risk assessment instrument be found to conflict with the officially documented record, the risk assessment instrument shall be completed with the officially documented data and any corresponding revision to the risk categori- zation shall be made. The office shall periodically revalidate any approved risk assessment instrument. The office shall conspicuously post any approved detention risk assessment instrument on its website and shall confer with appropriate stakeholders, including but not limited to, attorneys for children, presentment agencies, probation, and the family court, prior to revising any validated risk assessment instru- ment. Any such revised risk assessment instrument shall be subject to periodic empirical validation. 4. (a) The municipality must notify the office of children and family services of state aid received under other state aid formulas by each detention facility for which the municipality is seeking reimbursement pursuant to this section, including but not limited to, aid for educa- tion, probation and mental health services. (b) EXCEPT AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION: (I) In computing reimbursement to the municipality pursuant to this section, the office shall insure that the aggregate of state aid under all state aid formulas shall not exceed fifty percent of the cost of care, mainte- nance and supervision provided to detainees eligible for state reimbursement under subdivision two of this section, exclusive of feder- al aid for such purposes not to exceed the amount of the municipality's distribution under the juvenile detention services program. [(c)] (II) Reimbursement for administrative related expenditures as defined by the office of children and family services, for secure and nonsecure detention services shall not exceed seventeen percent of the S. 2006 139 A. 3006 total approved expenditures for facilities of twenty-five beds or more and shall not exceed twenty-one percent of the total approved expendi- tures for facilities with less than twenty-five beds. 5. (a) Except as provided in paragraph (b) of this subdivision, care, maintenance and supervision for the purpose of this section shall mean and include only: (1) temporary care, maintenance and supervision provided TO alleged juvenile delinquents and persons in need of supervision in detention facilities certified pursuant to sections seven hundred twenty and 305.2 of the family court act by the office of children and family services, pending adjudication of alleged delinquency or alleged need of super- vision by the family court, or pending transfer to institutions to which committed or placed by such court or while awaiting disposition by such court after adjudication or held pursuant to a securing order of a crim- inal court if the person named therein as principal is under sixteen YEARS OF AGE; or[,] (1-A) COMMENCING ON JANUARY FIRST, TWO THOUSAND EIGHTEEN, TEMPORARY CARE, MAINTENANCE, AND SUPERVISION PROVIDED TO ALLEGED JUVENILE DELIN- QUENTS IN DETENTION FACILITIES CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, PENDING ADJUDICATION OF ALLEGED DELINQUENCY BY THE FAMILY COURT, OR PENDING TRANSFER TO INSTITUTIONS TO WHICH COMMITTED OR PLACED BY SUCH COURT OR WHILE AWAITING DISPOSITION BY SUCH COURT AFTER ADJUDICATION OR HELD PURSUANT TO A SECURING ORDER OF A CRIMINAL COURT IF THE PERSON NAMED THEREIN AS PRINCIPAL IS UNDER TWENTY-ONE; OR (2) temporary care, maintenance and supervision provided juvenile delinquents in approved detention facilities at the request of the office of children and family services pending release revocation hear- ings or while awaiting disposition after such hearings; or (3) temporary care, maintenance and supervision in approved detention facilities for youth held pursuant to the family court act or the inter- state compact on juveniles, pending return to their place of residence or domicile[.]; OR (4) PRIOR TO JANUARY FIRST, TWO THOUSAND EIGHTEEN, temporary care, maintenance and supervision provided youth detained in foster care facilities or certified or approved family boarding homes pursuant to article seven of the family court act. (b) Payments made for reserved accommodations, whether or not in full time use, approved AND CERTIFIED by the office of children and family services [and certified pursuant to sections seven hundred twenty and 305.2 of the family court act], in order to assure that adequate accom- modations will be available for the immediate reception and proper care therein of youth for which detention costs are reimbursable pursuant to paragraph (a) of this subdivision, shall be reimbursed as expenditures for care, maintenance and supervision under the provisions of this section, provided the office shall have given its prior approval for reserving such accommodations. 6. The [director of the division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES may adopt, amend, or rescind all rules and regulations, subject to the approval of the director of the budget and certification to the chairmen of the senate finance and assembly ways and means committees, necessary to carry out the provisions of this section. 7. The agency administering detention for each county and the city of New York shall submit to the office of children and family services, at such times and in such form and manner and containing such information as required by the office of children and family services, an annual report on youth remanded pursuant to article three or seven of the fami- S. 2006 140 A. 3006 ly court act who are detained during each calendar year including, commencing January first, two thousand twelve, the risk level of each detained youth as assessed by a detention risk assessment instrument approved by the office of children and family services PROVIDED, HOWEV- ER, THAT THE REPORT DUE JANUARY FIRST, TWO THOUSAND NINETEEN AND THERE- AFTER SHALL NOT BE REQUIRED TO CONTAIN ANY INFORMATION ON YOUTH WHO ARE SUBJECT TO ARTICLE SEVEN OF THE FAMILY COURT ACT. The office may require that such data on detention use be submitted to the office elec- tronically. Such report shall include, but not be limited to, the reason for the court's determination in accordance with section 320.5 or seven hundred thirty-nine of the family court act, IF APPLICABLE, to detain the youth; the offense or offenses with which the youth is charged; and all other reasons why the youth remains detained. The office shall submit a compilation of all the separate reports to the governor and the legislature. 8. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, COMMENCING JANUARY FIRST, TWO THOUSAND SEVENTEEN, STATE REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF A MUNICIPALITY'S ELIGIBLE EXPENDITURES FOR THE CARE, MAINTENANCE AND SUPERVISION OF YOUTH SIXTEEN YEARS OF AGE OR OLDER IN NON-SECURE AND SECURE DETENTION FACILI- TIES WHEN SUCH DETENTION WOULD NOT OTHERWISE HAVE OCCURRED ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE. S 100. Section 4 of part K of chapter 57 of the laws of 2012, amending the education law, relating to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services, is amended to read as follows: S 4. This act shall take effect July 1, 2012 [and shall expire June 30, 2015 when upon such date the provisions of this act shall be deemed repealed]. S 101. This act shall take effect immediately; provided, however, that: 1. the amendments to subdivision 4 of section 353.5 of the family court act made by section twenty-four of this act shall not affect the expiration and reversion of such subdivision and shall expire and be deemed repealed therewith, when upon such date the provisions of section twenty-five of this act shall take effect; 2. the amendments to section 153-k of the social services law made by section forty-eight of this act shall not affect the expiration of such section and shall expire and be deemed repealed therewith; 3. the amendments to section 404 of the social services law made by section fifty-two of this act shall not affect the expiration of such section and shall expire and be deemed repealed therewith; 4. the amendments to subdivision 1 of section 70.20 of the penal law made by section fifty-eight of this act shall not affect the expiration of such subdivision and shall expire and be deemed repealed therewith; 5. the amendments to paragraph (f) of subdivision 1 of section 70.30 of the penal law made by section sixty-a of this act shall not affect the expiration of such paragraph and shall be deemed to expire there- with; 6. the amendments to subparagraph 8 of paragraph h of subdivision 4 of section 1950 of the education law made by section eighty-seven of this act shall not affect the repeal of such subparagraph and shall be deemed repealed therewith; S. 2006 141 A. 3006 7. the amendments to subparagraph 1 of paragraph d of subdivision 3 of section 3214 of the education law made by section eighty-eight of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith; and 8. the amendments to the second undesignated paragraph of subdivision 4 of section 246 of the executive law made by section ninety-one of this act shall not affect the expiration of such paragraph and shall expire and be deemed repealed therewith. PART K Section 1. The section heading of section 456 of the social services law, as added by chapter 865 of the laws of 1977, is amended to read as follows: State reimbursement AND PAYMENTS. S 2. Paragraphs (c) and (d) of subdivision 1 of section 456 of the social services law, as amended by chapter 601 of the laws of 1994, are amended to read as follows: [(c) one hundred per centum of such payments after first deducting therefrom any federal funds properly to be received on account of such payments, for children placed out for adoption by a voluntary authorized agency or for children being adopted after being placed out for adoption by a voluntary authorized agency in accordance with the provisions of this title,] or [(d)] (C) one hundred per centum of such payments after first deducting therefrom any federal funds properly to be received on account of such payments, for children placed out for adoption or being adopted after being placed out for adoption by an Indian tribe as refer- enced in subdivision seven of section four hundred fifty-one of this title. S 3. Section 456 of the social services law is amended by adding a new subdivision 3 to read as follows: 3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR A CHILD WHO HAS BEEN PLACED FOR ADOPTION BY A VOLUNTARY AUTHORIZED AGENCY WITH GUARDIANSHIP AND CUSTODY OR CARE AND CUSTODY OF SUCH CHILD, AS REFERENCED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTY-ONE OF THIS TITLE, PAYMENTS AVAILABLE UNDER SECTION FOUR HUNDRED FIFTY-THREE, FOUR HUNDRED FIFTY-THREE-A OR FOUR HUNDRED FIFTY-FOUR OF THIS TITLE SHALL BE MADE BY THE STATE PURSUANT TO A WRITTEN AGREEMENT BETWEEN AN OFFICIAL OF THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE PERSONS WHO APPLIED FOR SUCH PAYMENTS PRIOR TO ADOPTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT ENTER INTO WRITTEN AGREEMENTS FOR, OR ISSUE, ANY SUCH PAYMENTS IN INSTANCES WHERE THE PERSON OR PERSONS APPLYING FOR SUCH PAYMENTS RESIDE OUTSIDE OF THE STATE OF NEW YORK AT THE TIME THE APPLICATION FOR SUCH PAYMENTS IS MADE. S 4. This act shall take effect July 1, 2015 and shall only apply to applications for payments under sections 453, 453-a or 454 of the social services law that are made on or after such effective date; provided, however, that effective immediately the commissioner of the office of children and family services is authorized and directed to promulgate such rules and regulations as he or she deems necessary to implement the provisions of this act on or before its effective date. PART L S. 2006 142 A. 3006 Section 1. Section 458-a of the social services law is amended by adding three new subdivisions 6, 7 and 8 to read as follows: 6. "SUCCESSOR GUARDIAN" SHALL MEAN A PERSON OR PERSONS NAMED IN THE AGREEMENT IN EFFECT BETWEEN THE RELATIVE GUARDIAN AND SOCIAL SERVICES OFFICIAL FOR KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS PURSUANT TO THIS TITLE TO PROVIDE CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT OF DEATH OR INCAPACITY OF THE RELATIVE GUARDIAN, AS SET FORTH IN SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS TITLE, WHO HAS ASSUMED CARE FOR AND IS THE GUARDIAN OR PERMANENT GUARDIAN OF SUCH CHILD, PROVIDED THAT SUCH PERSON WAS APPOINTED GUARDIAN OR PERMANENT GUARDIAN OF SUCH CHILD FOLLOWING, OR DUE TO, THE DEATH OR INCAPACITY OF THE RELATIVE GUARDIAN. 7. "PROSPECTIVE SUCCESSOR GUARDIAN" SHALL MEAN A PERSON OR PERSONS WHOM A PROSPECTIVE RELATIVE GUARDIAN OR A RELATIVE GUARDIAN SEEKS TO NAME IN THE ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT, OR ANY AMENDMENT THERETO, AS SET FORTH IN SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS TITLE, AS THE PERSON OR PERSONS TO PROVIDE CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT OF THE DEATH OR INCAPACITY OF A RELATIVE GUARD- IAN. 8. "INCAPACITY" SHALL MEAN A SUBSTANTIAL INABILITY TO CARE FOR A CHILD AS A RESULT OF: (A) A PHYSICALLY DEBILITATING ILLNESS, DISEASE OR INJU- RY; OR (B) A MENTAL IMPAIRMENT THAT RESULTS IN A SUBSTANTIAL INABILITY TO UNDERSTAND THE NATURE AND CONSEQUENCES OF DECISIONS CONCERNING THE CARE OF A CHILD. S 2. Subdivision 4 of section 458-b of the social services law is amended by adding two new paragraphs (e) and (f) to read as follows: (E) THE ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT EXECUTED IN ACCORDANCE WITH THIS SECTION AND ANY AMENDMENTS THERETO MAY NAME AN APPROPRIATE PERSON TO ACT AS A SUCCESSOR GUARDIAN FOR THE PURPOSE OF PROVIDING CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT OF DEATH OR INCAPACITY OF THE RELATIVE GUARDIAN. (F) A FULLY EXECUTED AGREEMENT BETWEEN A RELATIVE GUARDIAN AND A SOCIAL SERVICES OFFICIAL MAY BE AMENDED TO ADD OR MODIFY TERMS AND CONDITIONS MUTUALLY AGREEABLE TO THE RELATIVE GUARDIAN AND THE SOCIAL SERVICES OFFICIAL, INCLUDING THE NAMING OF AN APPROPRIATE PERSON TO PROVIDE CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT OF DEATH OR INCA- PACITY OF THE RELATIVE GUARDIAN. S 3. Subdivision 5 of section 458-b of the social services law, as added by section 4 of part F of chapter 58 of the laws of 2010, is amended to read as follows: 5. (A) Once the prospective relative guardian with whom a social services official has entered into an agreement under subdivision four of this section has been issued letters of guardianship for the child and the child has been finally discharged from foster care to such rela- tive, a social services official shall make monthly kinship guardianship assistance payments for the care and maintenance of the child. (B) A SOCIAL SERVICES DISTRICT SHALL MAKE MONTHLY KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR THE CARE AND MAINTENANCE OF A CHILD TO A SUCCES- SOR GUARDIAN IN THE EVENT OF DEATH OR INCAPACITY OF A RELATIVE GUARDIAN, PROVIDED HOWEVER THAT SUCH PAYMENTS SHALL NOT BE AUTHORIZED UNTIL THE SUCCESSOR GUARDIAN IS GRANTED GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF A CHILD AND ASSUMES CARE OF SUCH CHILD; PROVIDED, FURTHER, HOWEVER, THAT IF THE SUCCESSOR GUARDIAN ASSUMES CARE OF THE CHILD PRIOR TO BEING GRANTED GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF THE CHILD, PAYMENTS UNDER THIS TITLE SHALL BE MADE RETROACTIVELY FROM: (I) IN THE EVENT OF DEATH OF THE RELATIVE GUARDIAN, THE DATE THE SUCCESSOR GUARDIAN ASSUMED CARE OF THE CHILD OR THE DATE OF DEATH OF THE RELATIVE GUARDIAN, WHICH- S. 2006 143 A. 3006 EVER IS LATER; OR (II) IN THE EVENT OF INCAPACITY OF THE RELATIVE GUARD- IAN, THE DATE THE SUCCESSOR GUARDIAN ASSUMED CARE OF THE CHILD OR THE DATE OF INCAPACITY OF THE RELATIVE GUARDIAN, WHICHEVER IS LATER. (C) IN THE EVENT THAT A SUCCESSOR GUARDIAN ASSUMED CARE AND WAS AWARDED GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF A CHILD DUE TO THE INCAPACITY OF A RELATIVE GUARDIAN AND THE RELATIVE GUARDIAN IS SUBSE- QUENTLY AWARDED OR RESUMES GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF SUCH CHILD AND ASSUMES CARE OF SUCH CHILD AFTER THE INCAPACITY ENDS, A SOCIAL SERVICES OFFICIAL SHALL MAKE MONTHLY KINSHIP GUARDIANSHIP ASSIST- ANCE PAYMENTS FOR THE CARE AND MAINTENANCE OF THE CHILD TO THE RELATIVE GUARDIAN, IN ACCORDANCE WITH THE TERMS OF THE FULLY EXECUTED WRITTEN AGREEMENT. S 4. Paragraph (b) of subdivision 7 of section 458-b of the social services law, as added by section 4 of part F of chapter 58 of the laws of 2010, is amended to read as follows: (b) (I) Notwithstanding paragraph (a) of this subdivision, AND EXCEPT AS PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION, no kinship guardianship assistance payments may be made pursuant to this title if the social services official determines that the relative guar- dian is no longer legally responsible for the support of the child, including if the status of the legal guardian is terminated or the child is no longer receiving any support from such guardian. In accordance with the regulations of the office, a relative guardian who has been receiving kinship guardianship assistance payments on behalf of a child under this title must keep the social services official informed, on an annual basis, of any circumstances that would make the relative guardian ineligible for such payments or eligible for payments in a different amount. (II) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, AND EXCEPT AS PROVIDED FOR IN PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS SECTION, NO KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS MAY BE MADE PURSUANT TO THIS TITLE TO A SUCCESSOR GUARDIAN IF THE SOCIAL SERVICES OFFICIAL DETERMINES THAT THE SUCCESSOR GUARDIAN IS NO LONGER LEGALLY RESPONSIBLE FOR THE SUPPORT OF THE CHILD, INCLUDING IF THE STATUS OF THE SUCCESSOR GUARDIAN IS TERMINATED OR THE CHILD IS NO LONGER RECEIVING ANY SUPPORT FROM SUCH GUARDIAN. A SUCCESSOR GUARDIAN WHO HAS BEEN RECEIVING KINSHIP GUARDIAN- SHIP ASSISTANCE PAYMENTS ON BEHALF OF A CHILD UNDER THIS TITLE MUST KEEP THE SOCIAL SERVICES OFFICIAL INFORMED, ON AN ANNUAL BASIS, OF ANY CIRCUMSTANCES THAT WOULD MAKE THE SUCCESSOR GUARDIAN INELIGIBLE FOR SUCH PAYMENTS OR ELIGIBLE FOR PAYMENTS IN A DIFFERENT AMOUNT. S 5. Subdivision 8 of section 458-b of the social services law, as added by section 4 of part F of chapter 58 of the laws of 2010, is amended to read as follows: 8. The placement of the child with the relative guardian OR SUCCESSOR GUARDIAN and any kinship guardianship assistance payments made on behalf of the child under this section shall be considered never to have been made when determining the eligibility for adoption subsidy payments under title nine of this article of a child in such legal guardianship arrangement. S 6. Subdivision 2 of section 458-d of the social services law, as added by section 4 of part F of chapter 58 of the laws of 2010, is amended to read as follows: 2. In addition, a social services official shall make payments for the cost of care, services and supplies payable under the state's program of medical assistance for needy persons provided to any child for whom kinship guardianship assistance payments are being made under this title S. 2006 144 A. 3006 who is not eligible for medical assistance under subdivision one of this section and for whom the relative OR SUCCESSOR guardian is unable to obtain appropriate and affordable medical coverage through any other available means, regardless of whether the child otherwise qualifies for medical assistance for needy persons. Payments pursuant to this subdivi- sion shall be made only with respect to the cost of care, services, and supplies which are not otherwise covered or subject to payment or reimbursement by insurance, medical assistance or other sources. Payments made pursuant to this subdivision shall only be made if the relative OR SUCCESSOR guardian applies to obtain such medical coverage for the child from all available sources, unless the social services official determines that the relative guardian has good cause for not applying for such coverage; which shall include that appropriate cover- age is not available or affordable. S 7. Subdivisions 1 and 2 of section 458-f of the social services law, as added by section 4 of part F of chapter 58 of the laws of 2010, are amended to read as follows: 1. Any person aggrieved by the decision of a social services official not to make a payment or payments pursuant to this title or to make such payment or payments in an inadequate or inappropriate amount or the failure of a social services official to determine an application under this title within thirty days after filing, OR THE FAILURE OF A SOCIAL SERVICES DISTRICT TO APPROVE A PROSPECTIVE SUCCESSOR GUARDIAN, may appeal to the office of children and family services, which shall review the case and give such person an opportunity for a fair hearing thereon and render its decision within thirty days. All decisions of the office of children and family services shall be binding upon the social services district involved and shall be complied with by the social services official thereof. 2. The only issues which may be raised in a fair hearing under this section are: (a) whether the social services official has improperly denied an application for payments under this title; (b) whether the social services official has improperly discontinued payments under this title; (c) whether the social services official has determined the amount of the payments made or to be made in violation of the provisions of this title or the regulations of the office of children and family services promulgated hereunder; [or] (d) whether the social services official has failed to determine an application under this title within thirty days; OR (E) WHETHER THE SOCIAL SERVICES OFFICIAL HAS IMPROPERLY DENIED AN APPLICATION TO NAME A PROSPECTIVE SUCCESSOR GUARDIAN IN THE ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT FOR PAYMENTS PURSUANT TO THIS TITLE OR ANY AMENDMENTS THERETO. S 8. Paragraph (c) of subdivision 7 of section 353.3 of the family court act, as amended by section 6 of part G of chapter 58 of the laws of 2010, is amended to read as follows: (c) Where the respondent is placed pursuant to subdivision two or three of this section, such report shall contain a plan for the release, or conditional release (pursuant to section five hundred ten-a of the executive law), of the respondent to the custody of his or her parent or other person legally responsible, [to independent living] or to another permanency alternative as provided in paragraph (d) of subdivision seven of section 355.5 of this part. If the respondent is subject to article sixty-five of the education law or elects to participate in an educa- tional program leading to a high school diploma, such plan shall include, but not be limited to, the steps that the agency with which the respondent is placed has taken and will be taking to facilitate the S. 2006 145 A. 3006 enrollment of the respondent in a school or educational program leading to a high school diploma following release, or, if such release occurs during the summer recess, upon the commencement of the next school term. If the respondent is not subject to article sixty-five of the education law and does not elect to participate in an educational program leading to a high school diploma, such plan shall include, but not be limited to, the steps that the agency with which the respondent is placed has taken and will be taking to assist the respondent to become gainfully employed or enrolled in a vocational program following release. S 9. Paragraph (b) of subdivision 7 of section 355.5 of the family court act, as added by chapter 7 of the laws of 1999, is amended to read as follows: (b) in the case of a respondent who has attained the age of [sixteen] FOURTEEN, the services needed, if any, to assist the respondent to make the transition from foster care to independent living; S 10. Paragraph (d) of subdivision 7 of section 355.5 of the family court act, as amended by chapter 181 of the laws of 2000, is amended to read as follows: (d) with regard to the completion of placement ordered by the court pursuant to section 353.3 or 355.3 of this [article] PART: whether and when the respondent: (i) will be returned to the parent; (ii) should be placed for adoption with the local commissioner of social services filing a petition for termination of parental rights; (iii) should be referred for legal guardianship; (iv) should be placed permanently with a fit and willing relative; or (v) should be placed in another planned permanent living arrangement WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT if THE RESPONDENT IS AGE SIXTEEN OR OLDER AND (A) the office of children and family services or the local commissioner of social services has documented to the court [a]: (1) THE INTENSIVE, ONGOING, AND, AS OF THE DATE OF THE HEARING, UNSUCCESSFUL EFFORTS MADE TO RETURN THE RESPONDENT HOME OR SECURE A PLACEMENT FOR THE RESPONDENT WITH A FIT AND WILLING RELATIVE INCLUDING ADULT SIBLINGS, A LEGAL GUARDIAN, OR AN ADOPTIVE PARENT, INCLUDING THROUGH EFFORTS THAT UTILIZE SEARCH TECHNOLOGY INCLUDING SOCIAL MEDIA TO FIND BIOLOGICAL FAMILY MEMBERS FOR CHILDREN, (2) THE STEPS BEING TAKEN TO ENSURE THAT (I) THE RESPONDENT'S FOSTER FAMILY HOME OR CHILD CARE FACILITY IS FOLLOWING THE REASONABLE AND PRUDENT PARENT STANDARD IN ACCORDANCE WITH GUIDANCE PROVIDED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND (II) THE RESPONDENT HAS REGULAR, ONGOING OPPORTUNITIES TO ENGAGE IN AGE OR DEVELOPMENTALLY APPROPRIATE ACTIVITIES INCLUDING BY CONSULTING WITH THE RESPONDENT IN AN AGE-APPROPRIATE MANNER ABOUT THE OPPORTUNITIES OF THE RESPONDENT TO PARTICIPATE IN ACTIVITIES; AND (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES OR THE LOCAL COMMISSIONER OF SOCIAL SERVICES HAS DOCUMENTED TO THE COURT AND THE COURT HAS DETERMINED THAT THERE ARE compelling [reason] REASONS for determining that it [would] CONTINUES TO not be in the best interest of the respondent to return home, be referred for termination of parental rights and placed for adoption, placed with a fit and willing relative, or placed with a legal guardian; and (C) THE COURT HAS MADE A DETERMINATION EXPLAINING WHY, AS OF THE DATE OF THIS HEARING, ANOTHER PLANNED LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT IS THE BEST PERMANENCY PLAN FOR THE RESPONDENT; AND S 11. Subdivision 8 of section 355.5 of the family court act, as added by section 2 of part B of chapter 327 of the laws of 2007, is amended to read as follows: S. 2006 146 A. 3006 8. At the permanency hearing, the court shall consult with the respondent in an age-appropriate manner regarding the permanency plan for the respondent; PROVIDED, HOWEVER, THAT IF THE RESPONDENT IS AGE SIXTEEN OR OLDER AND THE REQUESTED PERMANENCY PLAN FOR THE RESPONDENT IS PLACEMENT IN ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT WITH A SIGNIF- ICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT, THE COURT MUST ASK THE RESPONDENT ABOUT THE DESIRED PERMAN- ENCY OUTCOME FOR THE RESPONDENT. S 12. Subparagraph (ii) of paragraph (a) of subdivision 2 of section 754 of the family court act, as amended by chapter 7 of the laws of 1999, is amended to read as follows: (ii) in the case of a child who has attained the age of [sixteen] FOURTEEN, the services needed, if any, to assist the child to make the transition from foster care to independent living. Nothing in this subdivision shall be construed to modify the standards for directing detention set forth in section seven hundred thirty-nine of this arti- cle. S 13. The closing paragraph of paragraph (b) of subdivision 2 of section 754 of the family court act, as added by chapter 7 of the laws of 1999, is amended to read as follows: If the court determines that reasonable efforts are not required because of one of the grounds set forth above, a permanency hearing shall be held within thirty days of the finding of the court that such efforts are not required. At the permanency hearing, the court shall determine the appropriateness of the permanency plan prepared by the social services official which shall include whether and when the child: (A) will be returned to the parent; (B) should be placed for adoption with the social services official filing a petition for termination of parental rights; (C) should be referred for legal guardianship; (D) should be placed permanently with a fit and willing relative; or (E) should be placed in another planned permanent living arrangement WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD IF THE CHILD IS AGE SIXTEEN OR OLDER AND if the [social services official has documented to the court a compelling reason for determining that it would not be in the best interest of the child to return home, be referred for termination of parental rights and placed for adoption, placed with a fit and willing relative, or placed with a legal guardian] REQUIREMENTS OF SUBPARAGRAPH (E) OF PARAGRAPH (IV) OF SUBDIVISION (D) OF SECTION SEVEN HUNDRED FIFTY-SIX-A OF THIS PART HAVE BEEN MET. The social services official shall thereafter make reasonable efforts to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child as set forth in the permanency plan approved by the court. If reasonable efforts are determined by the court not to be required because of one of the grounds set forth in this paragraph, the social services official may file a petition for termination of parental rights in accordance with section three hundred eighty-four-b of the social services law. S 14. Paragraph (ii) of subdivision (d) of section 756-a of the family court act, as amended by section 4 of part B of chapter 327 of the laws of 2007, is amended to read as follows: (ii) in the case of a child who has attained the age of [sixteen] FOURTEEN, the services needed, if any, to assist the child to make the transition from foster care to independent living; S 15. Paragraphs (iii) and (iv) of subdivision (d) of section 756-a of the family court act, as amended by section 4 of part B of chapter 327 of the laws of 2007, are amended to read as follows: S. 2006 147 A. 3006 (iii) in the case of a child placed outside New York state, whether the out-of-state placement continues to be appropriate and in the best interests of the child; [and] (iv) whether and when the child: (A) will be returned to the parent; (B) should be placed for adoption with the social services official filing a petition for termination of parental rights; (C) should be referred for legal guardianship; (D) should be placed permanently with a fit and willing relative; or (E) should be placed in another planned permanent living arrangement WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD if THE CHILD IS AGE SIXTEEN OR OLDER AND (1) the social services official has documented to the court [a]: (I) INTENSIVE, ONGOING, AND, AS OF THE DATE OF THE HEAR- ING, UNSUCCESSFUL EFFORTS MADE BY THE SOCIAL SERVICES DISTRICT TO RETURN THE CHILD HOME OR SECURE A PLACEMENT FOR THE CHILD WITH A FIT AND WILL- ING RELATIVE INCLUDING ADULT SIBLINGS, A LEGAL GUARDIAN, OR AN ADOPTIVE PARENT, INCLUDING THROUGH EFFORTS THAT UTILIZE SEARCH TECHNOLOGY INCLUD- ING SOCIAL MEDIA TO FIND BIOLOGICAL FAMILY MEMBERS FOR CHILDREN, (II) THE STEPS THE SOCIAL SERVICES DISTRICT IS TAKING TO ENSURE THAT (A) THE CHILD'S FOSTER FAMILY HOME OR CHILD CARE FACILITY IS FOLLOWING THE REASONABLE AND PRUDENT PARENT STANDARD IN ACCORDANCE WITH GUIDANCE PROVIDED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND (B) THE CHILD HAS REGULAR, ONGOING OPPORTUNITIES TO ENGAGE IN AGE OR DEVELOPMENTALLY APPROPRIATE ACTIVITIES INCLUDING BY CONSULTING WITH THE CHILD IN AN AGE-APPROPRIATE MANNER ABOUT THE OPPORTUNITIES OF THE CHILD TO PARTICIPATE IN ACTIVITIES; AND (2) THE SOCIAL SERVICES DISTRICT HAS DOCUMENTED TO THE COURT AND THE COURT HAS DETERMINED THAT THERE ARE compelling [reason] REASONS for determining that it [would] CONTINUES TO not be in the best interest of the child to return home, be referred for termination of parental rights and placed for adoption, placed with a fit and willing relative, or placed with a legal guardian; and (3) THE COURT HAS MADE A DETERMINATION EXPLAINING WHY, AS OF THE DATE OF THE HEARING, ANOTHER PLANNED LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD IS THE BEST PERMANENCY PLAN FOR THE CHILD; AND (V) where the child will not be returned home, consideration of appro- priate in-state and out-of-state placements. S 16. Subdivision (d-1) of section 756-a of the family court act, as added by section 4 of part B of chapter 327 of the laws of 2007, is amended to read as follows: (d-1) At the permanency hearing, the court shall consult with the respondent in an age-appropriate manner regarding the permanency plan; PROVIDED, HOWEVER, THAT IF THE RESPONDENT IS AGE SIXTEEN OR OLDER AND THE REQUESTED PERMANENCY PLAN FOR THE RESPONDENT IS PLACEMENT IN ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT, THE COURT MUST ASK THE RESPONDENT ABOUT THE DESIRED PERMANENCY OUTCOME FOR THE RESPONDENT. S 17. Paragraph (v) of subdivision (c) of section 1039-b of the family court act, as amended by section 5 of part B of chapter 327 of the laws of 2007, is amended to read as follows: (v) should be placed in another planned permanent living arrangement WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD IF THE CHILD IS AGE SIXTEEN OR OLDER AND if the [social services official has documented to the court a compelling reason for determining that it would not be in the best interests of the child to return home, be referred for termination of parental rights and S. 2006 148 A. 3006 placed for adoption, placed with a fit and willing relative, or placed with a legal guardian] REQUIREMENTS OF CLAUSE (E) OF SUBPARAGRAPH (I) OF PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION ONE THOUSAND EIGHTY-NINE OF THIS CHAPTER HAVE BEEN MET. The social services official shall there- after make reasonable efforts to place the child in a timely manner, including consideration of appropriate in-state and out-of-state place- ments, and to complete whatever steps are necessary to finalize the permanent placement of the child as set forth in the permanency plan approved by the court. If reasonable efforts are determined by the court not to be required because of one of the grounds set forth in this para- graph, the social services official may file a petition for termination of parental rights in accordance with section three hundred eighty-four-b of the social services law. S 18. Item (v) of clause 7 of subparagraph (A) of paragraph (i) of subdivision (b) of section 1052 of the family court act, as amended by section 7 of part B of chapter 327 of the laws of 2007, is amended to read as follows: (v) should be placed in another planned permanent living arrangement that includes a significant connection to an adult [who is] willing to be a permanency resource for the child, IF THE CHILD IS AGE SIXTEEN OR OLDER AND if the [social services official has documented to the court a compelling reason for determining that it would not be in the best interest of the child to return home, be referred for termination of parental rights and placed for adoption, placed with a fit and willing relative, or placed with a legal guardian] REQUIREMENTS OF CLAUSE (E) OF SUBPARAGRAPH (I) OF PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION ONE THOUSAND EIGHTY-NINE OF THE CHAPTER HAVE BEEN MET. The social services official shall thereafter make reasonable efforts to place the child in a timely manner, including consideration of appropriate in-state and out-of-state placements, and to complete whatever steps are necessary to finalize the permanent placement of the child as set forth in the permanency plan approved by the court. If reasonable efforts are deter- mined by the court not to be required because of one of the grounds set forth in this paragraph, the social services official may file a peti- tion for termination of parental rights in accordance with section three hundred eighty-four-b of the social services law. S 19. Subparagraph (v) of paragraph 1 of subdivision (c) of section 1089 of the family court act, as added by section 27 of part A of chap- ter 3 of the laws of 2005, is amended to read as follows: (v) placement in another planned permanent living arrangement that includes a significant connection to an adult who is willing to be a permanency resource for the child IF THE CHILD IS AGE SIXTEEN OR OLDER, including documentation of: (A) INTENSIVE, ONGOING, AND, AS OF THE DATE OF THE HEARING, UNSUCCESSFUL EFFORTS TO RETURN THE CHILD HOME OR SECURE A PLACEMENT FOR THE CHILD WITH A FIT AND WILLING RELATIVE INCLUDING ADULT SIBLINGS, A LEGAL GUARDIAN, OR AN ADOPTIVE PARENT, INCLUDING THROUGH EFFORTS THAT UTILIZE SEARCH TECHNOLOGY INCLUDING SOCIAL MEDIA TO FIND BIOLOGICAL FAMILY MEMBERS FOR CHILDREN, (B) THE STEPS BEING TAKEN TO ENSURE THAT (I) THE CHILD'S FOSTER FAMILY HOME OR CHILD CARE FACILITY IS FOLLOWING THE REASONABLE AND PRUDENT PARENT STANDARD IN ACCORDANCE WITH THE GUIDANCE PROVIDED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND (II) THE CHILD HAS REGULAR, ONGOING OPPORTUNITIES TO ENGAGE IN AGE OR DEVELOPMENTALLY APPROPRIATE ACTIVITIES INCLUDING BY CONSULTING WITH THE CHILD IN AN AGE-APPROPRIATE MANNER ABOUT THE OPPOR- TUNITIES OF THE CHILD TO PARTICIPATE IN ACTIVITIES, AND (C) the compel- ling [reason] REASONS for determining that it [would] CONTINUES TO not S. 2006 149 A. 3006 be in the best interests of the child to be returned home, placed for adoption, placed with a legal guardian, or placed with a fit and willing relative; S 20. The opening paragraph of subdivision (d) of section 1089 of the family court act, as amended by chapter 334 of the laws of 2009, is amended to read as follows: Evidence, court findings and order. The provisions of subdivisions (a) and (c) of section one thousand forty-six of this act shall apply to all proceedings under this article. THE PERMANENCY HEARING SHALL INCLUDE AN AGE APPROPRIATE CONSULTATION WITH THE CHILD; PROVIDED, HOWEVER THAT IF THE CHILD IS AGE SIXTEEN OR OLDER AND THE REQUESTED PERMANENCY PLAN FOR THE CHILD IS PLACEMENT IN ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD, THE COURT MUST ASK THE CHILD ABOUT THE DESIRED PERMANENCY OUTCOME FOR THE CHILD. At the conclusion of each permanency hearing, the court shall, upon the proof adduced, [which shall include age-appropriate consultation with the child who is the subject of the permanency hearing,] and in accordance with the best interests and safe- ty of the child, including whether the child would be at risk of abuse or neglect if returned to the parent or other person legally responsi- ble, determine and issue its findings, and enter an order of disposition in writing: S 21. Clause (E) of subparagraph (i) of paragraph 2 of subdivision (d) of section 1089 of the family court act, as added by section 27 of part A of chapter 3 of the laws of 2005, is amended to read as follows: (E) placement in another planned permanent living arrangement that includes a significant connection to an adult willing to be a permanency resource for the child if the [local social services official has docu- mented to] CHILD IS AGE SIXTEEN OR OLDER AND the court [a] HAS DETER- MINED THAT AS OF THE DATE OF THE PERMANENCY HEARING, ANOTHER PLANNED PERMANENCY LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD IS THE BEST PERMANENCY PLAN FOR THE CHILD AND THERE ARE compelling [reason] REASONS for deter- mining that it [would] CONTINUES TO not be in the best interests of the child to return home, be referred for termination of parental rights and placed for adoption, placed with a fit and willing relative, or placed with a legal guardian; S 22. Subdivision 2 of section 4173 of the public health law, as amended by chapter 644 of the laws of 1988, is amended to read as follows: 2. A certified copy or certified transcript of a birth record shall be issued only upon order of a court of competent jurisdiction or upon a specific request therefor by the person, if eighteen years of age or more, or by a parent or other lawful representative of the person to whom the record of birth relates INCLUDING AN AUTHORIZED REPRESENTATIVE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A LOCAL SOCIAL SERVICES DISTRICT IF THE PERSON IS IN THE CARE AND CUSTODY OR CUSTODY AND GUARDI- ANSHIP OF SUCH ENTITY. S 23. Paragraph (b) of subdivision 1 of section 4174 of the public health law, as amended by chapter 396 of the laws of 1989, is amended to read as follows: (b) issue certified copies or certified transcripts of birth certif- icates only (1) upon order of a court of competent jurisdiction, or (2) upon specific request therefor by the person, if eighteen years of age or more, or by a parent or other lawful representative of the person, to whom the record of birth relates INCLUDING AUTHORIZED REPRESENTATIVES OF S. 2006 150 A. 3006 A LOCAL SOCIAL SERVICES DISTRICT IF THE PERSON IS IN THE CARE AND CUSTO- DY OR CUSTODY AND GUARDIANSHIP OF SUCH DISTRICT, or (3) upon specific request therefor by a department of a state or the federal government of the United States; S 24. Subdivision 4 of section 4174 of the public health law, as amended by section 132 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 4. No fee shall be charged for a search, certification, certificate, certified copy or certified transcript of a record to be used for school entrance, employment certificate or for purposes of public relief or when required by the veterans administration to be used in determining the eligibility of any person to participate in the benefits made avail- able by the veterans administration or when required by a board of elections for the purposes of determining voter eligibility or when requested by the department of corrections and community supervision or a local correctional facility as defined in subdivision sixteen of section two of the correction law for the purpose of providing a certi- fied copy or certified transcript of birth to an inmate in anticipation of such inmate's release from custody or when requested by the office of children and family services or an authorized agency for the purpose of providing a certified copy or certified transcript of birth to a youth placed in the CARE AND custody OR CUSTODY AND GUARDIANSHIP of the local commissioner of social services or the CARE AND custody OR CUSTODY AND GUARDIANSHIP of the office of children and family services [pursuant to article three of the family court act] in anticipation of such youth's discharge from placement OR FOSTER CARE. S 25. Subdivision 1 of section 837-e of the executive law, as amended by chapter 690 of the laws of 1994, is amended to read as follows: 1. There is hereby established through electronic data processing and related procedures, a statewide central register for missing children which shall be compatible with the national crime information center register maintained pursuant to the federal missing children act of nineteen hundred eighty-two[, such missing]. AS USED IN THIS ARTICLE, THE TERM MISSING child [hereinafter defined as] SHALL MEAN any person under the age of eighteen years, OR ANY YOUTH, UNDER THE AGE OF TWENTY- ONE YEARS, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A LOCAL DEPARTMENT OF SOCIAL SERVICES HAS RESPONSIBILITY FOR PLACEMENT, CARE, OR SUPERVISION, OR WHO IS THE SUBJECT CHILD OF A CHILD PROTECTIVE INVESTI- GATION, IS RECEIVING SERVICES UNDER SECTION 477 OF THE SOCIAL SECURITY ACT, OR HAS RUN AWAY FROM FOSTER CARE, WHERE SUCH OFFICE OR DEPARTMENT HAS REASONABLE CAUSE TO BELIEVE THAT SUCH YOUTH IS, OR IS AT RISK OF BEING, A SEX TRAFFICKING VICTIM, WHO IS missing from his or her normal and ordinary place of residence and whose whereabouts cannot be deter- mined by a person responsible for the child's care and any child known to have been taken, enticed or concealed from the custody of his or her lawful guardian by a person who has no legal right to do so. S 26. Severability. If any clause, sentence, paragraph, subdivision, section or part contained in any part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivi- sion, section or part contained in any part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S. 2006 151 A. 3006 S 27. This act shall take effect immediately, provided however that sections eight through twenty-four of this act shall take effect Septem- ber 1, 2015 and section twenty-five of this act shall take effect Janu- ary 1, 2016. PART M Section 1. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural rental assistance program, a sum not to exceed twenty-one million six hundred forty-two thousand dollars for the fiscal year ending March 31, 2016. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural rental assistance program contracts author- ized by this section, a total sum not to exceed twenty-one million six hundred forty-two thousand dollars, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insur- ance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2014-2015 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2015. Notwithstanding any other provision of law, such funds may be used by the corporation in support of contracts scheduled to expire in the fiscal year ending March 31, 2016 for as many as 10 additional years; in support of contracts for new eligible projects for a period not to exceed 5 years; and in support of contracts which reach their 25 year maximum in and/or prior to the fiscal year ending March 31, 2016 for an additional one year period. S 2. Notwithstanding any other provision of law, the housing finance agency may provide, for costs associated with the rehabilitation of Mitchell Lama housing projects, a sum not to exceed forty-two million dollars for the fiscal year ending March 31, 2016. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing finance agency, for the purposes of reimbursing any costs associated with Mitchell Lama housing projects authorized by this section, a total sum not to exceed forty-two million dollars as soon as practicable but no later than March 31, 2016. S 3. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the neighborhood preserva- tion program, a sum not to exceed eight million four hundred seventy- nine thousand dollars for the fiscal year ending March 31, 2016. S. 2006 152 A. 3006 Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with neighborhood preservation program contracts authorized by this section, a total sum not to exceed eight million four hundred seventy-nine thousand dollars, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insur- ance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2014-2015 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2015. S 4. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural preservation program, a sum not to exceed three million five hundred thirty-nine thousand dollars for the fiscal year ending March 31, 2016. Notwith- standing any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural preservation program contracts authorized by this section, a total sum not to exceed three million five hundred thir- ty-nine thousand dollars, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2014-2015 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2015. S 5. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural and urban commu- nity investment fund program created pursuant to article XXVII of the private housing finance law, a sum not to exceed seventeen million dollars for the fiscal year ending March 31, 2016. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the S. 2006 153 A. 3006 mortgage insurance fund to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural and urban commu- nity investment fund program contracts authorized by this section, a total sum not to exceed seventeen million dollars as soon as practicable but not later than March 31, 2016. S 6. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for the purposes of carrying out the provisions of the low income housing trust fund program created pursuant to article XVIII of the private housing finance law, a sum not to exceed seven million five hundred thousand dollars for the fiscal year ending March 31, 2016. Notwithstanding any other provision of law, and provided that reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authori- ties law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accom- plish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation, for the purposes of carrying out the provisions of the low income housing trust fund program created pursuant to article XVIII of the private housing finance law authorized by this section, a total sum not to exceed seven million five hundred thousand dollars as soon as practicable but no later than March 31, 2016. S 7. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the homes for working families program for deposit in the housing trust fund created pursuant to section 59-a of the private housing finance law and subject to the provisions of article XVIII of the private housing finance law, a sum not to exceed eight million five hundred thousand dollars for the fiscal year ending March 31, 2016. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation, for the purposes of reimbursing any costs associated with homes for working families program contracts authorized by this section, a total sum not to exceed eight million five hundred thousand dollars as soon as practicable but no later than March 31, 2016. S 8. Notwithstanding any other provision of law, the homeless housing and assistance corporation may provide, for purposes of the New York state supportive housing program, the solutions to end homelessness program or the operational support for AIDS housing program, or to qual- ified grantees under those programs, in accordance with the requirements of those programs, a sum not to exceed sixteen million three hundred forty thousand dollars for the fiscal year ending March 31, 2016. The homeless housing and assistance corporation may enter into an agreement with the office of temporary and disability assistance to administer such sum in accordance with the requirements of the programs. Notwith- standing any other provision of law, and subject to the approval of the director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the homeless housing and assistance corporation, a total sum not to exceed sixteen million three S. 2006 154 A. 3006 hundred forty thousand dollars, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insur- ance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2014-2015 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than March 31, 2016. S 9. This act shall take effect immediately. PART N Section 1. Subdivision 1 of section 652 of the labor law, as amended by section 1 of part P of chapter 57 of the laws of 2013, is amended to read as follows: 1. Statutory. Every employer shall pay to each of its employees for each hour worked a wage of not less than: $4.25 on and after April 1, 1991, $5.15 on and after March 31, 2000, $6.00 on and after January 1, 2005, $6.75 on and after January 1, 2006, $7.15 on and after January 1, 2007, $8.00 on and after December 31, 2013, $8.75 on and after December 31, 2014, $9.00 on and after December 31, 2015, $11.50 IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION AND $10.50 IN THE REMAINDER OF THE STATE ON AND AFTER DECEMBER 31, 2016 or, if greater, such other wage as may be established by federal law pursuant to 29 U.S.C. section 206 or its successors or such other wage as may be established in accordance with the provisions of this article. S 2. This act shall take effect immediately. PART O Section 1. The labor law is amended by adding a new section 202-m to read as follows: S 202-M. HEALTHCARE PROFESSIONALS WHO VOLUNTEER TO FIGHT THE EBOLA VIRUS DISEASE OVERSEAS. 1. FINDINGS AND POLICY OF THE STATE. IT IS HERE- BY FOUND AND DECLARED THAT THE EBOLA VIRUS DISEASE IS A RARE AND POTEN- TIALLY DEADLY DISEASE CAUSED BY INFECTION WITH ONE OF FOUR EBOLA VIRUS STRAINS KNOWN TO CAUSE DISEASE IN HUMANS, THAT THE WORLD HEALTH ORGAN- IZATION HAS DECLARED THAT THE CURRENT EBOLA VIRUS DISEASE OUTBREAK IN WEST AFRICA CONSTITUTES A PUBLIC HEALTH EMERGENCY OF INTERNATIONAL CONCERN, AND THAT THE CENTERS FOR DISEASE CONTROL AND PREVENTION OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES HAS REPORTED THAT THE NUMBER OF FUTURE EBOLA VIRUS DISEASE CASES WILL REACH EXTRAORDINARY LEVELS WITHOUT A SCALE-UP OF INTERVENTIONS. IT IS HEREBY DECLARED TO BE THE POLICY OF THE STATE TO WORK WITH ITS INTERNATIONAL PARTNERS TO HELP ERADICATE THE EBOLA VIRUS DISEASE BY SUPPORTING THE DEDICATED NEW YORK S. 2006 155 A. 3006 STATE HEALTHCARE PROFESSIONALS WHO SEEK TO PROVIDE INVALUABLE HELP TO THIS EFFORT. 2. BILL OF RIGHTS. A HEALTHCARE PROFESSIONAL WHO VOLUNTEERS TO FIGHT EBOLA IS PROTECTED BY EXISTING STATE LAWS THAT PROHIBIT DISCRIMINATION ON THE BASIS OF AN ACTUAL OR PERCEIVED DISABILITY. UPON RETURN FROM FIGHTING EBOLA OVERSEAS, A HEALTHCARE PROFESSIONAL WILL BE PROVIDED WITH A BILL OF RIGHTS OUTLINING THESE EXISTING ANTI-DISCRIMINATION LAWS. IN ADDITION TO THESE EXISTING ANTI-DISCRIMINATION LAWS, AND IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, HEALTHCARE PROFESSIONALS SHALL HAVE THE RIGHT TO SEEK A LEAVE OF ABSENCE TO VOLUNTEER TO FIGHT EBOLA OVER- SEAS WITHOUT ADVERSE EMPLOYMENT CONSEQUENCES. 3. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "EMPLOYEE" MEANS ANY INDIVIDUAL HEALTHCARE PROFESSIONAL WHO PERFORMS SERVICES FOR HIRE FOR AN EMPLOYER BUT SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR. (B) "EMPLOYER" MEANS A PERSON OR ENTITY THAT EMPLOYS A HEALTHCARE PROFESSIONAL AND INCLUDES AN INDIVIDUAL, CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, ASSOCIATION, NONPROFIT ORGANIZATION, GROUP OF PERSONS, COUNTY, TOWN, CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY, STATE AGENCY, OR OTHER GOVERNMENTAL SUBDIVISION OF ANY KIND. (C) "FIGHT EBOLA" MEANS TO SERVE AS A HEALTHCARE PROFESSIONAL IN A COUNTRY THAT HAS BEEN CLASSIFIED AS HAVING WIDESPREAD TRANSMISSION OF THE EBOLA VIRUS DISEASE BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (D) "HEALTHCARE PROFESSIONAL" MEANS: (I) A PHYSICIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW; (II) A PHYSICIAN ASSISTANT LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW; (III) A NURSE PRACTITIONER LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE EDUCATION LAW; (IV) A REGISTERED PROFESSIONAL NURSE LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE EDUCATION LAW; AND (V) OTHER HEALTHCARE PROFESSIONS AS ADDED BY THE COMMISSIONER. (E) "LEAVE OF ABSENCE" MEANS TIME AWAY FROM WORK THAT IS EXCUSED. SUCH TIME SHALL BE UNPAID, UNLESS THE EMPLOYEE REQUESTS THAT SUCH TIME, OR A PORTION THEREOF, BE PAID PURSUANT TO A CHARGE AGAINST PAID LEAVE THAT HAS ACCRUED TO SUCH EMPLOYEE. (F) "UNDUE HARDSHIP" MEANS AN ABSENCE REQUIRING SIGNIFICANT EXPENSE OR DIFFICULTY, INCLUDING A SIGNIFICANT INTERFERENCE WITH THE SAFE OR EFFI- CIENT OPERATION OF THE WORKPLACE OR A VIOLATION OF A BONA FIDE SENIORITY SYSTEM. FACTORS TO BE CONSIDERED IN DETERMINING WHETHER AN ABSENCE CONSTITUTES AN UNDUE ECONOMIC HARDSHIP SHALL INCLUDE, BUT NOT BE LIMITED TO THE IDENTIFIABLE COST OF THE ABSENCE, INCLUDING THE COSTS OF LOSS OF PRODUCTIVITY AND OF RETRAINING, HIRING OR TRANSFER OF EMPLOYEES, IN RELATION TO THE SIZE AND OPERATING COSTS OF THE EMPLOYER AND OTHER KNOWN OR REASONABLY FORESEEABLE ABSENCES, THE OVERALL FINANCIAL RESOURCES OF THE EMPLOYER, THE NUMBER OF EMPLOYEES AT THE EMPLOYEE'S FACILITY, THE EMPLOYEE'S ROLE WITHIN THE FACILITY, THE TYPE OF OPERATION OF THE EMPLOYER, INCLUDING THE STRUCTURE AND FUNCTIONS OF THE EMPLOYEE WITHIN IT, THE IMPACT ON THE OPERATION OF THE EMPLOYER, AND THE EMPLOYER'S ABILITY TO HIRE TEMPORARY OR NEW EMPLOYEES WITH THE REQUISITE SKILLS TO ENSURE THE EMPLOYER'S CONTINUED OPERATIONS. (G) "VOLUNTEER" MEANS TO FREELY OFFER SERVICES TO FIGHT EBOLA AND INCLUDES SUCH SERVICES WITHOUT REGARD TO WHETHER THEY ARE COMPENSATED. S. 2006 156 A. 3006 4. LEAVE OF ABSENCE BY HEALTHCARE PROFESSIONALS WHO VOLUNTEER TO FIGHT EBOLA. AN EMPLOYEE COVERED BY THIS SECTION HAS THE RIGHT TO REQUEST A LEAVE OF ABSENCE TO VOLUNTEER TO FIGHT EBOLA FROM HIS OR HER EMPLOYER AS HEREIN PROVIDED. AN EMPLOYER SHALL GRANT SUCH REQUEST FOR A LEAVE OF ABSENCE TO VOLUNTEER TO FIGHT EBOLA, UNLESS THE EMPLOYEE'S ABSENCE IMPOSES AN UNDUE HARDSHIP ON THE EMPLOYER'S BUSINESS OR OPERATIONS. 5. DURATION OF THE LEAVE OF ABSENCE. (A) THE DURATION OF THE LEAVE OF ABSENCE SHALL BE THE FULL TIME PERIOD REQUESTED BY THE EMPLOYEE, WHICH SHALL INCLUDE TRAVEL TIME, SERVICE VOLUNTEERING TO FIGHT EBOLA, AND A REASONABLE PERIOD OF REST AND RECOVERY. IF THE EMPLOYER DETERMINES THAT AN ABSENCE FOR THAT FULL PERIOD OF TIME WOULD CONSTITUTE AN UNDUE HARD- SHIP, THE EMPLOYER AND EMPLOYEE SHALL WORK TOGETHER TO DETERMINE WHETHER THERE IS A SHORTER PERIOD OF TIME THAT WOULD NOT CONSTITUTE AN UNDUE HARDSHIP THAT WOULD STILL ALLOW THE EMPLOYEE TO VOLUNTEER TO FIGHT EBOLA. IF THE EMPLOYER AND EMPLOYEE AGREE ON A SHORTER PERIOD, THAT SHALL BE THE DURATION OF THE LEAVE OF ABSENCE UNDER THIS PARAGRAPH. OTHERWISE, IF THEY ARE UNABLE TO AGREE ON A SHORTER PERIOD, THE LEAVE OF ABSENCE SHALL BE DEEMED DENIED. (B) THE DURATION OF LEAVE OF ABSENCE, AS DETERMINED PURSUANT TO PARA- GRAPH (A) OF THIS SUBDIVISION SHALL BE EXTENDED TO INCLUDE ANY ADDI- TIONAL PERIOD OF TIME THAT THE EMPLOYEE BECOMES SUBJECT TO A MANDATORY QUARANTINE PERIOD IMPOSED AT THE END OF THE EMPLOYEE'S VOLUNTARY SERVICE TO FIGHT EBOLA. 6. LEAVE OF ABSENCE REQUEST. AN EMPLOYEE'S REQUEST FOR A LEAVE OF ABSENCE PURSUANT TO THIS SECTION SHALL BE MADE, IN WRITING, TO HIS OR HER EMPLOYER AT LEAST TWENTY-ONE DAYS PRIOR TO THE EMPLOYEE'S PROPOSED START DATE OF SUCH LEAVE OF ABSENCE. THE EMPLOYEE'S REQUEST SHALL, AT A MINIMUM: (A) IDENTIFY THE DURATION OF LEAVE SOUGHT, INCLUDING THE ANTICIPATED START AND END DATES OF THE VOLUNTEER SERVICE, TOGETHER WITH ANY ADDI- TIONAL TIME SOUGHT FOR TRANSPORTATION AND FOR REST PRIOR TO RETURNING TO WORK; (B) IDENTIFY THE SERVICE TO BE VOLUNTEERED, INCLUDING THE COUNTRY AND THE ORGANIZATION WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING; AND (C) CERTIFY THAT SUCH SERVICE CONSTITUTES VOLUNTEERING TO FIGHT EBOLA, WITHIN THE MEANING OF THIS SECTION. 7. NOTARIZATION. UPON THE EMPLOYER'S REQUEST, AN EMPLOYEE WHO HAS BEEN GRANTED A LEAVE OF ABSENCE IN ACCORDANCE WITH THIS SECTION SHALL PROVIDE HIS OR HER EMPLOYER WITH A NOTARIZED STATEMENT FROM THE ORGANIZATION OR ENTITY WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING. THE STATEMENT SHALL: (A) IDENTIFY THE ANTICIPATED START AND END DATES OF THE VOLUNTEER SERVICE AND THE TERMS OF SERVICE, INCLUDING ANY COMPENSATION AND BENE- FITS TO BE PROVIDED; (B) IDENTIFY THE SERVICE TO BE VOLUNTEERED, INCLUDING THE COUNTRY AND THE ORGANIZATION WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING; AND (C) CERTIFY THAT SUCH SERVICE CONSTITUTES VOLUNTEERING TO FIGHT EBOLA, WITHIN THE MEANING OF THIS SECTION. 8. BENEFITS DURING LEAVE. EMPLOYEES WHO TAKE LEAVE UNDER THIS SECTION SHALL BE RESTORED AT THE COMPLETION OF SUCH LEAVE TO THE SAME OR COMPA- RABLE POSITION WITHOUT LOSS OF SENIORITY, SHALL BE ENTITLED TO PARTIC- IPATE IN INSURANCE OR OTHER BENEFITS OFFERED BY THE EMPLOYER PURSUANT TO ESTABLISHED RULES AND PRACTICES RELATING TO EMPLOYEES ON FURLOUGH OR LEAVE OF ABSENCE IN EFFECT WITH THE EMPLOYER AT THE TIME SUCH EMPLOYEE MADE REQUEST TO TAKE LEAVE OF ABSENCE AS PROVIDED IN THIS SECTION. S. 2006 157 A. 3006 9. RETALIATION PROHIBITED. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR REQUESTING OR OBTAINING A LEAVE OF ABSENCE AS PROVIDED BY THIS SECTION. 10. RETENTION OF BENEFITS. THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT OR PREVENT AN EMPLOYER FROM PROVIDING LEAVE IN ADDITION TO LEAVE ALLOWED UNDER ANY OTHER PROVISION OF LAW. THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT AN EMPLOYEE'S RIGHTS WITH RESPECT TO ANY OTHER EMPLOYEE BENEFIT PROVIDED BY LAW, RULE OR REGULATION. 11. COLLECTIVE BARGAINING. NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE, INFRINGE, OR DIMINISH THE RIGHTS AND BENEFITS THAT ACCRUE TO EMPLOYEES THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMINISH THE INTEGRITY OF AN EXISTING COLLECTIVE BARGAINING AGREEMENT. 12. REVIEW OF DENIAL OF LEAVE. AN EMPLOYEE WHOSE REQUEST FOR LEAVE UNDER THIS SECTION HAS BEEN DENIED MAY PETITION THE COMMISSIONER FOR REVIEW OF SUCH DENIAL, WHICH REVIEW SHALL BE EXPEDITIOUSLY CONDUCTED. 13. RULES AND REGULATIONS. THE COMMISSIONER MAY PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS OF THIS SECTION. S 2. This act shall take effect on the thirtieth day after it shall have become a law; provided, however, that subdivision four of section 202-m of the labor law, as added by section one of this act, shall expire and be deemed repealed December 1, 2016, and provided, further that this act shall expire and be deemed repealed December 1, 2017. PART P Section 1. Subdivision 3 of section 204 of the labor law, as amended by section 2 of part A of chapter 57 of the laws of 2004, is amended to read as follows: 3. Fees. A fee of two hundred dollars shall be charged the owner or lessee of each boiler internally inspected and seventy-five dollars for each boiler externally inspected by the commissioner, provided however, that the external inspection of multiple boilers connected to a common header or of separate systems owned or leased by the same party and located in the same building, with a combined input which is 300,000 BTU/hour or less, shall be charged a single inspection fee, and further provided that, not more than two hundred seventy-five dollars shall be charged for the inspection of any one boiler for any year; except that [in the case] NO FEE SHALL BE CHARGED FOR INTERNAL OR EXTERNAL INSPECTIONS BY THE COMMISSIONER of an antique steam engine maintained as a hobby and displayed at agricultural fairs and other gatherings[, a fee of twenty-five dollars only shall be charged the owner or lessee thereof for each boiler internally inspected by the commissioner and a fee of twenty-five dollars only shall be charged for each boiler externally inspected by the commissioner, but not more than fifty dollars shall be charged for the inspection of any one such boiler for any year, and except that in the case] OR of a miniature boiler [a fee of fifty dollars only shall be charged for the inspection of any one such boiler for any year. Such fee shall be payable within thirty days after inspection]. S 2. Subdivision 1 of section 212-b of the labor law, as amended by section 6 of part A of chapter 57 of the laws of 2004, is amended to read as follows: 1. No person shall operate a farm labor camp commissary, or cause or allow the operation of a farm labor camp commissary, without a permit S. 2006 158 A. 3006 from the commissioner to do so, and unless such permit is in full force and effect. Application for such permit shall be made on a form prescribed by the commissioner [and shall be accompanied by a non-re- fundable fee of forty dollars]. S 3. Subdivision 1 of section 74 of chapter 784 of the laws of 1951, constituting the New York state defense emergency act, as amended by section 12 of part A of chapter 57 of the laws of 2004, is amended to read as follows: 1. Employers in defense work may make applications for dispensation pursuant to this article in such manner and upon such forms as the commissioner of labor shall prescribe. [Each application shall be accompanied by a non-refundable fee of forty dollars payable to the commissioner.] The commissioner of labor may, after hearing upon due notice, revoke dispensations not necessary to maintain maximum possible production in defense work. S 4. Subdivision 5 of section 161 of the labor law, as amended by section 1 of part A of chapter 57 of the laws of 2004, is amended to read as follows: 5. If there shall be practical difficulties or unnecessary hardship in carrying out the provisions of this section or the rules promulgated hereunder, the commissioner may make a variation therefrom if the spirit of the act be observed and substantial justice done. Such variation shall describe the conditions under which it shall be permitted and shall apply to substantially similar conditions. A properly indexed record of variations shall be kept by the department. [Each application for a variation shall be accompanied by a non-refundable fee of forty dollars.] S 5. Paragraph b of subdivision 4 of section 212-a of the labor law, as amended by section 5 of part A of chapter 57 of the laws of 2004, is amended to read as follows: b. The application for such registration shall be made on a form prescribed by the commissioner, shall contain information on wages, working conditions, housing, and on such other matters as the commis- sioner may prescribe [and shall be accompanied by a non-refundable fee of forty dollars]. Copies of the application, or summaries thereof containing the above information, shall be made available by the commis- sioner to the registrant, and the registrant shall give a copy to each worker, preferably at the time of recruitment, but in no event later than the time of arrival in this state. A copy shall also be kept posted at all times in a conspicuous place in any camp in which such workers are housed. S 6. Paragraph b of subdivision 2 of section 212-a of the labor law, as amended by section 4 of part A of chapter 57 of the laws of 2004, is amended to read as follows: b. The application for such certificate of registration shall be made on a form prescribed by the commissioner, shall contain information on wages, working conditions, housing and on such other matters as the commissioner may prescribe [and shall be accompanied by a non-refundable fee of two hundred dollars]. It shall be countersigned by each grower or processor who utilizes the services of such farm labor contractor, as provided in subdivision three of this section. Copies of the applica- tion, or summaries thereof containing the above information, shall be made available by the commissioner to the registrant, and the registrant shall give a copy to each worker, preferably at the time of recruitment, but in no event later than the time of arrival in this state if the worker comes from outside of the state, or the time of commencement of S. 2006 159 A. 3006 work if the worker does not come from outside of the state. A copy shall also be kept posted at all times in a conspicuous place in any camp in which such workers are housed. Each applicant shall submit his OR HER fingerprints with his OR HER application for a certificate of registra- tion. Such fingerprints shall be submitted to the division of criminal justice services for a state criminal history record check, as defined in subdivision one of section three thousand thirty-five of the educa- tion law, and may be submitted to the federal bureau of investigation for a national criminal history record check. S 7. Subdivision 2 of section 352 of the labor law is REPEALED. S 8. Subdivisions 5 and 6 of section 919 of the labor law, as added by chapter 565 of the laws of 2002, are amended to read as follows: 5. A professional employer organization shall be exempt from the registration requirements specified in this section [and from the fees specified in section nine hundred twenty of this article] if such professional employer organization: (a) submits a properly executed request for registration and exemption on a form provided by the department; (b) is domiciled outside this state and is licensed or registered as a professional employer organization in another state that has the same or greater requirements as this article; (c) does not maintain an office in this state or solicit in any manner clients located or domiciled within this state; and (d) does not have more than twenty-five worksite employees in this state. 6. The registration and exemption of a professional employer organiza- tion under subdivision five of this section shall be valid for one year. [Each de minimis registrant shall pay to the department upon initial registration, and upon each annual renewal thereafter, a registration fee in the amount of two hundred fifty dollars.] S 9. Section 920 of the labor law is REPEALED. S 10. Subdivision 4 of section 134 of the workers' compensation law, as amended by chapter 6 of the laws of 2007, is amended to read as follows: 4. Employers required to participate in the workplace safety and loss prevention program established by this section shall be permitted to utilize the services of either the department of labor, or a private safety and loss consultant which has been certified by the department of labor [and has paid the appropriate certification fee prescribed by rules and regulations promulgated under this section]. Private safety and loss consultants may charge employers a fee for their services[, and where employers elect to have the services provided by the department of labor, they shall pay for such services in accordance with fee schedules established by the department of labor's rules and regulations]. S 11. Subdivision 5 of section 134 of the workers' compensation law is REPEALED. S 12. Subdivision 10 of section 134 of the workers' compensation law, as amended by chapter 6 of the laws of 2007 and as further amended by section 104 of part A of chapter 62 of the laws of 2011, is amended to read as follows: 10. The commissioner of labor, in consultation with the superintendent of financial services, shall promulgate rules and regulations for the certification of safety and loss management specialists. Such rules and regulations shall include provisions that outline the minimum qualifica- tions for safety and loss management specialists, procedures for certif- ication, causes for revocation or suspension of certification and appro- S. 2006 160 A. 3006 priate administrative and judicial review procedures, AND violations and penalties for misuse of certification by certified safety and loss management specialists[, and fees for certificate and certificate renewal]. S 13. Subdivision 2 of section 345-a of the labor law, as added by chapter 503 of the laws of 1998, is amended to read as follows: 2. For the purposes of this section, the exercise of reasonable care or diligence by a manufacturer or contractor shall be presumed if, prior to the execution of such contract or subcontract, and annually thereaft- er, such manufacturer or contractor receives from the department written assurance of compliance with section three hundred forty-one of this article. [The department may charge a reasonable fee for providing such assurance to a manufacturer or contractor.] S 14. Subdivisions 6 and 7 of section 819 of the labor law are REPEALED and subdivision 5, as amended by chapter 319 of the laws of 2004, is amended to read as follows: 5. The entity possesses a tag issued by the department with an iden- tification number affixed and identifying each machine[;]. S 15. Section 204-a of the labor law is REPEALED. S 16. This act shall take effect immediately. PART Q Section 1. Subdivision 2 of section 355 of the education law is amended by adding a new paragraph f-1 to read as follows: F-1. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL PASS A RESOLUTION BY DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, PROVIDING THAT STUDENTS ENROLLED IN AN ACADEMIC PROGRAM OF THE STATE UNIVERSITY OF NEW YORK SHALL BE REQUIRED TO PARTICIPATE IN AN APPROVED EXPERIENTIAL OR APPLIED LEARNING ACTIVITY AS A DEGREE REQUIREMENT. SUCH RESOLUTION SHALL DEFINE APPROVED EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES, METHODS OF FACULTY OVERSIGHT AND ASSESSMENT, RESPONSIBILITIES OF BUSINESS, CORPORATE, NON- PROFIT OR OTHER ENTITIES HOSTING STUDENTS, AND A PLAN FOR FULL IMPLEMEN- TATION OF THIS REQUIREMENT. S 2. Section 6206 of the education law is amended by adding a new subdivision 18 to read as follows: 18. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL PASS A RESOLUTION BY DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, PROVIDING THAT STUDENTS ENROLLED IN AN ACADEMIC PROGRAM OF THE CITY UNIVERSITY OF NEW YORK SHALL BE REQUIRED TO PARTICIPATE IN AN APPROVED EXPERIENTIAL OR APPLIED LEARN- ING ACTIVITY AS A DEGREE REQUIREMENT. SUCH RESOLUTION SHALL DEFINE APPROVED EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES, METHODS OF FACULTY OVERSIGHT AND ASSESSMENT, RESPONSIBILITIES OF BUSINESS, CORPORATE, NON- PROFIT OR OTHER ENTITIES HOSTING STUDENTS, AND A PLAN FOR FULL IMPLEMEN- TATION OF THIS REQUIREMENT. S 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2015. S 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of S. 2006 161 A. 3006 the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through Q of this act shall be as specifically set forth in the last section of such Parts.
2015-S2006A - Details
- See Assembly Version of this Bill:
- A3006
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2015-S2006A - Summary
Enacts into law major components of legislation necessary to implement the education, labor and family assistance budget for state fiscal year 2015 - 2016; relates to school aid (Part A); relates to creating the New York state get on your feet loan forgiveness program (Part C); relates to creating a standard financial aid award letter (Part F)
2015-S2006A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 2006--A A. 3006--A S E N A T E - A S S E M B L Y January 21, 2015 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to contracts for excel- lence, apportionment of school aid, the teachers of tomorrow teacher recruitment and retention program and waivers from certain duties; to amend the state finance law, in relation to moneys appropriated from the commercial gaming revenue fund; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursements for the 2015-2016 school year; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to withholding a portion of employment preparation education aid and in relation to extending the effective- ness of such chapter; to amend chapter 169 of the laws of 1994 relat- ing to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; to amend chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government; to amend section 7 of chapter 472 of the laws of 1998 amending the education law relating to the lease of school buses by school districts; to amend chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees; to amend chapter 425 of the laws of 2002 amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, in relation to the effectiveness thereof; to amend chapter 101 of the laws of 2003 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12572-02-5 S. 2006--A 2 A. 3006--A amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to extending the expiration of certain provisions of such chapters; allocates school bus driver training grants to school districts and boards of cooperative educa- tion services; allows for eligible school districts to receive special apportionments for salary expenses; allows for eligible school districts to receive special apportionments for public pension accruals; allows any moneys appropriated to the state education department to be suballocated to other state departments or agencies and/or shall be made available for specific payment of aid; allows the city school district of the city of Rochester to purchase services as a non-component school district; specifies amounts of state funds set aside for each school district for the purpose of the development, maintenance or expansion of magnet schools or magnet school programs; prohibits moneys appropriated for the support of public libraries to be used for library construction (Part A); to amend the education law, in relation to streamlining higher education program approvals (Part B); to amend the education law, in relation to creating the New York state get on your feet loan forgiveness program (Part C); to amend the education law, in relation to eligibility requirements and conditions governing general awards, academic performance awards and student loans; eligibility requirements for assistance under the higher educa- tion opportunity programs and the collegiate science and technology entry program; the definition of "resident"; financial aid opportu- nities for students of the state university of New York, the city university of New York and community colleges; and the program requirements for the New York state college choice tuition savings program; and to repeal subdivision 3 of section 661 of such law relat- ing thereto (Part D); to amend the education law and the tax law, in relation to enacting the "education tax credit act" (Part E); to amend the banking law, in relation to creating a standard financial aid award letter (Part F); to amend the education law, the business corpo- ration law, the partnership law and the limited liability company law, in relation to certified public accountants (Part G); to amend the education law, in relation to the implementation by all colleges and universities in the state of New York of sexual assault, dating violence, domestic violence, and stalking prevention and response policies and procedures (Part H); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part I); to amend the family court act, in relation to family court proceedings, jurisdic- tion of the court, the definition of juvenile delinquent, the defi- nition of a designated felony act, the procedures regarding the adjustment of cases from criminal courts to family court, the age at which children may be tried as an adult for various felonies, and the manner in which courts handle juvenile delinquent cases; to amend the social services law, in relation to state reimbursement for expendi- tures made by social services districts for various services; to amend the social services law, in relation to the definitions of juvenile delinquent and persons in need of supervision; to amend the penal law, in relation to the definition of infancy and the authorized disposi- tions, sentences, and periods of post-release supervision for juvenile offenders; to amend the criminal procedure law, in relation to the definition of juvenile offender; to amend the criminal procedure law, in relation to the arrest of a juvenile offender without a warrant; in relation to conditional sealing of certain convictions for offenses S. 2006--A 3 A. 3006--A committee by a defendant twenty years of age or younger; in relation to removal of certain proceedings to family court; in relation to joinder of offenses and consolidation of indictments; in relation to appearances and hearings for and placements of certain juvenile offen- ders; in relation to raising the age for juvenile offender status; in relation to creating a youth part for certain proceedings involving juvenile offenders; to amend the correction law, in relation to requiring that no county jail be used for the confinement of persons under the age of eighteen; to amend the education law, in relation to certain contracts with the office of children and family services; to amend the education law, in relation to the possession of a gun on school grounds by a student; to amend the executive law, in relation to persons in need of supervision or youthful offenders; to amend part K of chapter 57 of the laws of 2012, amending the education law, relating to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services, in relation to making such provisions permanent; to repeal certain sections of the family court act relating to custody and detention of juvenile and youthful offen- ders; to repeal section 180.75 of the criminal procedure law relating to proceedings upon a felony complaint against a juvenile offender; and to repeal certain provisions of the correction law relating to the housing of prisoners and other persons in custody (Part J); to amend the social services law, in relation to state reimbursement and subsi- dies for the adoption of children (Part K); to amend the social services law, the family court act, the public health law and the executive law, in relation to implementing provisions required by the federal preventing sex trafficking and strengthening families act (Part L); to utilize reserves in the mortgage insurance fund for vari- ous housing purposes (Part M); to amend the labor law, in relation to the minimum wage (Part N); to amend the labor law, in relation to authorized absences by healthcare professionals who volunteer to fight the Ebola virus disease overseas; and providing for the repeal of such provisions upon expiration thereof (Part O); to amend the labor law, the workers' compensation law and chapter 784 of the laws of 1951, constituting the New York state defense emergency act, in relation to eliminating certain fees charged by the department of labor; and to repeal certain provisions of the labor law and the workers' compen- sation law relating thereto (Part P); to amend the education law, in relation to requiring experiential learning as a requirement for grad- uation (Part Q); and to amend part U of chapter 57 of the laws of 2005 relating to the New York state higher education capital matching grant program for independent colleges, in relation to the New York state higher education matching grant program for independent colleges and the effectiveness thereof (Part R) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2015-2016 state fiscal year. Each component is wholly contained within a Part identified as Parts A through R. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, includ- S. 2006--A 4 A. 3006--A ing the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- tion law, as amended by section 1 of part A of chapter 56 of the laws of 2014, is amended to read as follows: e. Notwithstanding paragraphs a and b of this subdivision, a school district that submitted a contract for excellence for the two thousand eight--two thousand nine school year shall submit a contract for excel- lence for the two thousand nine--two thousand ten school year in conformity with the requirements of subparagraph (vi) of paragraph a of subdivision two of this section unless all schools in the district are identified as in good standing and provided further that, a school district that submitted a contract for excellence for the two thousand nine--two thousand ten school year, unless all schools in the district are identified as in good standing, shall submit a contract for excel- lence for the two thousand eleven--two thousand twelve school year which shall, notwithstanding the requirements of subparagraph (vi) of para- graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the product of the amount approved by the commissioner in the contract for excellence for the two thousand nine--two thousand ten school year, multiplied by the district's gap elimination adjustment percentage and provided further that, a school district that submitted a contract for excellence for the two thousand eleven--two thousand twelve school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twelve--two thousand thir- teen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eleven--two thousand twelve school year and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twelve--two thousand thirteen school year and provided further that, a school district that submitted a contract for excellence for the two thousand thirteen--two thousand fourteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fourteen--two thousand fifteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand thirteen--two thousand fourteen school year; AND PROVIDED FURTHER THAT, A SCHOOL S. 2006--A 5 A. 3006--A DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR. For purposes of this paragraph, the "gap elimination adjustment percentage" shall be calculated as the sum of one minus the quotient of the sum of the school district's net gap elimination adjustment for two thousand ten--two thousand eleven computed pursuant to chapter fifty-three of the laws of two thousand ten, making appropriations for the support of government, plus the school district's gap elimination adjustment for two thousand eleven--two thousand twelve as computed pursuant to chapter fifty-three of the laws of two thousand eleven, making appropriations for the support of the local assistance budget, including support for general support for public schools, divided by the total aid for adjustment computed pursuant to chapter fifty-three of the laws of two thousand eleven, making appropriations for the local assistance budget, including support for general support for public schools. Provided, further, that such amount shall be expended to support and maintain allowable programs and activities approved in the two thousand nine--two thousand ten school year or to support new or expanded allowable programs and activ- ities in the current year. S 2. The closing paragraph of subdivision 5-a of section 3602 of the education law, as amended by section 8 of part A of chapter 57 of the laws of 2013, is amended to read as follows: For the two thousand eight--two thousand nine school year, each school district shall be entitled to an apportionment equal to the product of fifteen percent and the additional apportionment computed pursuant to this subdivision for the two thousand seven--two thousand eight school year. For the two thousand nine--two thousand ten through two thousand [fourteen] FIFTEEN--two thousand [fifteen] SIXTEEN school years, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910". S 3. Subdivision 12 of section 3602 of the education law, as amended by section 10 of part A of chapter 57 of the laws of 2013, is amended to read as follows: 12. Academic enhancement aid. A school district that as of April first of the base year has been continuously identified as a district in need of improvement for at least five years shall, for the two thousand eight--two thousand nine school year, be entitled to an additional apportionment equal to the positive remainder, if any, of (a) the lesser of fifteen million dollars or the product of the total foundation aid base, as defined by paragraph j of subdivision one of this section, multiplied by ten percent (0.10), less (b) the positive remainder of (i) the sum of the total foundation aid apportioned pursuant to subdivision four of this section and the supplemental educational improvement grants apportioned pursuant to subdivision eight of section thirty-six hundred forty-one of this article, less (ii) the total foundation aid base. S. 2006--A 6 A. 3006--A For the two thousand nine--two thousand ten through two thousand four- teen--two thousand fifteen school years, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910", and such apportionment shall be deemed to satisfy the state obligation to provide an apportion- ment pursuant to subdivision eight of section thirty-six hundred forty- one of this article. FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN YEAR, EACH SCHOOL DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT EQUAL TO THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "ACADEMIC ENHANCEMENT" UNDER THE HEAD- ING "2014-15 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE TWO THOUSAND FOUR- TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND ENTITLED "SA141-5", AND SUCH APPORTIONMENT SHALL BE DEEMED TO SATISFY THE STATE OBLIGATION TO PROVIDE AN APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE. S 4. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 11 of part A of chapter 57 of the laws of 2013, is amended to read as follows: Each school district shall be eligible to receive a high tax aid apportionment in the two thousand eight--two thousand nine school year, which shall equal the greater of (i) the sum of the tier 1 high tax aid apportionment, the tier 2 high tax aid apportionment and the tier 3 high tax aid apportionment or (ii) the product of the apportionment received by the school district pursuant to this subdivision in the two thousand seven--two thousand eight school year, multiplied by the due-minimum factor, which shall equal, for districts with an alternate pupil wealth ratio computed pursuant to paragraph b of subdivision three of this section that is less than two, seventy percent (0.70), and for all other districts, fifty percent (0.50). Each school district shall be eligible to receive a high tax aid apportionment in the two thousand nine--two thousand ten through two thousand twelve--two thousand thirteen school years in the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910". Each school district shall be eligible to receive a high tax aid appor- tionment in the two thousand thirteen--two thousand fourteen [school year and the two thousand fourteen--two thousand fifteen] THROUGH TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school [year] YEARS equal to the greater of (1) the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910" or (2) the amount set forth for such school district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the execu- tive budget for the 2013-14 fiscal year and entitled "BT131-4". S 5. The opening paragraph of subdivision 10 of section 3602-e of the education law, as amended by section 21 of part A of chapter 56 of the laws of 2014, is amended to read as follows: Notwithstanding any provision of law to the contrary, for aid payable in the two thousand eight--two thousand nine school year, the grant to S. 2006--A 7 A. 3006--A each eligible school district for universal prekindergarten aid shall be computed pursuant to this subdivision, and for the two thousand nine-- two thousand ten and two thousand ten--two thousand eleven school years, each school district shall be eligible for a maximum grant equal to the amount computed for such school district for the base year in the elec- tronic data file produced by the commissioner in support of the two thousand nine--two thousand ten education, labor and family assistance budget, provided, however, that in the case of a district implementing programs for the first time or implementing expansion programs in the two thousand eight--two thousand nine school year where such programs operate for a minimum of ninety days in any one school year as provided in section 151-1.4 of the regulations of the commissioner, for the two thousand nine--two thousand ten and two thousand ten--two thousand elev- en school years, such school district shall be eligible for a maximum grant equal to the amount computed pursuant to paragraph a of subdivi- sion nine of this section in the two thousand eight--two thousand nine school year, and for the two thousand eleven--two thousand twelve school year each school district shall be eligible for a maximum grant equal to the amount set forth for such school district as "UNIVERSAL PREKINDER- GARTEN" under the heading "2011-12 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the enacted budget for the 2011-12 school year and entitled "SA111-2", and for two thousand twelve--two thousand thirteen[, two thousand thirteen--two thousand fourteen and two thousand fourteen--two thousand fifteen] THROUGH TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school years each school district shall be eligible for a maximum grant equal to the greater of (i) the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the enacted budget for the 2011-12 school year and entitled "SA111-2", or (ii) the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner on May fifteenth, two thousand eleven pursuant to paragraph b of subdivision twenty-one of section three hundred five of this chapter, and provided further that the maximum grant shall not exceed the total actual grant expenditures incurred by the school district in the current school year as approved by the commissioner. S 6. The opening paragraph of section 3609-a of the education law, as amended by section 4 of part A of chapter 56 of the laws of 2014, is amended to read as follows: For aid payable in the two thousand seven--two thousand eight school year through the [two thousand thirteen--two thousand fourteen] TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school year, "moneys apportioned" shall mean the lesser of (i) the sum of one hundred percent of the respective amount set forth for each school district as payable pursuant to this section in the school aid computer listing for the current year produced by the commissioner in support of the budget which includes the appropriation for the general support for public schools for the prescribed payments and individualized payments due prior to April first for the current year plus the apportionment payable during the current school year pursuant to subdivision six-a and subdivision fifteen of section thirty-six hundred two of this part minus any reductions to current year aids pursuant to subdivision seven of section thirty-six hundred four of this part or any deduction from apportionment payable pursuant to this chapter for collection of a school district basic S. 2006--A 8 A. 3006--A contribution as defined in subdivision eight of section forty-four hundred one of this chapter, less any grants provided pursuant to subparagraph two-a of paragraph b of subdivision four of section nine- ty-two-c of the state finance law, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW, less any grants provided pursuant to subdivision twelve of section thir- ty-six hundred forty-one of this article, or (ii) the apportionment calculated by the commissioner based on data on file at the time the payment is processed; provided however, that for the purposes of any payments made pursuant to this section prior to the first business day of June of the current year, moneys apportioned shall not include any aids payable pursuant to subdivisions six and fourteen, if applicable, of section thirty-six hundred two of this part as current year aid for debt service on bond anticipation notes and/or bonds first issued in the current year or any aids payable for full-day kindergarten for the current year pursuant to subdivision nine of section thirty-six hundred two of this part. The definitions of "base year" and "current year" as set forth in subdivision one of section thirty-six hundred two of this part shall apply to this section. For aid payable in the two thousand fourteen--two thousand fifteen school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "SA141-5". S 7. The education law is amended by adding a new section 3609-h to read as follows: S 3609-H. MONEYS APPORTIONED TO SCHOOL DISTRICTS FOR COMMERCIAL GAMING GRANTS PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW, WHEN AND HOW PAYABLE COMMENCING JULY FIRST, TWO THOU- SAND FOURTEEN. NOTWITHSTANDING THE PROVISIONS OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS PART, APPORTIONMENTS PAYABLE PURSUANT TO SUBDIVI- SION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW SHALL BE PAID PURSUANT TO THIS SECTION. THE DEFINITIONS OF "BASE YEAR" AND "CURRENT YEAR" AS SET FORTH IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART SHALL APPLY TO THIS SECTION. 1. THE MONEYS APPORTIONED BY THE COMMISSIONER TO SCHOOL DISTRICTS PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW FOR THE TWO THOUSAND FOURTEEN-TWO THOUSAND FIFTEEN SCHOOL YEAR AND THEREAFTER SHALL BE PAID AS A COMMERCIAL GAMING GRANT, AS COMPUTED PURSUANT TO SUCH SUBDIVISION, AS FOLLOWS: A. FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, ONE HUNDRED PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME DATE AS THE PAYMENT COMPUTED PURSUANT TO CLAUSE (V) OF SUBPARAGRAPH THREE OF PARA- GRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS ARTICLE. B. FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER, SEVENTY PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME DATE AS THE PAYMENT COMPUTED PURSUANT TO CLAUSE (II) OF SUBPARAGRAPH THREE OF PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS ARTICLE, AND THIRTY PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME DATE AS THE PAYMENT COMPUTED PURSUANT TO CLAUSE (V) OF SUBPARAGRAPH THREE OF PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS ARTICLE. 2. ANY PAYMENT TO A SCHOOL DISTRICT PURSUANT TO THIS SECTION SHALL BE GENERAL RECEIPTS OF THE DISTRICT AND MAY BE USED FOR ANY LAWFUL PURPOSE OF THE DISTRICT. S. 2006--A 9 A. 3006--A S 8. Paragraph b of subdivision 2 of section 3612 of the education law, as amended by section 5 of part A of chapter 56 of the laws of 2014, is amended to read as follows: b. Such grants shall be awarded to school districts, within the limits of funds appropriated therefor, through a competitive process that takes into consideration the magnitude of any shortage of teachers in the school district, the number of teachers employed in the school district who hold temporary licenses to teach in the public schools of the state, the number of provisionally certified teachers, the fiscal capacity and geographic sparsity of the district, the number of new teachers the school district intends to hire in the coming school year and the number of summer in the city student internships proposed by an eligible school district, if applicable. Grants provided pursuant to this section shall be used only for the purposes enumerated in this section. Notwithstand- ing any other provision of law to the contrary, a city school district in a city having a population of one million or more inhabitants receiv- ing a grant pursuant to this section may use no more than eighty percent of such grant funds for any recruitment, retention and certification costs associated with transitional certification of teacher candidates for the school years two thousand one--two thousand two through [two thousand fourteen--two thousand fifteen] TWO THOUSAND FIFTEEN--TWO THOU- SAND SIXTEEN. S 9. Subdivision 6 of section 4402 of the education law, as amended by section 9 of part A of chapter 56 of the laws of 2014, is amended to read as follows: 6. Notwithstanding any other law, rule or regulation to the contrary, the board of education of a city school district with a population of one hundred twenty-five thousand or more inhabitants shall be permitted to establish maximum class sizes for special classes for certain students with disabilities in accordance with the provisions of this subdivision. For the purpose of obtaining relief from any adverse fiscal impact from under-utilization of special education resources due to low student attendance in special education classes at the middle and secondary level as determined by the commissioner, such boards of educa- tion shall, during the school years nineteen hundred ninety-five--nine- ty-six through June thirtieth, two thousand [fifteen] SIXTEEN of the two thousand [fourteen] FIFTEEN--two thousand [fifteen] SIXTEEN school year, be authorized to increase class sizes in special classes containing students with disabilities whose age ranges are equivalent to those of students in middle and secondary schools as defined by the commissioner for purposes of this section by up to but not to exceed one and two tenths times the applicable maximum class size specified in regulations of the commissioner rounded up to the nearest whole number, provided that in a city school district having a population of one million or more, classes that have a maximum class size of fifteen may be increased by no more than one student and provided that the projected average class size shall not exceed the maximum specified in the applicable regulation, provided that such authorization shall terminate on June thirtieth, two thousand. Such authorization shall be granted upon filing of a notice by such a board of education with the commissioner stating the board's intention to increase such class sizes and a certification that the board will conduct a study of attendance problems at the secondary level and will implement a corrective action plan to increase the rate of attendance of students in such classes to at least the rate for students attending regular education classes in secondary schools of the district. Such corrective action plan shall be submitted for S. 2006--A 10 A. 3006--A approval by the commissioner by a date during the school year in which such board increases class sizes as provided pursuant to this subdivi- sion to be prescribed by the commissioner. Upon at least thirty days notice to the board of education, after conclusion of the school year in which such board increases class sizes as provided pursuant to this subdivision, the commissioner shall be authorized to terminate such authorization upon a finding that the board has failed to develop or implement an approved corrective action plan. S 10. The education law is amended by adding a new section 4403-a to read as follows: S 4403-A. WAIVERS FROM CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, AND REGULATIONS PROMULGATED THEREUNDER, FOR A SPECIFIC SCHOOL YEAR. SUCH APPLICATION SHALL BE SUBMITTED AT LEAST SIXTY DAYS IN ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER. 2. BEFORE SUBMITTING AN APPLICATION FOR A WAIVER, THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR PERSONS IN A PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT WOULD ENSURE THAT SUCH PARENTS OR PERSONS IN A PARENTAL RELATIONSHIP WOULD BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED WAIV- ER. THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS OR PERSONS IN A PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT TO SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH PARENTS OR PERSONS IN A PARENTAL RELATION TO SUCH STUDENTS. 3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON A FINDING THAT SUCH WAIVER WOULD ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE SPECIAL EDUCATION PROGRAM THAT IS CONSISTENT WITH APPLICABLE FEDERAL REQUIREMENTS, AND WOULD ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMINATION, THE COMMISSIONER SHALL CONSIDER ANY COMMENTS RECEIVED BY THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN A PARENTAL RELATION TO THE STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED. 4. ANY LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR WHICH A WAIVER IS GRANTED. S. 2006--A 11 A. 3006--A S 11. Subparagraph (i) of paragraph a of subdivision 10 of section 4410 of the education law is amended by adding a new clause (C) to read as follows: (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER, TO BE PHASED-IN OVER NO MORE THAN FOUR YEARS START- ING IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR, THE COMMISSIONER, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, SHALL ESTABLISH REGIONAL TUITION RATES FOR SPECIAL EDUCATION ITINERANT SERVICES BASED ON AVERAGE ACTUAL COSTS IN ACCORDANCE WITH A METHODOLOGY ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. S 12. Section 97-nnnn of the state finance law is amended by adding a new subdivision 6 to read as follows: 6. A. MONEYS APPROPRIATED FROM THE FUND FOR THE TWO THOUSAND FOUR- TEEN--TWO THOUSAND FIFTEEN AND TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEARS, FOR THE PURPOSES OF PROVIDING AID PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION SHALL BE APPORTIONED AND PAID BY THE EDUCATION DEPARTMENT ON OR AFTER APRIL FIRST, TWO THOU- SAND FIFTEEN. B. EACH SCHOOL DISTRICT ELIGIBLE TO RECEIVE TOTAL FOUNDATION AID PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW SHALL RECEIVE A COMMERCIAL GAMING GRANT IN AN AMOUNT EQUAL TO THE PRODUCT OF THE AMOUNT OF THE APPROPRIATION OF SUCH COMMERCIAL GAMING GRANTS FOR THE CURRENT STATE FISCAL YEAR MULTIPLIED BY THE DISTRICT'S COMMERCIAL GAMING RATIO. THE "COMMERCIAL GAMING RATIO" SHALL BE EQUAL TO THE QUOTIENT OF THE MONEYS APPORTIONED FOR SUCH DISTRICT PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-A OF THE EDUCATION LAW AS SET FORTH IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED STATE BUDGET FOR THE CURRENT SCHOOL YEAR, DIVIDED BY THE SUM OF SUCH MONEYS APPORTIONED FOR ALL SCHOOL DISTRICTS AS SET FORTH IN SUCH SCHOOL AID COMPUTER LISTING IN SUPPORT OF THE ENACTED STATE BUDGET FOR THE CURRENT SCHOOL YEAR. MONEYS TO BE APPROPRIATED FROM THE FUND IN ANY STATE FISCAL YEAR, COMMENCING ON AND AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, FOR THE PURPOSES OF PROVIDING AID PURSUANT TO THIS SUBPARAGRAPH SHALL BE APPOR- TIONED AND PAID BY THE EDUCATION DEPARTMENT PURSUANT TO SECTION THIRTY- SIX HUNDRED NINE-H OF THE EDUCATION LAW. S 13. Subdivision b of section 2 of chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, as amended by section 12 of part A of chapter 56 of the laws of 2014, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section [for the 2011--2012 school year shall not exceed 62.9 percent of the lesser of such approvable costs per contact hour or twelve dollars and fifteen cents per contact hour, reimbursement] for the 2012--2013 school year shall not exceed 63.3 percent of the lesser of such approvable costs per contact hour or twelve dollars and thirty- five cents per contact hour, reimbursement for the 2013--2014 school year shall not exceed 62.3 percent of the lesser of such approvable costs per contact hour or twelve dollars and sixty-five cents per contact hour, [and] reimbursement for the 2014--2015 school year shall not exceed 61.6 percent of the lesser of such approvable costs per contact hour or [eight] THIRTEEN dollars per contact hour, AND REIMBURSEMENT FOR THE 2015--2016 SCHOOL YEAR SHALL NOT EXCEED 60.7 S. 2006--A 12 A. 3006--A PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR THIR- TEEN DOLLARS AND FORTY CENTS PER CONTACT HOUR where a contact hour represents sixty minutes of instruction services provided to an eligible adult. Notwithstanding any other provision of law to the contrary, [for the 2011--2012 school year such contact hours shall not exceed one million seven hundred one thousand five hundred seventy (1,701,570) hours; whereas] for the 2012--2013 school year such contact hours shall not exceed one million six hundred sixty-four thousand five hundred thirty-two (1,664,532) hours; whereas for the 2013--2014 school year such contact hours shall not exceed one million six hundred forty-nine thousand seven hundred forty-six (1,649,746) hours; whereas for the 2014--2015 school year such contact hours shall not exceed one million [six hundred twenty-five thousand (1,625,000)] SIX HUNDRED EIGHTEEN THOUSAND NINE HUNDRED TWENTY-NINE (1,618,929) hours; WHEREAS FOR THE 2015--2016 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION FOUR HUNDRED FOURTEEN THOUSAND FIVE HUNDRED FOURTEEN (1,414,514) HOURS. Notwithstanding any other provision of law to the contrary, the appor- tionment calculated for the city school district of the city of New York pursuant to subdivision 11 of section 3602 of the education law shall be computed as if such contact hours provided by the consortium for worker education, not to exceed the contact hours set forth herein, were eligi- ble for aid in accordance with the provisions of such subdivision 11 of section 3602 of the education law. S 14. Section 4 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, is amended by adding a new subdivi- sion t to read as follows: T. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2015--2016 SCHOOL YEAR. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($11, 500,000). S 15. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 14 of part A of chapter 56 of the laws of 2014, is amended to read as follows: S 6. This act shall take effect July 1, 1992, and shall be deemed repealed on June 30, [2015] 2016. S 16. Subdivision 1 of section 167 of chapter 169 of the laws of 1994, relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, as amended by section 15 of part A of chapter 56 of the laws of 2014, is amended to read as follows: 1. Sections one through seventy of this act shall be deemed to have been in full force and effect as of April 1, 1994 provided, however, that sections one, two, twenty-four, twenty-five and twenty-seven through seventy of this act shall expire and be deemed repealed on March 31, 2000; provided, however, that section twenty of this act shall apply only to hearings commenced prior to September 1, 1994, and provided further that section twenty-six of this act shall expire and be deemed repealed on March 31, 1997; and provided further that sections four through fourteen, sixteen, and eighteen, nineteen and twenty-one through S. 2006--A 13 A. 3006--A twenty-one-a of this act shall expire and be deemed repealed on March 31, 1997; and provided further that sections three, fifteen, seventeen, twenty, twenty-two and twenty-three of this act shall expire and be deemed repealed on March 31, [2016] 2017. S 17. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, as amended by section 16 of part A of chapter 56 of the laws of 2014, are amended to read as follows: (22) sections one hundred twelve, one hundred thirteen, one hundred fourteen, one hundred fifteen and one hundred sixteen of this act shall take effect on July 1, 1995; provided, however, that section one hundred thirteen of this act shall remain in full force and effect until July 1, [2015] 2016 at which time it shall be deemed repealed; (24) sections one hundred eighteen through one hundred thirty of this act shall be deemed to have been in full force and effect on and after July 1, 1995; provided further, however, that the amendments made pursu- ant to section one hundred twenty-four of this act shall be deemed to be repealed on and after July 1, [2015] 2016; S 18. Section 7 of chapter 472 of the laws of 1998, amending the education law relating to the lease of school buses by school districts, as amended by section 26 of part A of chapter 57 of the laws of 2013, is amended to read as follows: S 7. This act shall take effect September 1, 1998, and shall expire and be deemed repealed September 1, [2015] 2017. S 19. Section 12 of chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, as amended by section 18 of part A of chapter 56 of the laws of 2014, is amended to read as follows: S 12. This act shall take effect on the same date as chapter 180 of the laws of 2000 takes effect, and shall expire July 1, [2015] 2016 when upon such date the provisions of this act shall be deemed repealed. S 20. Section 4 of chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, as amended by section 19 of part A of chapter 56 of the laws of 2014, is amended to read as follows: S 4. This act shall take effect July 1, 2002 and shall expire and be deemed repealed June 30, [2015] 2016. S 21. Section 5 of chapter 101 of the laws of 2003, amending the education law relating to implementation of the No Child Left Behind Act of 2001, as amended by section 20 of part A of chapter 56 of the laws of 2014, is amended to read as follows: S 5. This act shall take effect immediately; provided that sections one, two and three of this act shall expire and be deemed repealed on June 30, [2015] 2016. S 22. School bus driver training. In addition to apportionments other- wise provided by section 3602 of the education law, for aid payable in the 2015-2016 school year, the commissioner of education shall allocate school bus driver training grants to school districts and boards of cooperative educational services pursuant to sections 3650-a, 3650-b and 3650-c of the education law, or for contracts directly with not-for-pro- fit educational organizations for the purposes of this section. Such payments shall not exceed four hundred thousand dollars ($400,000) per school year. S. 2006--A 14 A. 3006--A S 23. Special apportionment for salary expenses. a. Notwithstanding any other provision of law, upon application to the commissioner of education, not sooner than the first day of the second full business week of June 2016 and not later than the last day of the third full business week of June 2016, a school district eligible for an apportion- ment pursuant to section 3602 of the education law shall be eligible to receive an apportionment pursuant to this section, for the school year ending June 30, 2016, for salary expenses incurred between April 1 and June 30, 2015 and such apportionment shall not exceed the sum of (i) the deficit reduction assessment of 1990--1991 as determined by the commis- sioner of education, pursuant to paragraph f of subdivision 1 of section 3602 of the education law, as in effect through June 30, 1993, plus (ii) 186 percent of such amount for a city school district in a city with a population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of such amount for a city school district in a city with a population of more than 195,000 inhabitants and less than 219,000 inhabitants accord- ing to the latest federal census, plus (iv) the net gap elimination adjustment for 2010--2011, as determined by the commissioner of educa- tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi- nation adjustment for 2011--2012 as determined by the commissioner of education pursuant to subdivision 17 of section 3602 of the education law, and provided further that such apportionment shall not exceed such salary expenses. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery apportionment payable pursuant to subparagraph (2) of such paragraph followed by the fixed fall payments payable pursuant to subparagraph (4) of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph (1) of such para- graph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be S. 2006--A 15 A. 3006--A deducted on a chronological basis starting with the earliest payment due the district. S 24. Special apportionment for public pension accruals. a. Notwith- standing any other provision of law, upon application to the commission- er of education, not later than June 30, 2016, a school district eligi- ble for an apportionment pursuant to section 3602 of the education law shall be eligible to receive an apportionment pursuant to this section, for the school year ending June 30, 2016 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery apportionment payable pursuant to subparagraph (2) of such paragraph followed by the fixed fall payments payable pursuant to subparagraph (4) of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph (1) of such para- graph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. S 25. a. Notwithstanding any other law, rule or regulation to the contrary, any moneys appropriated to the state education department may be suballocated to other state departments or agencies, as needed, to accomplish the intent of the specific appropriations contained therein. b. Notwithstanding any other law, rule or regulation to the contrary, moneys appropriated to the state education department from the general S. 2006--A 16 A. 3006--A fund/aid to localities, local assistance account-001, shall be for payment of financial assistance, as scheduled, net of disallowances, refunds, reimbursement and credits. c. Notwithstanding any other law, rule or regulation to the contrary, all moneys appropriated to the state education department for aid to localities shall be available for payment of aid heretofore or hereafter to accrue and may be suballocated to other departments and agencies to accomplish the intent of the specific appropriations contained therein. d. Notwithstanding any other law, rule or regulation to the contrary, moneys appropriated to the state education department for general support for public schools may be interchanged with any other item of appropriation for general support for public schools within the general fund local assistance account office of prekindergarten through grade twelve education programs. S 26. Notwithstanding the provision of any law, rule, or regulation to the contrary, the city school district of the city of Rochester, upon the consent of the board of cooperative educational services of the supervisory district serving its geographic region may purchase from such board for the 2015--2016 school year, as a non-component school district, services required by article 19 of the education law. S 27. The amounts specified in this section shall be a set aside from the state funds which each such district is receiving from the total foundation aid: for the purpose of the development, maintenance or expansion of magnet schools or magnet school programs for the 2015--2016 school year. To the city school district of the city of New York there shall be paid forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars ($500,000) for the Andrew Jackson High School; to the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); to the Rochester city school district, fifteen million dollars ($15,000,000); to the Syracuse city school district, thirteen million dollars ($13,000,000); to the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); to the Newburgh city school district, four million six hundred forty-five thousand dollars ($4,645,000); to the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); to the Mount Vernon city school district, two million dollars ($2,000,000); to the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); to the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); to the Port Chester city school district, one million one hundred fifty thousand dollars ($1,150,000); to the White Plains city school district, nine hundred thousand dollars ($900,000); to the Niagara Falls city school district, six hundred thousand dollars ($600,000); to the Albany city school district, three million five hundred fifty thousand dollars ($3,550,000); to the Utica city school district, two million dollars ($2,000,000); to the Beacon city school district, five hundred sixty-six thousand dollars ($566,000); to the Middletown city school district, four hundred thousand dollars ($400,000); to the Freeport union free school district, four hundred thousand dollars ($400,000); to the Green- burgh central school district, three hundred thousand dollars ($300,000); to the Amsterdam city school district, eight hundred thou- sand dollars ($800,000); to the Peekskill city school district, two hundred thousand dollars ($200,000); and to the Hudson city school district, four hundred thousand dollars ($400,000). Notwithstanding the provisions of this section, a school district receiving a grant pursuant S. 2006--A 17 A. 3006--A to this section may use such grant funds for: (i) any instructional or instructional support costs associated with the operation of a magnet school; or (ii) any instructional or instructional support costs associ- ated with implementation of an alternative approach to reduction of racial isolation and/or enhancement of the instructional program and raising of standards in elementary and secondary schools of school districts having substantial concentrations of minority students. The commissioner of education shall not be authorized to withhold magnet grant funds from a school district that used such funds in accordance with this paragraph, notwithstanding any inconsistency with a request for proposals issued by such commissioner. For the purpose of attendance improvement and dropout prevention for the 2015--2016 school year, for any city school district in a city having a population of more than one million, the setaside for attendance improvement and dropout prevention shall equal the amount set aside in the base year. For the 2015--2016 school year, it is further provided that any city school district in a city having a population of more than one million shall allocate at least one-third of any increase from base year levels in funds set aside pursuant to the requirements of this subdivision to community-based organizations. Any increase required pursuant to this subdivision to community-based organizations must be in addition to allocations provided to community-based organizations in the base year. For the purpose of teacher support for the 2015--2016 school year: to the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); to the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); to the Rochester city school district, one million seven- ty-six thousand dollars ($1,076,000); to the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and to the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion to salaries heretofore or hereafter negotiated or made available; provided, however, that all funds distributed pursuant to this section for the current year shall be deemed to incorporate all funds distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate collective negotiations conducted pursuant to the provisions and procedures of article 14 of the civil service law, notwithstanding the existence of a negotiated agreement between a school district and a certified or recognized employee organization. S 28. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2015 enacting the aid to localities budget shall be apportioned for the 2015-2016 state fiscal year in accordance with the provisions of sections 271, 272, 273, 282, 284, and 285 of the education law as amended by the provisions of this chapter and the provisions of this section, provided that library construction aid pursuant to section 273-a of the educa- tion law shall not be payable from the appropriations for the support of public libraries and provided further that no library, library system or program, as defined by the commissioner of education, shall receive less total system or program aid than it received for the year 2001-2002 S. 2006--A 18 A. 3006--A except as a result of a reduction adjustment necessary to conform to the appropriations for support of public libraries. Notwithstanding any other provision of law to the contrary the moneys appropriated for the support of public libraries for the year 2015-2016 by a chapter of the laws of 2015 enacting the education, labor and fami- ly assistance budget shall fulfill the state's obligation to provide such aid and, pursuant to a plan developed by the commissioner of educa- tion and approved by the director of the budget, the aid payable to libraries and library systems pursuant to such appropriations shall be reduced proportionately to assure that the total amount of aid payable does not exceed the total appropriations for such purpose. S 29. Severability. The provisions of this act shall be severable, and if the application of any clause, sentence, paragraph, subdivision, section or part of this act to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not necessarily affect, impair or invalidate the applica- tion of any such clause, sentence, paragraph, subdivision, section, part of this act or remainder thereof, as the case may be, to any other person or circumstance, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 30. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2015, provided, however, that: 1. Sections one, eight, nine, thirteen, fourteen, twenty-two, twenty- six and twenty-seven of this act shall take effect July 1, 2015. 2. Sections seven and twelve of this act shall take effect April 1, 2014. 3. Section six of this act shall take effect July 1, 2014. 4. Section eleven of this act shall take effect April 1, 2015 and shall first apply to reimbursement for services and programs provided pursuant to section 4410 of the education law in the 2015-16 school year. 5. The amendments to chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by a consortium for worker education in New York City, made by sections thirteen and four- teen of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. 6. Section seventeen of this act shall take effect immediately and shall be deemed to have been in full force and effect on and after the effective date of section 140 of chapter 82 of the laws of 1995. PART B Section 1. The education law is amended by adding a new section 210-a to read as follows: S 210-A. REGISTRATION OF CURRICULA. NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY, ANY NEW CURRICULUM OR PROGRAM OF STUDY OFFERED BY ANY NOT-FOR-PROFIT COLLEGE OR UNIVERSITY CHARTERED BY THE REGENTS OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE THAT DOES NOT REQUIRE A MASTER PLAN AMENDMENT PURSUANT TO SECTION TWO HUNDRED THIRTY- SEVEN OF THIS CHAPTER, OR CHARTER AMENDMENT PURSUANT TO SECTION TWO HUNDRED SIXTEEN OF THIS CHAPTER, OR LEAD TO PROFESSIONAL LICENSURE AND THAT IS APPROVED BY THE STATE UNIVERSITY BOARD OF TRUSTEES, THE CITY UNIVERSITY BOARD OF TRUSTEES, OR THE TRUSTEES OR GOVERNING BODY OF ANY S. 2006--A 19 A. 3006--A OTHER NOT-FOR-PROFIT COLLEGE OR UNIVERSITY CHARTERED BY THE REGENTS WHICH (1) HAS MAINTAINED A PHYSICAL PRESENCE IN NEW YORK STATE FOR THE IMMEDIATELY PRECEDING TEN YEARS AND HAS BEEN OPERATED CONTINUOUSLY BY THE SAME GOVERNING CORPORATE ENTITY DURING THE SAME IMMEDIATELY PRECED- ING TEN YEAR PERIOD AND (2) IS ACCREDITED AND HAS CONTINUED IN ACCREDI- TATION BY THE MIDDLE STATES COMMISSION ON HIGHER EDUCATION ("MSCHE") OR THE DEPARTMENT FOR THE IMMEDIATELY PRECEDING TEN YEARS, SHALL BE DEEMED REGISTERED WITH THE DEPARTMENT WITHIN THIRTY DAYS OF NOTIFICATION OF APPROVAL. IF THE COLLEGE OR UNIVERSITY IS PLACED ON PROBATION OR HAS ITS ACCREDITATION TERMINATED BY MSCHE, SUCH COLLEGE OR UNIVERSITY SHALL NOTIFY THE REGENTS IN WRITING NO LATER THAN THIRTY DAYS AFTER BEING FORMALLY INFORMED OF ITS PROBATION OR LOSS OF ACCREDITATION BY MSCHE. IF A COLLEGE OR UNIVERSITY HAS ITS ACCREDITATION PLACED ON PROBATION OR TERMINATED BY THE MSCHE OR THE EDUCATION DEPARTMENT THE COLLEGE OR UNIVERSITY SHALL BE SUBJECT TO THE COMMISSIONER'S PROGRAM APPROVAL IT HAD BEEN REMOVED FROM PROBATION OR REGAINED ACCREDITATION BY MSCHE OR THE EDUCATION DEPARTMENT, AND SHALL REMAIN SUBJECT TO SUCH COMMISSION- ER'S PROGRAM APPROVAL UNTIL IT HAS CONTINUED IN ACCREDITATION AND WITH- OUT PROBATION FOR A PERIOD OF NOT LESS THAN SIX YEARS. IF A COLLEGE OR UNIVERSITY SUBJECT TO THIS SECTION INTENDS TO OFFER OR INSTITUTE AN ADDITIONAL DEGREE OR PROGRAM WHICH CONSTITUTES A "SUBSTANTIVE CHANGE," AS DEFINED AND DETERMINED BY MSCHE, THEN THE COLLEGE OR UNIVERSITY SHALL PROVIDE THE COMMISSIONER WITH COPIES OF ANY REPORTS OR OTHER DOCUMENTS FILED WITH MSCHE AS PART OF MSCHE'S SUBSTANTIVE CHANGE REVIEW PROCESS AND SHALL INFORM THE COMMISSIONER WHEN THE SUBSTANTIVE CHANGE IS APPROVED. ANY SUCH COLLEGE OR UNIVERSITY THAT DOES NOT SATISFY ALL OF THE PROVISIONS OF THIS PARAGRAPH SHALL COMPLY WITH THE PROCEDURES AND CRITERIA ESTABLISHED BY THE REGENTS AND COMMISSIONER FOR ACADEMIC PROGRAM APPROVAL. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE DEPARTMENT'S EXISTING AUTHORITY TO ACT ON COMPLAINTS CONCERNING THE INSTITUTION, INCLUDING THE AUTHORITY TO DE-REGISTER THE PROGRAM. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2015. PART C Section 1. The education law is amended by adding a new section 679-g to read as follows: S 679-G. NEW YORK STATE GET ON YOUR FEET LOAN FORGIVENESS PROGRAM. 1. PURPOSE. THE PRESIDENT SHALL GRANT STUDENT LOAN FORGIVENESS AWARDS FOR THE PURPOSE OF ALLEVIATING THE BURDEN OF FEDERAL STUDENT LOAN DEBT FOR RECENT NEW YORK STATE COLLEGE GRADUATES. 2. ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SECTION, AN APPLICANT SHALL: (A) HAVE GRADUATED FROM A HIGH SCHOOL LOCATED IN NEW YORK STATE OR ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA AND RECEIVED SUCH HIGH SCHOOL EQUIVALEN- CY DIPLOMA; (B) HAVE GRADUATED AND OBTAINED AN UNDERGRADUATE DEGREE FROM A COLLEGE OR UNIVERSITY WITH ITS HEADQUARTERS LOCATED IN NEW YORK STATE IN OR AFTER THE TWO THOUSAND FOURTEEN--FIFTEEN ACADEMIC YEAR; (C) APPLY FOR THIS PROGRAM WITHIN TWO YEARS OF COLLEGE GRADUATION; (D) BE A PARTICIPANT IN A FEDERAL INCOME-DRIVEN REPAYMENT PLAN WHOSE PAYMENT AMOUNT IS GENERALLY TEN PERCENT OF DISCRETIONARY INCOME; (E) HAVE INCOME OF LESS THAN FIFTY THOUSAND DOLLARS; (F) BE A RESIDENT OF NEW YORK STATE; AND (G) WORK IN NEW YORK STATE, IF EMPLOYED. FOR PURPOSES OF THIS PROGRAM, "INCOME" SHALL BE THE TOTAL ADJUSTED GROSS INCOME OF THE APPLI- CANT AND THE APPLICANT'S SPOUSE, IF APPLICABLE. S. 2006--A 20 A. 3006--A 3. AWARDS. AN APPLICANT WHOSE ANNUAL INCOME IS LESS THAN FIFTY THOU- SAND DOLLARS SHALL BE ELIGIBLE TO RECEIVE AN AWARD EQUAL TO ONE HUNDRED PERCENT OF HIS OR HER MONTHLY FEDERAL INCOME-DRIVEN REPAYMENT PLAN PAYMENTS FOR THE FIRST TWO YEARS OF REPAYMENT UNDER THE FEDERAL PROGRAM. 4. RULES AND REGULATIONS. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS NECES- SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2015. PART D Section 1. This act shall be known and may be cited as the "New York state DREAM Act". S 2. Subdivision 3 of section 661 of the education law is REPEALED. S 3. Paragraph a of subdivision 5 of section 661 of the education law, as amended by chapter 466 of the laws of 1977, is amended to read as follows: a. (I) Except as provided in subdivision two of section six hundred seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an applicant for an award at the undergraduate level of study must either [(i)] (A) have been a legal resident of the state for at least one year immediately preceding the beginning of the semester, quarter or term of attendance for which application for assistance is made, or [(ii)] (B) be a legal resident of the state and have been a legal resident during his OR HER last two semesters of high school either prior to graduation, or prior to admission to college. Provided further that persons shall be eligible to receive awards under section six hundred sixty-eight or section six hundred sixty-nine OF THIS PART who are currently legal residents of the state and are otherwise qualified. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED WITHIN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR S. 2006--A 21 A. 3006--A (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER. PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. S 4. Paragraph b of subdivision 5 of section 661 of the education law, as amended by chapter 466 of the laws of 1977, is amended to read as follows: b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, AN applicant for an award at the graduate level of study must either [(i)] (A) have been a legal resident of the state for at least one year immediately preceding the beginning of the semester, quarter or term of attendance for which application for assistance is made, or [(ii)] (B) be a legal resident of the state and have been a legal resi- dent during his OR HER last academic year of undergraduate study and have continued to be a legal resident until matriculation in the gradu- ate program. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED WITHIN TEN YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED THE INSTITU- TION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER. PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO S. 2006--A 22 A. 3006--A LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. S 5. Paragraph d of subdivision 5 of section 661 of the education law, as amended by chapter 844 of the laws of 1975, is amended to read as follows: d. If an applicant for an award allocated on a geographic basis has more than one residence in this state, his OR HER residence for the purpose of this article shall be his OR HER place of actual residence during the major part of the year while attending school, as determined by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE INSTITUTION OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR PURPOSES OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS. S 6. Paragraph e of subdivision 5 of section 661 of the education law, as added by chapter 630 of the laws of 2005, is amended to read as follows: e. Notwithstanding any other provision of this article to the contra- ry, the New York state [residency] eligibility [requirement] REQUIRE- MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS SUBDIVISION ARE waived for a member, or the spouse or dependent of a member, of the armed forces of the United States on full-time active duty and stationed in this state. S 7. Clauses (i) and (ii) of subparagraph 8 of paragraph h of subdivi- sion 2 of section 355 of the education law, as added by chapter 327 of the laws of 2002, are amended to read as follows: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at] AND ATTENDED an institution or educational unit of the state university within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at], EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED an institution or educational unit of the state university within five years of receiving a general equivalency diploma issued within New York state; or S 8. Subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of section 6206 of the education law, as amended by chapter 260 of the laws of 2011, are amended to read as follows: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at] AND ATTENDED an institution or educational unit of the city university within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at], S. 2006--A 23 A. 3006--A EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED an institution or educational unit of the city university within five years of receiving a general equivalency diploma issued within New York state; or S 8-a. Paragraph (a) of subdivision 7 of section 6206 of the education law, as amended by chapter 327 of the laws of 2002, the opening para- graph as amended by section 2 of part O of chapter 58 of the laws of 2006, is amended to read as follows: (a) The board of trustees shall establish positions, departments, divisions and faculties; appoint and in accordance with the provisions of law fix salaries of instructional and non-instructional employees therein; establish and conduct courses and curricula; prescribe condi- tions of student admission, attendance and discharge; and shall have the power to determine in its discretion whether tuition shall be charged and to regulate tuition charges, and other instructional and non-in- structional fees and other fees and charges at the educational units of the city university. The trustees shall review any proposed community college tuition increase and the justification for such increase. The justification provided by the community college for such increase shall include a detailed analysis of ongoing operating costs, capital, debt service expenditures, and all revenues. The trustees shall not impose a differential tuition charge based upon need or income. All students enrolled in programs leading to like degrees at the senior colleges shall be charged a uniform rate of tuition, except for differential tuition rates based on state residency. The trustees shall further provide that the payment of tuition and fees by any student who is not a resident of New York state, other than a non-immigrant alien within the meaning of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States Code, shall be paid at a rate or charge no greater than that imposed for students who are residents of the state if such student: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at] AND ATTENDED an institution or educational unit of the city university within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at], EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED an institution or educational unit of the city university within five years of receiving a general equivalency diploma issued within New York state; or (iii) was enrolled in an institution or educational unit of the city university in the fall semester or quarter of the two thousand one--two thousand two academic year and was authorized by such institution or educational unit to pay tuition at the rate or charge imposed for students who are residents of the state. A student without lawful immigration status shall also be required to file an affidavit with such institution or educational unit stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligi- ble to do so. The trustees shall not adopt changes in tuition charges S. 2006--A 24 A. 3006--A prior to the enactment of the annual budget. The board of trustees may accept as partial reimbursement for the education of veterans of the armed forces of the United States who are otherwise qualified such sums as may be authorized by federal legislation to be paid for such educa- tion. The board of trustees may conduct on a fee basis extension courses and courses for adult education appropriate to the field of higher education. In all courses and courses of study it may, in its discretion, require students to pay library, laboratory, locker, break- age and other instructional and non-instructional fees and meet the cost of books and consumable supplies. In addition to the foregoing fees and charges, the board of trustees may impose and collect fees and charges for student government and other student activities and receive and expend them as agent or trustee. S 9. Subdivision 5 of section 6301 of the education law, as amended by chapter 327 of the laws of 2002, is amended to read as follows: 5. "Resident." A person who has resided in the state for a period of at least one year and in the county, city, town, intermediate school district, school district or community college region, as the case may be, for a period of at least six months, both immediately preceding the date of such person's registration in a community college or, for the purposes of section sixty-three hundred five of this article, his or her application for a certificate of residence; provided, however, that this term shall include any student who is not a resident of New York state, other than a non-immigrant alien within the meaning of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States Code, if such student: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at an institution or educational unit of the state university] AND ATTENDED A COMMUNITY COLLEGE within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at an institution or educational unit of the state university], EARNED ADMIS- SION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED A COMMUNITY COLLEGE within five years of receiving a general equivalency diploma issued within New York state; or (iii) was enrolled in [an institution or educational unit of the state university] A COMMUNITY COLLEGE in the fall semester or quarter of the two thousand one--two thousand two academic year and was authorized by such [institution or educational unit] COMMUNITY COLLEGE to pay tuition at the rate or charge imposed for students who are residents of the state. Provided, further, that a student without lawful immigration status shall also be required to file an affidavit with such [institution or educational unit] COMMUNITY COLLEGE stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligible to do so. In the event that a person qualified as above for state residence, but has been a resident of two or more counties in the state during the six months immediately preceding his OR HER application for a certificate of residence pursuant to section sixty-three hundred five of this chapter, S. 2006--A 25 A. 3006--A the charges to the counties of residence shall be allocated among the several counties proportional to the number of months, or major fraction thereof, of residence in each county. S 10. Paragraph d of subdivision 3 of section 6451 of the education law, as amended by chapter 149 of the laws of 1972, is amended to read as follows: d. Any necessary supplemental financial assistance, which may include the cost of books and necessary maintenance for such enrolled students, INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA- GRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided, however, that such supplemental financial assistance shall be furnished pursuant to criteria promulgated by the commissioner with the approval of the director of the budget. S 11. Subparagraph (v) of paragraph a of subdivision 4 of section 6452 of the education law, as added by chapter 917 of the laws of 1970, is amended to read as follows: (v) Any necessary supplemental financial assistance, which may include the cost of books and necessary maintenance for such students, INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided, however, that such supplemental financial assistance shall be furnished pursuant to criteria promulgated by such universities and approved by the regents and the director of the budget. S 12. Paragraph (a) of subdivision 2 of section 6455 of the education law, as added by chapter 285 of the laws of 1986, is amended to read as follows: (a) (I) Undergraduate science and technology entry program moneys may be used for tutoring, counseling, remedial and special summer courses, supplemental financial assistance, program administration, and other activities which the commissioner may deem appropriate. To be eligible for undergraduate collegiate science and technology entry program support, a student must be a resident of New York [who is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either economically disadvantaged or from a minority group historically under represented in the scientific, technical, health and health-related professions, and [who demonstrates] MUST DEMONSTRATE interest in and a potential for a professional career if provided special services. Eligi- ble students must be in good academic standing, enrolled full time in an approved, undergraduate level program of study, as defined by the regents. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER S. 2006--A 26 A. 3006--A EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED WITHIN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER. PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. S 13. Paragraph (a) of subdivision 3 of section 6455 of the education law, as added by chapter 285 of the laws of 1986, is amended to read as follows: (a) (I) Graduate science and technology entry program moneys may be used for recruitment, academic enrichment, career planning, supplemental financial assistance, review for licensing examinations, program admin- istration, and other activities which the commissioner may deem appro- priate. To be eligible for graduate collegiate science and technology entry program support, a student must be a resident of New York [who is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either economically disadvantaged or from a minority group historically underrepresented in the scientific, technical and health- related professions. Eligible students must be in good academic stand- ing, enrolled full time in an approved graduate level program, as defined by the regents. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED WITHIN TEN YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE S. 2006--A 27 A. 3006--A ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED THE INSTITU- TION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGE AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER. PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. S 14. Subparagraph (i) of paragraph a of subdivision 2 of section 695-e of the education law, as amended by chapter 593 of the laws of 2003, is amended to read as follows: (i) the name, address and social security number [or], employer iden- tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA- TION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; S 15. Subparagraph (iii) of paragraph a of subdivision 2 of section 695-e of the education law, as amended by chapter 593 of the laws of 2003, is amended to read as follows: (iii) the name, address, and social security number, EMPLOYER IDEN- TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the designated beneficiary, UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and S 16. The president of the higher education services corporation shall establish an application form and procedures that shall allow a student applicant that meets the requirements set forth in subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b of subdivision 5 of section 661 of the education law to apply directly to the higher educa- tion services corporation for applicable awards without having to submit information to any other state or federal agency. All information contained with the applications filed with such corporation shall be deemed confidential, except that the corporation shall be entitled to release information to participating institutions as necessary for the administration of financial aid programs and to the extent required pursuant to article six of the public officers law or otherwise required by law. S 17. The higher education services corporation is authorized to promulgate rules and regulations, and may promulgate emergency regu- lations, necessary for the implementation of the provisions of this act. S 18. This act shall take effect on the ninetieth day after the issu- ance of regulations and the development of an application form by the S. 2006--A 28 A. 3006--A president of the higher education services corporation or on the nineti- eth day after it shall have become a law, whichever shall be later; provided however, notwithstanding the foregoing, this act shall not take effect unless the legislature enacts, by no later than March 31, 2015, a chapter of law identical to legislation submitted by the Governor pursu- ant to Article VII of the New York Constitution as Part E of legislative bill numbers S. 2006 and A. 3006 relating to an education tax credit program that would make available $100 million in tax credits annually to provide a tax credit incentive to encourage individual and business donations to support public schools' educational improvement programs as well as public and non-public school scholarships for elementary and secondary school students. Provided, that the amendments to paragraph (a) of subdivision 7 of section 6206 of the education law, made by section eight-a of this act, shall take effect upon the expiration and repeal of the amendments to such paragraph made by section 4 of chapter 260 of the laws of 2011 pursuant to section 16 of chapter 260 of the laws of 2011, as amended. Provided further, however, that the amend- ments to subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of section 6206 of the education law made by section eight of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith; provided that the president of the higher education services corporation shall notify the legislative bill drafting commis- sion upon the occurrence of the issuance of regulations and the develop- ment of an application form provided for in this section in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. PART E Section 1. Short title. This act shall be known and may be cited as the "education tax credit act". S 2. The education law is amended by adding a new article 25 to read as follows: ARTICLE 25 EDUCATION TAX CREDIT PROGRAM SECTION 1209. SHORT TITLE. 1210. DEFINITIONS. 1211. APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. 1212. APPLICATIONS FOR APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. 1213. APPLICATION APPROVAL FOR CERTIFICATES OF RECEIPTS. 1214. REVOCATION OF APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. 1215. REPORTING AND RECORDKEEPING. 1216. JOINT ANNUAL REPORT. 1217. COMMISSIONER; POWERS. S 1209. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "EDUCATION TAX CREDIT PROGRAM". S 1210. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "AUTHORIZED CONTRIBUTION" MEANS THE CONTRIBUTION AMOUNT THAT IS LISTED ON THE CONTRIBUTION AUTHORIZATION CERTIFICATE ISSUED TO A TAXPAY- ER. S. 2006--A 29 A. 3006--A 2. "CONTRIBUTION" MEANS A DONATION PAID BY CASH, CHECK, ELECTRONIC FUNDS TRANSFER, DEBIT CARD OR CREDIT CARD THAT IS MADE BY A TAXPAYER DURING THE TAXABLE YEAR. 3. "EDUCATIONAL PROGRAM" MEANS AN ACADEMIC OR SIMILAR PROGRAM OF A PUBLIC SCHOOL THAT ENHANCES THE CURRICULUM OR ACADEMIC PROGRAM OF THE PUBLIC SCHOOL, OR PROVIDES A PRE-KINDERGARTEN PROGRAM TO A PUBLIC SCHOOL. FOR PURPOSES OF THIS DEFINITION, THE INSTRUCTION, MATERIALS, PROGRAMS AND OTHER ACTIVITIES OFFERED BY OR THROUGH AN EDUCATIONAL PROGRAM MAY INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING FEATURES: (A) INSTRUCTION OR MATERIALS PROMOTING HEALTH, PHYSICAL EDUCATION, AND FAMI- LY AND CONSUMER SCIENCES; LITERARY, PERFORMING AND VISUAL ARTS; MATH- EMATICS, SOCIAL STUDIES, TECHNOLOGY AND SCIENTIFIC ACHIEVEMENT; (B) INSTRUCTION OR PROGRAMMING TO MEET THE EDUCATION NEEDS OF AT-RISK STUDENTS OR STUDENTS WITH DISABILITIES, INCLUDING TUTORING OR COUN- SELING; OR (C) THE USE OF SPECIALIZED INSTRUCTIONAL MATERIALS, INSTRUC- TORS OR INSTRUCTION NOT PROVIDED BY A PUBLIC SCHOOL. 4. "EDUCATIONAL SCHOLARSHIP ORGANIZATION" MEANS AN ENTITY THAT: (A) IS EXEMPT FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION (C) OF SECTION FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE; (B) USES AT LEAST NINETY PERCENT OF THE QUALIFIED CONTRIBUTIONS RECEIVED DURING THE CALENDAR YEAR AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS DURING SUCH YEAR FOR SCHOLARSHIPS; (C) PROVIDES MORE THAN FIFTY PERCENT OF ITS SCHOLARSHIPS DURING A CALENDAR YEAR TO ELIGIBLE PUPILS WHO RESIDE IN A HOUSEHOLD THAT HAS AN INCOME NOT TO EXCEED ONE HUNDRED FIFTY PERCENT OF THE INCOME QUALIFICATION REQUIRED FOR THE REDUCED PRICE SCHOOL LUNCHES UNDER THE NATIONAL SCHOOL LUNCH ACT, PROVIDED HOWEVER FOR THE PURPOSES OF AN EDUCATIONAL SCHOLARSHIP ORGANIZATION FULFILLING SUCH REQUIREMENT, AN EDUCATIONAL SCHOLARSHIP ORGANIZATION MAY ENTER INTO AN AGREEMENT WITH ANOTHER EDUCATIONAL SCHOLARSHIP ORGANIZATION OR ORGANIZATIONS TO JOINTLY REPORT THEIR SCHOLARSHIP INFORMATION TO MEET SUCH REQUIREMENT; (D) DEPOSITS AND HOLDS QUALIFIED CONTRIBUTIONS AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS IN AN ACCOUNT THAT IS SEPARATE FROM THE ORGAN- IZATION'S OPERATING OR OTHER FUNDS UNTIL SUCH QUALIFIED CONTRIBUTIONS OR INCOME ARE WITHDRAWN FOR USE; (E) PROVIDES SCHOLARSHIPS TO ELIGIBLE PUPILS FOR USE AT NOT FEWER THAN THREE QUALIFIED SCHOOLS; AND (F) IS APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTICLE. 5. "ELIGIBLE PUPIL" MEANS A CHILD WHO IS: (A) A RESIDENT OF THIS STATE; (B) OF SCHOOL AGE IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION THIRTY-TWO HUNDRED TWO OF THIS CHAPTER OR WHO IS FOUR YEARS OF AGE ON OR BEFORE DECEMBER FIRST OF THE YEAR IN WHICH SUCH CHILD IS ENROLLED IN A PRE-KINDERGARTEN PROGRAM; (C) ATTENDS OR IS ABOUT TO ATTEND A QUALIFIED SCHOOL; AND (D) RESIDES IN A HOUSEHOLD WHICH HAS A FEDERAL ADJUSTED GROSS INCOME OF TWO HUNDRED FIFTY THOUSAND DOLLARS OR LESS, PROVIDED HOWEVER, FOR HOUSEHOLDS WITH THREE OR MORE DEPENDENT CHILDREN, SUCH INCOME LEVEL SHALL BE INCREASED BY TEN THOUSAND DOLLARS PER DEPENDENT CHILD, NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS. 6. "LOCAL EDUCATION FUND" MEANS A NOT-FOR-PROFIT ENTITY WHICH: (A) IS EXEMPT FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION (C) OF SECTION FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE; (B) IS ESTABLISHED FOR THE PURPOSE OF SUPPORTING AT LEAST ONE PUBLIC SCHOOL OR A PUBLIC SCHOOL DISTRICT LOCATED IN THIS STATE; (C) USES AT LEAST NINETY PERCENT OF THE QUALIFIED CONTRIBUTIONS RECEIVED DURING THE CALENDAR YEAR AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS DURING SUCH MONTHS TO SUPPORT THE PUBLIC SCHOOL OR SCHOOLS OR PUBLIC SCHOOL DISTRICT OR DISTRICTS THAT SUCH FUND HAS BEEN ESTABLISHED TO SUPPORT; (D) DEPOSITS AND HOLDS QUALI- FIED CONTRIBUTIONS AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS S. 2006--A 30 A. 3006--A IN AN ACCOUNT THAT IS SEPARATE FROM THE FUND'S OPERATING OR OTHER FUNDS UNTIL SUCH QUALIFIED CONTRIBUTIONS OR INCOME ARE WITHDRAWN FOR USE; AND (E) IS APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTI- CLE. 7. "NON-PUBLIC SCHOOL" MEANS ANY NOT-FOR-PROFIT PRE-KINDERGARTEN PROGRAM OR ELEMENTARY OR SECONDARY SECTARIAN OR NONSECTARIAN SCHOOL LOCATED IN THIS STATE, OTHER THAN A PUBLIC SCHOOL, THAT PROVIDES INSTRUCTION AT ONE OR MORE LOCATIONS TO AN ELIGIBLE PUPIL IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION THIRTY-TWO HUNDRED FOUR OF THIS CHAPTER. 8. "PUBLIC EDUCATION ENTITY" MEANS A PUBLIC SCHOOL DISTRICT OR A PUBLIC SCHOOL IN THIS STATE, PROVIDED THAT SUCH PUBLIC SCHOOL DISTRICT OR PUBLIC SCHOOL: (A) DEPOSITS AND HOLDS QUALIFIED CONTRIBUTIONS AND ANY INCOME DERIVED FROM SUCH QUALIFIED CONTRIBUTIONS IN AN ACCOUNT THAT IS SEPARATE FROM THE PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT'S OPERATING OR OTHER FUNDS UNTIL SUCH QUALIFIED CONTRIBUTIONS OR INCOME ARE WITHDRAWN FOR USE; AND (B) IS APPROVED TO RECEIVE AUTHORIZED CONTRIBUTIONS AND ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTICLE. 9. "PUBLIC SCHOOL" MEANS ANY FREE ELEMENTARY OR SECONDARY SCHOOL IN THIS STATE PURSUANT TO ARTICLE ELEVEN OF THE CONSTITUTION, BUT SHALL NOT INCLUDE A CHARTER SCHOOL AUTHORIZED BY ARTICLE FIFTY-SIX OF THIS CHAP- TER. 10. "QUALIFIED CONTRIBUTION" MEANS THE AUTHORIZED CONTRIBUTION MADE BY A TAXPAYER TO A PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZA- TION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION LISTED IN THE CONTRIBUTION AUTHORIZATION CERTIFICATE ISSUED TO THE TAXPAYER FOR WHICH THE TAXPAYER HAS RECEIVED A CERTIFICATE OF RECEIPT FROM SUCH ENTITY, FUND OR ORGANIZATION. A CONTRIBUTION DOES NOT QUALIFY IF THE TAXPAYER DESIGNATES THE TAXPAYER'S CONTRIBUTION TO AN ENTITY OR ORGANIZATION FOR THE DIRECT BENEFIT OF ANY PARTICULAR OR SPECIFIED STUDENT. 11. "QUALIFIED SCHOOL" MEANS A PUBLIC SCHOOL OR NON-PUBLIC SCHOOL LOCATED IN THIS STATE. 12. "SCHOLARSHIP" MEANS AN EDUCATIONAL SCHOLARSHIP OR TUITION GRANT AWARDED TO AN ELIGIBLE PUPIL TO ATTEND A QUALIFIED SCHOOL IN AN AMOUNT NOT TO EXCEED THE TUITION CHARGED TO ATTEND SUCH SCHOOL LESS ANY OTHER EDUCATIONAL SCHOLARSHIP OR TUITION GRANT RECEIVED BY SUCH ELIGIBLE PUPIL OR HIS OR HER PARENT, PARENTS, LEGAL GUARDIAN, OR LEGAL GUARDIANS FOR SUCH ELIGIBLE PUPIL'S TUITION; PROVIDED, HOWEVER, IN THE CASE OF AN ELIGIBLE PUPIL ATTENDING A PUBLIC SCHOOL OF A DISTRICT OF WHICH SUCH PUPIL IS NOT A RESIDENT, THE AMOUNT OF THE EDUCATIONAL SCHOLARSHIP OR TUITION GRANT AWARDED MAY NOT EXCEED THE TUITION CHARGED BY THE PUBLIC SCHOOL PURSUANT TO PARAGRAPH D OF SUBDIVISION FOUR OF SECTION THIRTY-TWO HUNDRED TWO OF THIS CHAPTER, BUT ONLY IF THE SCHOOL DISTRICT OF WHICH SUCH PUPIL IS A RESIDENT IS NOT REQUIRED TO PAY FOR SUCH TUITION. 13. "SCHOOL IMPROVEMENT ORGANIZATION" MEANS A NOT-FOR-PROFIT ENTITY WHICH: (A) IS EXEMPT FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION (C) OF SECTION FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE; (B) USES AT LEAST NINETY PERCENT OF THE QUALIFIED CONTRIBUTIONS RECEIVED DURING THE CALENDAR YEAR AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS DURING SUCH MONTHS TO ASSIST PUBLIC SCHOOLS OR PUBLIC SCHOOL DISTRICTS LOCATED IN THIS STATE IN THEIR PROVISION OF EDUCATIONAL PROGRAMS, EITHER BY MAKING CONTRIBUTIONS TO ONE OR MORE PUBLIC SCHOOLS OR PUBLIC SCHOOL DISTRICTS LOCATED IN THIS STATE OR PROVIDING EDUCATIONAL PROGRAMS TO, OR IN CONJUNCTION WITH, ONE OR MORE PUBLIC SCHOOLS OR PUBLIC SCHOOL DISTRICTS LOCATED IN THIS STATE; (C) DEPOSITS AND HOLDS QUALIFIED CONTRIBUTIONS AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS IN AN S. 2006--A 31 A. 3006--A ACCOUNT THAT IS SEPARATE FROM THE ORGANIZATION'S OPERATING OR OTHER FUNDS UNTIL SUCH QUALIFIED CONTRIBUTIONS OR INCOME ARE WITHDRAWN FOR USE; AND (D) IS APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTICLE. SUCH TERM INCLUDES A PRE-KINDERGARTEN PROGRAM OR NOT-FOR- PROFIT ENTITY THAT ALLOWS THE TAXPAYER TO CHOOSE TO DONATE TO A PROGRAM, PROJECT OR INITIATIVE FOR USE IN A PUBLIC SCHOOL. S 1211. APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. 1. PUBLIC SCHOOLS AND PUBLIC SCHOOL DISTRICTS. ALL PUBLIC SCHOOLS AND PUBLIC SCHOOL DISTRICTS SHALL BE APPROVED TO ISSUE CERTIFICATES OF RECEIPT FOR QUALI- FIED CONTRIBUTIONS IN ACCORDANCE WITH SECTION FORTY-TWO OF THE TAX LAW, PROVIDED, THAT SUCH PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT SHALL NOT BE APPROVED IF EITHER: (A) SUCH PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT FAILS TO DEPOSIT AND HOLD QUALIFIED CONTRIBUTIONS AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS IN AN ACCOUNT THAT IS SEPARATE FROM THE SCHOOL OR SCHOOL DISTRICT'S OPERATING OR OTHER FUNDS UNTIL SUCH QUALI- FIED CONTRIBUTIONS OR INCOME ARE WITHDRAWN FOR USE; OR (B) THE COMMIS- SIONER HAS REVOKED SUCH APPROVAL FOR SUCH PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT PURSUANT TO SECTION TWELVE HUNDRED FOURTEEN OF THIS ARTICLE. 2. SCHOOL IMPROVEMENT ORGANIZATIONS, EDUCATIONAL SCHOLARSHIP ORGANIZA- TIONS AND LOCAL EDUCATION FUNDS. NO SCHOOL IMPROVEMENT ORGANIZATION, EDUCATIONAL SCHOLARSHIP ORGANIZATION OR LOCAL EDUCATION FUND SHALL ISSUE ANY CERTIFICATES OF RECEIPT WITHOUT FILING AN APPLICATION PURSUANT TO SECTION TWELVE HUNDRED TWELVE OF THIS ARTICLE AND RECEIVING APPROVAL PURSUANT TO SECTION TWELVE HUNDRED THIRTEEN OF THIS ARTICLE. S 1212. APPLICATIONS FOR APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. EACH SCHOOL IMPROVEMENT ORGANIZATION, EDUCATIONAL SCHOLARSHIP ORGANIZA- TION AND LOCAL EDUCATION FUND SHALL SUBMIT AN APPLICATION TO THE COMMIS- SIONER FOR APPROVAL TO ISSUE CERTIFICATES OF RECEIPT IN THE FORM AND MANNER PRESCRIBED BY THE COMMISSIONER, PROVIDED THAT SUCH APPLICATION SHALL INCLUDE: (A) SUBMISSION OF DOCUMENTATION THAT SUCH SCHOOL IMPROVE- MENT ORGANIZATION, LOCAL EDUCATION FUND OR EDUCATIONAL SCHOLARSHIP ORGANIZATION HAS BEEN GRANTED EXEMPTION FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION (C) OF SECTION FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE; (B) A LIST OF NAMES AND ADDRESSES OF ALL MEMBERS OF THE GOVERNING BOARD OF THE SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND OR EDUCATIONAL SCHOLARSHIP ORGANIZATION; AND (C) AN EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL PROVIDE CRITERIA FOR THE AWARDING OF SCHOLARSHIPS TO ELIGIBLE STUDENTS. S 1213. APPLICATION APPROVAL FOR CERTIFICATES OF RECEIPT. 1. IN GENER- AL. THE COMMISSIONER SHALL REVIEW EACH APPLICATION TO ISSUE CERTIF- ICATES OF RECEIPT PURSUANT TO THIS ARTICLE. THE COMMISSIONER SHALL PUBLISH CRITERIA USED TO DETERMINE SELECTION AND ESTABLISH AN APPEALS PROCESS FOR APPLICATIONS THAT ARE NOT APPROVED. 2. NOTIFICATION. APPLICANTS SHALL BE NOTIFIED OF THE COMMISSIONER'S DETERMINATION WITHIN FIVE BUSINESS DAYS OF THE DETERMINATION. S 1214. REVOCATION OF APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF TAXATION AND FINANCE, MAY REVOKE THE APPROVAL OF A SCHOOL IMPROVEMENT ORGANIZATION, EDUCATIONAL SCHOLARSHIP ORGANIZATION, LOCAL EDUCATION FUND, PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT TO ISSUE CERTIFICATES OF RECEIPT UPON A FINDING THAT SUCH ORGANIZATION, FUND, SCHOOL OR SCHOOL DISTRICT HAS VIOLATED THIS ARTICLE OR SECTION FORTY-TWO OF THE TAX LAW. THESE VIOLATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY OF THE FOLLOWING: (A) FAILURE TO MEET THE REQUIREMENTS OF THIS ARTICLE OR SECTION FORTY-TWO OF THE TAX LAW; (B) THE FAILURE TO MAINTAIN FULL AND ADEQUATE RECORDS WITH RESPECT TO THE RECEIPT OF QUALIFIED CONTRIBUTIONS; (C) THE S. 2006--A 32 A. 3006--A FAILURE TO SUPPLY SUCH RECORDS TO THE COMMISSIONER, DEPARTMENT OF TAXA- TION AND FINANCE, OR THE DEPARTMENT WHEN REQUESTED; OR (D) THE FAILURE TO PROVIDE NOTICE TO THE DEPARTMENT OF TAXATION AND FINANCE OF THE ISSU- ANCE OR NON-ISSUANCE OF CERTIFICATES OF RECEIPT PURSUANT TO SECTION FORTY-TWO OF THE TAX LAW; PROVIDED, HOWEVER, THAT THE COMMISSIONER SHALL NOT REVOKE APPROVAL PURSUANT TO THIS SECTION BASED UPON A VIOLATION OF TAX LAW UNLESS THE COMMISSIONER OF TAXATION AND FINANCE AGREES THAT REVOCATION IS WARRANTED; AND PROVIDED FURTHER THAT THE COMMISSIONER SHALL NOT REVOKE APPROVAL PURSUANT TO THIS SECTION WHEN THE FAILURE TO COMPLY IS DUE TO CLERICAL ERROR AND NOT NEGLIGENCE OR INTENTIONAL DISRE- GARD FOR THE LAW. WITHIN FIVE DAYS OF THE DETERMINATION REVOKING APPROVAL, THE COMMISSIONER SHALL PROVIDE NOTICE OF SUCH REVOCATION TO THE EDUCATIONAL SCHOLARSHIP ORGANIZATION, SCHOOL IMPROVEMENT ORGANIZA- TION, LOCAL EDUCATION FUND, PUBLIC SCHOOL, OR PUBLIC SCHOOL DISTRICT AND TO THE DEPARTMENT OF TAXATION AND FINANCE. THE COMMISSIONER SHALL ESTAB- LISH AN APPEALS PROCESS FOR DETERMINATIONS REVOKING APPROVALS. S 1215. REPORTING AND RECORDKEEPING. 1. REPORTING. EACH EDUCATIONAL SCHOLARSHIP ORGANIZATION, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCA- TION FUND, PUBLIC SCHOOL AND PUBLIC SCHOOL DISTRICT THAT RECEIVES QUALI- FIED CONTRIBUTIONS SHALL REPORT TO THE COMMISSIONER AND THE DEPARTMENT OF TAXATION AND FINANCE BY JANUARY THIRTY-FIRST OF EACH CALENDAR YEAR. SUCH REPORT SHALL BE IN THE FORM AND MANNER PRESCRIBED BY THE COMMIS- SIONER IN CONSULTATION WITH THE COMMISSIONER OF TAXATION AND FINANCE. 2. RECORDKEEPING. EACH EDUCATIONAL SCHOLARSHIP ORGANIZATION, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, PUBLIC SCHOOL AND PUBLIC SCHOOL DISTRICT THAT ISSUED AT LEAST ONE CERTIFICATE OF RECEIPT SHALL MAINTAIN RECORDS INCLUDING: (A) NOTIFICATIONS RECEIVED FROM THE DEPART- MENT OF TAXATION AND FINANCE; (B) NOTIFICATIONS MADE TO THE DEPARTMENT OF TAXATION AND FINANCE; (C) COPIES OF QUALIFIED CONTRIBUTIONS RECEIVED; (D) COPIES OF THE DEPOSIT OF SUCH QUALIFIED CONTRIBUTIONS; (E) COPIES OF ISSUED CERTIFICATES OF RECEIPT; (F) ANNUAL FINANCIAL STATEMENTS; (G) IN THE CASE OF SCHOOL IMPROVEMENT ORGANIZATIONS, EDUCATIONAL SCHOLARSHIP ORGANIZATIONS AND LOCAL EDUCATION FUNDS, THE APPLICATION SUBMITTED PURSUANT TO SECTION TWELVE HUNDRED TWELVE OF THIS ARTICLE AND THE APPROVAL ISSUED BY THE COMMISSIONER; AND (H) ANY OTHER INFORMATION PRESCRIBED BY THE COMMISSIONER. SUCH RECORDS SHALL BE MAINTAINED BY THE ENTITY OR ORGANIZATION FOR FIVE YEARS. S 1216. JOINT ANNUAL REPORT. ON OR BEFORE THE LAST DAY OF MAY FOR EACH CALENDAR YEAR, THE COMMISSIONER OF TAXATION AND FINANCE AND THE COMMIS- SIONER, JOINTLY, SHALL SUBMIT A WRITTEN REPORT AS PROVIDED IN SUBDIVI- SION (K) OF SECTION FORTY-TWO OF THE TAX LAW. S 1217. COMMISSIONER; POWERS. THE COMMISSIONER SHALL PROMULGATE ON AN EMERGENCY BASIS REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION. THE COMMISSIONER SHALL MAKE ANY APPLICATION REQUIRED TO BE FILED PURSUANT TO THIS ARTICLE AVAILABLE TO APPLICANTS WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE. S 3. The education law is amended by adding a new section 1503-a to read as follows: S 1503-A. POWER TO ACCEPT AND SOLICIT GIFTS AND DONATIONS. 1. THE TRUSTEES OR BOARDS OF EDUCATION OF ALL SCHOOL DISTRICTS ORGANIZED BY SPECIAL LAWS OR PURSUANT TO THE PROVISIONS OF A GENERAL LAW ARE HEREBY AUTHORIZED AND EMPOWERED TO ACCEPT GIFTS, DONATIONS, AND CONTRIBUTIONS TO THE DISTRICT AND TO SOLICIT THE SAME. 2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY OTHER GENERAL OR SPECIAL LAW TO THE CONTRARY, THE RECEIPT OF SUCH GIFTS, DONATIONS AND CONTRIBUTIONS MADE PURSUANT TO ARTICLE TWENTY-FIVE OF THIS S. 2006--A 33 A. 3006--A CHAPTER, AND ANY INCOME DERIVED THEREFROM, SHALL BE DISREGARDED FOR THE PURPOSES OF ALL APPORTIONMENTS, COMPUTATIONS, AND DETERMINATIONS OF STATE AID. S 4. The tax law is amended by adding a new section 42 to read as follows: S 42. EDUCATION TAX CREDIT. (A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS HAVE THE SAME DEFINITION AS IN SECTION TWELVE HUNDRED TEN OF THE EDUCATION LAW: "AUTHORIZED CONTRIBUTION", "CONTRIBUTION", "EDUCATIONAL PROGRAM", "EDUCATIONAL SCHOLARSHIP ORGAN- IZATION", "ELIGIBLE PUPIL", "LOCAL EDUCATION FUND", "NON-PUBLIC SCHOOL", "PUBLIC EDUCATION ENTITY", "PUBLIC SCHOOL", "QUALIFIED CONTRIBUTION", "QUALIFIED SCHOOL", "SCHOLARSHIP", AND "SCHOOL IMPROVEMENT ORGANIZA- TION". (B) ALLOWANCE OF CREDIT. A TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAPTER SHALL BE ALLOWED AN EDUCATION TAX CREDIT AGAINST SUCH TAX, PURSUANT TO THE PROVISIONS REFERENCED IN SUBDI- VISION (1) OF THIS SECTION, WITH RESPECT TO QUALIFIED CONTRIBUTIONS MADE DURING THE TAXABLE YEAR. (C) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE THE LESSER OF SEVENTY-FIVE PERCENT OF THE TAXPAYER'S TOTAL QUALIFIED CONTRIBUTIONS OR ONE MILLION DOLLARS. IF THE TAXPAYER IS A PARTNER IN A PARTNERSHIP OR SHAREHOLDER OF A NEW YORK S CORPORATION, THEN THE CAP IMPOSED BY THE PRECEDING SENTENCE SHALL BE APPLIED AT THE ENTITY LEVEL, SO THAT THE AGGREGATE CREDIT ALLOWED TO ALL THE PARTNERS OR SHAREHOLDERS OF EACH SUCH ENTITY IN THE TAXABLE YEAR DOES NOT EXCEED ONE MILLION DOLLARS. (D) INFORMATION TO BE POSTED ON THE DEPARTMENT'S WEBSITE. BEGINNING ON THE SIXTEENTH DAY OF JANUARY OF EACH YEAR, THE COMMISSIONER SHALL MAIN- TAIN ON THE DEPARTMENT'S WEBSITE A RUNNING TOTAL OF THE AMOUNT OF AVAIL- ABLE CREDIT FOR WHICH TAXPAYERS MAY APPLY PURSUANT TO THIS SECTION. ADDITIONALLY, THE COMMISSIONER SHALL MAINTAIN ON THE DEPARTMENT'S WEBSITE A LIST OF THE SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO ARTICLE TWENTY-FIVE OF THE EDUCATION LAW. THE COMMISSIONER SHALL ALSO MAINTAIN ON THE DEPARTMENT'S WEBSITE A LIST OF PUBLIC EDUCATION ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS WHOSE APPROVAL TO ISSUE CERTIFICATES OF RECEIPT HAS BEEN REVOKED ALONG WITH THE DATE OF SUCH REVOCATION. (E) APPLICATIONS FOR CONTRIBUTION AUTHORIZATION CERTIFICATES. PRIOR TO MAKING A CONTRIBUTION TO A PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZA- TION, THE TAXPAYER SHALL APPLY TO THE DEPARTMENT FOR A CONTRIBUTION AUTHORIZATION CERTIFICATE FOR SUCH CONTRIBUTION. SUCH APPLICATION SHALL BE IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT MAY ALLOW TAXPAYERS TO MAKE MULTIPLE APPLICATIONS ON THE SAME FORM, PROVIDED THAT EACH CONTRIBUTION LISTED ON SUCH APPLICATION SHALL BE TREATED AS A SEPARATE APPLICATION AND THAT THE DEPARTMENT SHALL ISSUE SEPARATE CONTRIBUTION AUTHORIZATION CERTIFICATES FOR EACH SUCH APPLICA- TION. (F) CONTRIBUTION AUTHORIZATION CERTIFICATES. 1. ISSUANCE OF CERTIF- ICATES. THE COMMISSIONER SHALL ISSUE CONTRIBUTION AUTHORIZATION CERTIF- ICATES IN TWO PHASES. IN PHASE ONE, WHICH BEGINS ON THE FIRST DAY OF JANUARY AND ENDS ON THE FIFTEENTH DAY OF JANUARY, THE COMMISSIONER SHALL ACCEPT APPLICATIONS FOR CONTRIBUTION AUTHORIZATION CERTIFICATES BUT SHALL NOT ISSUE ANY SUCH CERTIFICATES. COMMENCING AFTER THE SIXTEENTH DAY OF JANUARY, THE COMMISSIONER SHALL ISSUE CONTRIBUTION AUTHORIZATION S. 2006--A 34 A. 3006--A CERTIFICATES FOR APPLICATIONS RECEIVED DURING PHASE ONE, PROVIDED THAT IF THE AGGREGATE TOTAL OF THE CONTRIBUTIONS FOR WHICH APPLICATIONS HAVE BEEN RECEIVED DURING PHASE ONE EXCEEDS THE AMOUNT OF THE CREDIT CAP IN SUBDIVISION (H) OF THIS SECTION, THE AUTHORIZED CONTRIBUTION AMOUNT LISTED ON EACH CONTRIBUTION AUTHORIZATION CERTIFICATE SHALL EQUAL THE PRO-RATA SHARE OF THE CREDIT CAP. IF THE CREDIT CAP IS NOT EXCEEDED, PHASE TWO COMMENCES ON JANUARY SIXTEENTH AND ENDS ON NOVEMBER FIRST. THE COMMISSIONER SHALL ISSUE CONTRIBUTION AUTHORIZATION CERTIFICATES ON A FIRST-COME FIRST SERVE BASIS BASED UPON THE DATE THE DEPARTMENT RECEIVED THE TAXPAYER'S APPLICATION FOR SUCH CERTIFICATE; PROVIDED, HOWEVER, THAT IF ON ANY DAY THE DEPARTMENT RECEIVES APPLICATIONS REQUESTING CONTRIB- UTION AUTHORIZATION CERTIFICATES FOR CONTRIBUTIONS THAT IN THE AGGREGATE EXCEED THE AMOUNT OF THE REMAINING AVAILABLE CREDIT ON SUCH DAY, THE AUTHORIZED CONTRIBUTION AMOUNT LISTED IN EACH CONTRIBUTION AUTHORIZATION CERTIFICATE SHALL BE THE TAXPAYER'S PRO-RATA SHARE OF THE REMAINING AVAILABLE CREDIT. FOR PURPOSES OF DETERMINING A TAXPAYER'S PRO-RATA SHARE OF REMAINING AVAILABLE CREDIT, THE COMMISSIONER SHALL MULTIPLY THE AMOUNT OF REMAINING AVAILABLE CREDIT BY A FRACTION, THE NUMERATOR OF WHICH EQUALS THE TOTAL CONTRIBUTION AMOUNT LISTED ON THE TAXPAYER'S APPLICATION AND THE DENOMINATOR OF WHICH EQUALS THE AGGREGATE AMOUNT OF CONTRIBUTIONS LISTED ON THE APPLICATIONS FOR CONTRIBUTION AUTHORIZATION CERTIFICATES RECEIVED ON SUCH DAY. CONTRIBUTION AUTHORIZATION CERTIF- ICATES FOR APPLICATIONS RECEIVED DURING PHASE ONE SHALL BE MAILED NO LATER THAN THE FIFTH DAY OF FEBRUARY. CONTRIBUTION AUTHORIZATION CERTIF- ICATES FOR APPLICATIONS RECEIVED DURING PHASE TWO SHALL BE MAILED WITHIN TWENTY DAYS OF RECEIPT OF SUCH APPLICATIONS. PROVIDED, HOWEVER, THAT NO CONTRIBUTION AUTHORIZATION CERTIFICATES FOR APPLICATIONS RECEIVED DURING PHASE TWO SHALL BE ISSUED UNTIL ALL OF THE CONTRIBUTION AUTHORIZATION CERTIFICATES FOR APPLICATIONS RECEIVED DURING PHASE ONE HAVE BEEN ISSUED. 2. CONTRIBUTION AUTHORIZATION CERTIFICATE CONTENTS. EACH CONTRIBUTION AUTHORIZATION CERTIFICATE SHALL STATE: (I) THE DATE SUCH CERTIFICATE WAS ISSUED; (II) THE DATE BY WHICH THE AUTHORIZED CONTRIBUTIONS LISTED IN THE CERTIFICATE MUST BE MADE, WHICH SHALL BE NO LATER THAN NOVEMBER THIRTIETH OF THE YEAR FOR WHICH THE CONTRIBUTION AUTHORIZATION CERTIF- ICATE WAS ISSUED; (III) THE TAXPAYER'S NAME AND ADDRESS; (IV) THE AMOUNT OF AUTHORIZED CONTRIBUTIONS; (V) THE CONTRIBUTION AUTHORIZATION CERTIF- ICATE'S CERTIFICATE NUMBER; (VI) THE NAME AND ADDRESS OF THE PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND OR EDUCATIONAL SCHOLARSHIP ORGANIZATION FOR WHICH THE TAXPAYER MAY MAKE THE AUTHORIZED CONTRIBUTION; AND (VII) ANY OTHER INFORMATION THAT THE COMMISSIONER DEEMS NECESSARY. 3. NOTIFICATION OF THE ISSUANCE OF A CONTRIBUTION AUTHORIZATION CERTIFICATE. UPON ISSUANCE OF A CONTRIBUTION AUTHORIZATION CERTIFICATE, THE COMMISSIONER SHALL NOTIFY THE EDUCATIONAL SCHOLARSHIP ORGANIZATION, PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION OR LOCAL EDUCA- TION FUND OF THE ISSUANCE OF THE CONTRIBUTION AUTHORIZATION CERTIFICATE TO A TAXPAYER. SUCH NOTIFICATION SHALL INCLUDE: (I) THE TAXPAYER'S NAME AND ADDRESS; (II) THE DATE SUCH CERTIFICATE WAS ISSUED; (III) THE DATE BY WHICH THE AUTHORIZED CONTRIBUTION LISTED IN THE NOTIFICATION MUST BE MADE BY THE TAXPAYER; (IV) THE AMOUNT OF THE AUTHORIZED CONTRIBUTION; (V) CONTRIBUTION AUTHORIZATION CERTIFICATE; AND (VI) ANY OTHER INFORMA- TION THAT THE COMMISSIONER DEEMS NECESSARY. (G) CERTIFICATE OF RECEIPT. 1. IN GENERAL. NO PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL ISSUE A CERTIFICATE OF RECEIPT FOR ANY S. 2006--A 35 A. 3006--A CONTRIBUTION MADE BY A TAXPAYER UNLESS SUCH PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION HAS BEEN APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO ARTICLE TWENTY-FIVE OF THE EDUCATION LAW. NO PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL ISSUE A CERTIFICATE OF RECEIPT FOR A CONTRIBUTION MADE BY A TAXPAYER UNLESS SUCH PUBLIC EDUCA- TION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION HAS RECEIVED NOTICE FROM THE DEPARTMENT THAT THE DEPARTMENT ISSUED A CREDIT AUTHORIZATION CERTIFICATE TO THE TAXPAYER FOR SUCH CONTRIBUTION. 2. TIMELY CONTRIBUTION. IF A TAXPAYER MAKES AN AUTHORIZED CONTRIBUTION TO THE PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SET FORTH ON THE AUTHORIZATION CERTIFICATE ISSUED TO THE TAXPAYER NO LATER THAN THE DATE BY WHICH SUCH AUTHORIZED CONTRIBUTION IS REQUIRED TO BE MADE, SUCH PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCA- TION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL, WITHIN THIRTY DAYS OF RECEIPT OF THE AUTHORIZED CONTRIBUTION, ISSUE TO THE TAXPAYER A WRITTEN CERTIFICATE OF RECEIPT; PROVIDED, HOWEVER, THAT IF THE TAXPAYER CONTRIBUTES AN AMOUNT THAT IS LESS THAN THE AMOUNT LISTED ON THE TAXPAY- ER'S CONTRIBUTION AUTHORIZATION CERTIFICATE, THE TAXPAYER SHALL NOT BE ISSUED A CERTIFICATE OF RECEIPT FOR SUCH CONTRIBUTION. 3. CERTIFICATE OF RECEIPT CONTENTS. EACH CERTIFICATE OF RECEIPT SHALL STATE: (I) THE NAME AND ADDRESS OF THE ISSUING PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION; (II) THE TAXPAYER'S NAME AND ADDRESS; (III) THE DATE FOR EACH CONTRIBUTION; (IV) THE AMOUNT OF EACH CONTRIBUTION AND THE CORRESPONDING CONTRIBUTION AUTHORIZATION CERTIFICATE NUMBER; (V) THE TOTAL AMOUNT OF CONTRIBUTIONS; AND (VI) ANY OTHER INFORMATION THAT THE COMMISSIONER DEEMS NECESSARY. 4. NOTIFICATION TO THE DEPARTMENT FOR THE ISSUANCE OF A CERTIFICATE OF RECEIPT. UPON THE ISSUANCE OF A CERTIFICATE OF RECEIPT, THE ISSUING PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCA- TION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL, WITHIN THIRTY DAYS OF ISSUING THE CERTIFICATE OF RECEIPT, PROVIDE THE DEPARTMENT WITH NOTIFICATION OF THE ISSUANCE OF SUCH CERTIFICATE IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT. 5. NOTIFICATION TO THE DEPARTMENT OF THE NON-ISSUANCE OF A CERTIFICATE OF RECEIPT. EACH PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZA- TION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION THAT RECEIVED NOTIFICATION FROM THE DEPARTMENT PURSUANT TO SUBDIVISION (D) OF THIS SECTION REGARDING THE ISSUANCE OF A CONTRIBUTION AUTHORIZATION CERTIFICATE TO A TAXPAYER SHALL, WITHIN THIRTY DAYS OF THE EXPIRATION DATE FOR SUCH AUTHORIZED CONTRIBUTION, PROVIDE NOTIFICATION TO THE DEPARTMENT FOR EACH TAXPAYER THAT FAILED TO MAKE THE AUTHORIZED CONTRIB- UTION TO SUCH PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT. 6. FAILURE TO NOTIFY THE DEPARTMENT. WITHIN THIRTY DAYS OF DISCOVERY OF THE FAILURE OF ANY PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGAN- IZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION TO COMPLY WITH THE NOTIFICATION REQUIREMENTS PRESCRIBED BY PARAGRAPHS FOUR AND FIVE OF THIS SUBDIVISION, THE COMMISSIONER SHALL ISSUE A NOTICE OF COMPLIANCE FAILURE TO SUCH ENTITY, PROGRAM FUND OR ORGANIZATION. SUCH ENTITY, PROGRAM FUND OR ORGANIZATION SHALL HAVE THIRTY DAYS FROM THE S. 2006--A 36 A. 3006--A DATE OF SUCH NOTICE TO MAKE THE NOTIFICATIONS PRESCRIBED BY PARAGRAPHS FOUR AND FIVE OF THIS SUBDIVISION. SUCH PERIOD MAY BE EXTENDED FOR AN ADDITIONAL THIRTY DAYS UPON THE REQUEST OF THE ENTITY, PROGRAM FUND OR ORGANIZATION. UPON THE EXPIRATION OF THE PERIOD FOR COMPLIANCE SET FORTH IN THE NOTICE PRESCRIBED BY THIS PARAGRAPH, THE COMMISSIONER SHALL NOTI- FY THE COMMISSIONER OF EDUCATION THAT SUCH ENTITY, PROGRAM FUND OR ORGANIZATION FAILED TO MAKE THE NOTIFICATIONS PRESCRIBED BY PARAGRAPHS FOUR AND FIVE OF THIS SUBDIVISION. (H) CREDIT CAP. THE MAXIMUM PERMITTED CREDITS UNDER THIS SECTION AVAILABLE ANNUALLY TO ALL TAXPAYERS FOR QUALIFIED CONTRIBUTIONS FOR CALENDAR YEAR TWO THOUSAND SIXTEEN AND ALL FOLLOWING YEARS SHALL BE ONE HUNDRED MILLION DOLLARS. THE MAXIMUM PERMITTED CREDITS UNDER THIS SECTION FOR QUALIFIED CONTRIBUTIONS SHALL BE ALLOCATED FIFTY PERCENT TO PUBLIC EDUCATION ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS, AND LOCAL EDUCATION FUNDS AND FIFTY PERCENT TO EDUCATIONAL SCHOLARSHIP ORGANIZA- TIONS. (I) ADDITIONS TO THE CREDIT CAP. UNISSUED CERTIFICATES OF RECEIPT. ANY AMOUNTS FOR WHICH THE DEPARTMENT RECEIVES NOTIFICATION OF NON-ISSUANCE OF A CERTIFICATE OF RECEIPT SHALL BE ADDED TO THE CAP PRESCRIBED IN SUBDIVISION (H) OF THIS SECTION FOR THE IMMEDIATELY FOLLOWING YEAR. (J) OTHER REQUIREMENTS; MISCELLANEOUS. 1. RECORD KEEPING. EACH TAXPAY- ER SHALL, FOR EACH TAXABLE YEAR FOR WHICH THE EDUCATION TAX CREDIT PROVIDED FOR UNDER THIS SECTION IS CLAIMED, MAINTAIN RECORDS OF THE FOLLOWING INFORMATION: (I) CONTRIBUTION AUTHORIZATION CERTIFICATES OBTAINED PURSUANT TO SUBDIVISION (F) OF THIS SECTION, AND (II) CERTIF- ICATES OF RECEIPT OBTAINED PURSUANT TO SUBDIVISION (G) OF THIS SECTION. 2. REGULATIONS. THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE AND ADOPT ON AN EMERGENCY BASIS REGULATIONS NECESSARY FOR THE IMPLEMEN- TATION OF THIS SECTION. (K) JOINT ANNUAL REPORT. ON OR BEFORE THE LAST DAY OF MAY FOR EACH CALENDAR YEAR, FOR THE IMMEDIATELY PRECEDING YEAR, THE COMMISSIONER AND THE COMMISSIONER OF EDUCATION SHALL JOINTLY SUBMIT A WRITTEN REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE REGARDING THE CREDIT. SUCH REPORT SHALL CONTAIN INFORMATION FOR ARTICLES NINE-A AND TWENTY-TWO OF THIS CHAPTER, RESPECTIVELY, REGARDING: (I) THE NUMBER OF APPLICATIONS RECEIVED; (II) THE NUMBER OF AND AGGREGATE VALUE OF THE CONTRIBUTION AUTHORIZATION CERTIFICATES ISSUED FOR CONTRIBUTIONS TO PUBLIC EDUCATION ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS, AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS, RESPECTIVELY; (III) THE GEOGRAPH- ICAL DISTRIBUTION BY COUNTY, TO THE EXTENT FEASIBLE, OF (A) THE APPLICA- TIONS FOR CONTRIBUTION AUTHORIZATION CERTIFICATES, DISTRIBUTION BY THE COUNTY, TO THE EXTENT FEASIBLE, OF (B) THE PUBLIC EDUCATION ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS, AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS LISTED ON THE ISSUED CONTRIBUTION AUTHORI- ZATION CERTIFICATES; AND (IV) INFORMATION, INCLUDING GEOGRAPHICAL DISTRIBUTION BY COUNTY, TO THE EXTENT FEASIBLE, OF THE NUMBER OF ELIGI- BLE PUPILS THAT RECEIVED SCHOLARSHIPS, THE NUMBER OF QUALIFIED SCHOOLS ATTENDED BY ELIGIBLE PUPILS THAT RECEIVED SUCH SCHOLARSHIPS, AND THE AVERAGE VALUE OF SCHOLARSHIPS RECEIVED BY SUCH ELIGIBLE PUPILS. THE COMMISSIONER AND DESIGNATED EMPLOYEES OF THE DEPARTMENT AND THE COMMIS- SIONER OF EDUCATION AND DESIGNATED EMPLOYEES OF THE DEPARTMENT OF EDUCA- TION SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE INFORMATION REGARDING THE SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS THAT APPLIED FOR APPROVAL TO S. 2006--A 37 A. 3006--A BE AUTHORIZED TO RECEIVE QUALIFIED CONTRIBUTIONS; AND THE PUBLIC EDUCA- TION ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS, AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS AUTHORIZED TO ISSUE CERTIF- ICATES OF RECEIPT, INCLUDING INFORMATION CONTAINED IN OR DERIVED FROM APPLICATION FORMS AND REPORTS SUBMITTED TO THE DEPARTMENT OF EDUCATION OR THE COMMISSIONER OF EDUCATION. (L) CROSS REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER: (1) ARTICLE 9-A: SECTION 210-B; SUBDIVISION 50; (2) ARTICLE 22: SECTION 606, SUBSECTION (CCC); S 5. Paragraph (b) of subdivision 9 of section 208 of the tax law is amended by adding a new subparagraph 22 to read as follows: (22) THE AMOUNT OF ANY FEDERAL DEDUCTION FOR CHARITABLE CONTRIBUTIONS ALLOWED UNDER SECTION ONE HUNDRED SEVENTY OF THE INTERNAL REVENUE CODE TO THE EXTENT SUCH CONTRIBUTIONS ARE USED AS THE BASIS OF THE CALCU- LATION OF THE EDUCATION TAX CREDIT ALLOWED UNDER SUBDIVISION FIFTY OF SECTION TWO HUNDRED TEN-B OF THIS ARTICLE. S 6. Section 210-B of the tax law is amended by adding a new subdivi- sion 50 to read as follows: 50. EDUCATION TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION FORTY-TWO OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE. (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR THAT YEAR TO LESS THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. IF THE AMOUNT OF CREDIT ALLOW- ABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX ON THE FIXED DOLLAR MINIMUM THE EXCESS ALLOWED FOR A TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOW- ING YEAR OR YEARS FOR UP TO FIVE YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS. S 7. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law is amended by adding a new clause (xli) to read as follows: (XLI) EDUCATION TAX CREDIT AMOUNT OF CREDIT UNDER UNDER SUBSECTION (CCC) SUBDIVISION FIFTY OF SECTION TWO HUNDRED TEN-B S 8. Section 606 of the tax law is amended by adding a new subsection (ccc) to read as follows: (CCC) EDUCATION TAX CREDIT. ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT TO BE COMPUTED AS PROVIDED IN SECTION FORTY-TWO OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE. IF THE AMOUNT OF CRED- IT ALLOWABLE UNDER THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS ALLOWED FOR A TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS FOR UP TO FIVE YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS. S 9. Subsection (g) of section 615 of the tax law is amended by adding a new paragraph 3 to read as follows: (3) WITH RESPECT TO AN INDIVIDUAL WHO HAS CLAIMED THE EDUCATION TAX CREDIT FOR QUALIFIED CONTRIBUTIONS PURSUANT TO SUBDIVISION (CCC) OF SECTION SIX HUNDRED SIX OF THIS ARTICLE, THE TAXPAYER'S NEW YORK ITEM- IZED DEDUCTION SHALL BE REDUCED BY ANY CHARITABLE CONTRIBUTION DEDUCTION ALLOWED UNDER SECTION ONE HUNDRED SEVENTY OF THE INTERNAL REVENUE CODE WITH RESPECT TO SUCH QUALIFIED CONTRIBUTIONS. S. 2006--A 38 A. 3006--A S 10. Severability. If any provision of this section or the applica- tion thereof to any person or circumstances is held invalid, such inva- lidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be sever- able. S 11. This act shall take effect immediately and shall apply to taxa- ble years beginning on or after January 1, 2016; provided however, notwithstanding the foregoing, this act shall not take effect unless the legislature enacts, by no later than March 31, 2015, a chapter of law identical to legislation submitted by the Governor pursuant to Article VII of the New York Constitution as Part D of legislative bill numbers S.2006 and A.3006 relating to the establishment by the president of the higher education services corporation of an application form and proce- dures that shall allow a student applicant that meets the requirements set forth in subparagraph (ii) of paragraph (a) or subparagraph (ii) of paragraph b of subdivision 5 of section 661 of the education law to apply directly to the higher education services corporation for applica- ble awards without having to submit information to any other state or federal agency. PART F Section 1. The banking law is amended by adding a new section 9-w to read as follows: S 9-W. STANDARD FINANCIAL AID AWARD LETTER. THE SUPERINTENDENT OF FINANCIAL SERVICES IN CONSULTATION WITH THE PRESIDENT OF THE HIGHER EDUCATION SERVICES CORPORATION SHALL DEVELOP A STANDARD FINANCIAL AID AWARD LETTER WHICH SHALL CLEARLY DELINEATE (A) THE ESTIMATED COST OF ATTENDANCE, (B) ALL FINANCIAL AID OFFERED, WITH AN EXPLANATION AS TO WHICH COMPONENTS WILL REQUIRE REPAYMENT, (C) ANY EXPECTED STUDENT AND/OR FAMILY CONTRIBUTION, (D) CAMPUS-SPECIFIC GRADUATION, MEDIAN BORROWING, AND LOAN DEFAULT RATES, AND (E) ANY OTHER INFORMATION AS DETERMINED BY THE SUPERINTENDENT IN CONSULTATION WITH THE PRESIDENT. THE SUPERINTEN- DENT SHALL PUBLISH AND MAKE AVAILABLE SUCH STANDARD LETTER BY DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN AND THEREAFTER. EACH COLLEGE, VOCA- TIONAL INSTITUTION, AND ANY OTHER INSTITUTION THAT OFFERS AN APPROVED PROGRAM AS DEFINED IN SECTION SIX HUNDRED ONE OF THE EDUCATION LAW SHALL UTILIZE THE STANDARD LETTER ISSUED BY THE DEPARTMENT OF FINANCIAL SERVICES IN RESPONDING TO ALL FINANCIAL AID APPLICANTS FOR THE TWO THOU- SAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR AND THEREAFTER. THE SUPERINTENDENT SHALL PROMULGATE REGULATIONS IMPLEMENTING THIS SECTION. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2015. PART G Section 1. Section 7408 of the education law is amended by adding a new subdivision 6 to read as follows: 6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FIRM ESTABLISHED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY PURSUANT TO ARTI- CLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLES ONE AND EIGHT-B OF THE PARTNERSHIP LAW, OR ARTICLES TWELVE AND THIRTEEN OF THE LIMITED LIABILITY COMPANY LAW SHALL BE DEEMED AUTHORIZED TO REGISTER PURSUANT TO THIS SECTION. S. 2006--A 39 A. 3006--A S 2. Section 1503 of the business corporation law is amended by adding a new paragraph (h) to read as follows: (H) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN- SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID- UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, A FIRM INCORPORATED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPO- RATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIF- ICATE OF INCORPORATION A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION. S 3. Section 1507 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE AND WHO ARE OR HAVE BEEN ENGAGED IN THE PRACTICE OF SUCH PROFESSION IN SUCH CORPORATION OR A PREDECESSOR ENTITY, OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES- SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT: (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS. NO SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR- S. 2006--A 40 A. 3006--A PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL ENTER INTO A VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME CORPORATION, THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL OF HIS OR HER SHARES. ALL SHARES ISSUED, AGREEMENTS MADE OR PROXIES GRANTED IN VIOLATION OF THIS SECTION SHALL BE VOID. S 4. Section 1508 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI- NESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI- CLE MAY INCLUDE INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI- CER OR OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF THEIR PROFESSIONS IN SUCH CORPORATION. S 5. Section 1509 of the business corporation law, as amended by chap- ter 550 of the laws of 2011, is amended to read as follows: S 1509. Disqualification of shareholders, directors, officers and employees. If any shareholder, director, officer or employee of a professional service corporation, including a design professional service corpo- ration, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORAT- ING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, who has been rendering professional service to the public becomes legally disqualified to prac- tice his profession within this state, he shall sever all employment with, and financial interests (other than interests as a creditor) in, such corporation forthwith or as otherwise provided in section 1510 of this article. All provisions of law regulating the rendering of profes- sional services by a person elected or appointed to a public office shall be applicable to a shareholder, director, officer and employee of such corporation in the same manner and to the same extent as if fully set forth herein. Such legal disqualification to practice his profession within this state shall be deemed to constitute an irrevocable offer by the disqualified shareholder to sell his shares to the corporation, pursuant to the provisions of section 1510 of this article or of the certificate of incorporation, by-laws or agreement among the corporation and all shareholders, whichever is applicable. Compliance with the terms of such offer shall be specifically enforceable in the courts of this state. A professional service corporation's failure to enforce compli- ance with this provision shall constitute a ground for forfeiture of its certificate of incorporation and its dissolution. S 6. Paragraph (a) of section 1511 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended and new paragraph (c) is added to read as follows: (a) No shareholder of a professional service corporation [or], INCLUD- ING a design professional service corporation, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may sell or transfer his shares in such corporation except to another individual who is eligible to have shares issued to S. 2006--A 41 A. 3006--A him by such corporation or except in trust to another individual who would be eligible to receive shares if he were employed by the corpo- ration. Nothing herein contained shall be construed to prohibit the transfer of shares by operation of law or by court decree. No transfer- ee of shares by operation of law or court decree may vote the shares for any purpose whatsoever except with respect to corporate action under sections 909 and 1001 of this chapter. The restriction in the preceding sentence shall not apply, however, where such transferee would be eligi- ble to have shares issued to him if he were an employee of the corpo- ration and, if there are other shareholders, a majority of such other shareholders shall fail to redeem the shares so transferred, pursuant to section 1510 of this article, within sixty days of receiving written notice of such transfer. Any sale or transfer, except by operation of law or court decree or except for a corporation having only one share- holder, may be made only after the same shall have been approved by the board of directors, or at a shareholders' meeting specially called for such purpose by such proportion, not less than a majority, of the outstanding shares as may be provided in the certificate of incorpo- ration or in the by-laws of such professional service corporation. At such shareholders' meeting the shares held by the shareholder proposing to sell or transfer his shares may not be voted or counted for any purpose, unless all shareholders consent that such shares be voted or counted. The certificate of incorporation or the by-laws of the profes- sional service corporation, or the professional service corporation and the shareholders by private agreement, may provide, in lieu of or in addition to the foregoing provisions, for the alienation of shares and may require the redemption or purchase of such shares by such corpo- ration at prices and in a manner specifically set forth therein. The existence of the restrictions on the sale or transfer of shares, as contained in this article and, if applicable, in the certificate of incorporation, by-laws, stock purchase or stock redemption agreement, shall be noted conspicuously on the face or back of every certificate for shares issued by a professional service corporation. Any sale or transfer in violation of such restrictions shall be void. (C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION. A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE OR REDEEM THE SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE- HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER SUCH TERMINATION, ARE SOLD OR TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO THIS ARTICLE. S 7. Paragraph (a) of section 1512 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended to read as follows: (a) Notwithstanding any other provision of law, the name of a profes- sional service corporation, including a design professional service corporation AND ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR- PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may contain any word which, at the time of incorporation, could be used in the name of a partnership practicing a profession which the corporation is authorized S. 2006--A 42 A. 3006--A to practice, and may not contain any word which could not be used by such a partnership. Provided, however, the name of a professional service corporation may not contain the name of a deceased person unless (1) such person's name was part of the corporate name at the time of such person's death; or (2) such person's name was part of the name of an existing partnership and at least two-thirds of such partnership's partners become sharehold- ers of the corporation. S 8. Section 1514 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE YEARS ON OR BEFORE THE DATE PRESCRIBED BY THE LICENSING AUTHORITY, FURNISH A STATEMENT TO THE LICENSING AUTHORITY LISTING THE NAMES AND RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH CORPORATION AND CERTIFY AS THE DATE OF CERTIFICATION AND AT ALL TIMES OVER THE ENTIRE THREE YEAR PERIOD THAT: (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AND WERE CERTIFIED PUBLIC ACCOUNTANTS. THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC ACCOUNTANT VICE-PRESIDENT AND ATTESTED TO BY THE SECRETARY OR ANY ASSISTANT SECRETARY OF THE CORPORATION. S 9. Paragraph (d) of section 1525 of the business corporation law, as added by chapter 505 of the laws of 1983, is amended to read as follows: (d) "Foreign professional service corporation" means a professional service corporation, whether or not denominated as such, organized under the laws of a jurisdiction other than this state, all of the sharehold- ers, directors and officers of which are authorized and licensed to practice the profession for which such corporation is licensed to do business; except that all shareholders, directors and officers of a foreign professional service corporation which provides health services in this state shall be licensed in this state. NOTWITHSTANDING ANY OTHER PROVISION OF LAW A FOREIGN PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITH- STANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT S. 2006--A 43 A. 3006--A HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTI- FIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 10. The fourteenth undesignated paragraph of section 2 of the part- nership law, as added by chapter 576 of the laws of 1994, is amended to read as follows: "Professional partnership" means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership with- out limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a profes- sional service within this state; except that all partners of a profes- sional partnership that provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medi- cine in this state and all partners of a professional partnership that provides dental services in this state must be licensed pursuant to article 133 of the education law to practice dentistry in this state; [and further] except that all partners of a professional partnership that provides professional engineering, land surveying, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state; AND FURTHER EXCEPT THAT ALL PARTNERS OF A PROFESSIONAL PARTNERSHIP THAT PROVIDES PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDE PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA- TION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE S. 2006--A 44 A. 3006--A OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC- IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 10-a. The fourteenth undesignated paragraph of section 2 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: "Professional partnership" means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership with- out limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a profes- sional service within this state; except that all partners of a profes- sional partnership that provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medi- cine in this state and all partners of a professional partnership that provides dental services in this state must be licensed pursuant to article 133 of the education law to practice dentistry in this state; [and further] except that all partners of a professional partnership that provides professional engineering, land surveying, geologic, archi- tectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state; AND FURTHER EXCEPT THAT ALL PARTNERS OF A PROFESSIONAL PARTNERSHIP THAT PROVIDES PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDE PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA- TION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED S. 2006--A 45 A. 3006--A TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC- IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 11. Subdivision (q) of section 121-1500 of the partnership law, as amended by chapter 554 of the laws of 2013, is amended to read as follows: (q) Each partner of a registered limited liability partnership formed to provide medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in this state and each partner of a registered limited liability partnership formed to provide dental services in this state must be licensed pursuant to arti- cle 133 of the education law to practice dentistry in this state. Each partner of a registered limited liability partnership formed to provide veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil- ity partnership formed to provide professional engineering, land survey- ing, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. Each partner of a registered limited liability partnership formed to provide licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice clin- ical social work in this state. Each partner of a registered limited liability partnership formed to provide creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a registered limited liability partnership formed to provide marriage and family therapy services in this state must be licensed pursuant to arti- cle 163 of the education law to practice marriage and family therapy in this state. Each partner of a registered limited liability partnership formed to provide mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a registered limited liability partnership formed to provide psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a regis- tered limited liability partnership formed to provide applied behavior analysis service in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS S. 2006--A 46 A. 3006--A STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA- TION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC- IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 11-a. Subdivision (q) of section 121-1500 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a registered limited liability partnership formed to provide medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in this state and each partner of a registered limited liability partnership formed to provide dental services in this state must be licensed pursuant to arti- cle 133 of the education law to practice dentistry in this state. Each partner of a registered limited liability partnership formed to provide veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil- ity partnership formed to provide professional engineering, land survey- ing, geological services, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. Each partner of a registered limited liability partnership formed to provide licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice clinical social work in this state. Each part- ner of a registered limited liability partnership formed to provide creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a registered limited liability partnership formed to provide marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. Each partner of a regis- tered limited liability partnership formed to provide mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a registered limited liability partnership formed to provide psychoanalysis services in this state must be licensed pursu- ant to article 163 of the education law to practice psychoanalysis in S. 2006--A 47 A. 3006--A this state. Each partner of a registered limited liability partnership formed to provide applied behavior analysis service in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN- SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID- UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LI- CENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGAT- ED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FORE- GOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNT- ANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPO- RATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 12. Subdivision (q) of section 121-1502 of the partnership law, as amended by chapter 554 of the laws of 2013, is amended to read as follows: (q) Each partner of a foreign limited liability partnership which provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in the state and each partner of a foreign limited liability partnership which provides dental services in the state must be licensed pursuant to article 133 of the education law to practice dentistry in this state. Each partner of a foreign limited liability partnership which provides veterinary service in the state shall be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. Each partner of a foreign limited liability partnership which provides professional engi- neering, land surveying, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. EACH PARTNER OF A FOREIGN REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCI- PAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUN- TANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCA- TION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a foreign limited liability partnership which provides licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. Each partner of a foreign limited liability partnership S. 2006--A 48 A. 3006--A which provides creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice crea- tive arts therapy in this state. Each partner of a foreign limited liability partnership which provides marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. Each partner of a foreign limited liability partnership which provides mental health counseling services in this state must be licensed pursu- ant to article 163 of the education law to practice mental health coun- seling in this state. Each partner of a foreign limited liability part- nership which provides psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a foreign limited liabil- ity partnership which provides applied behavior analysis services in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUN- TANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN- TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 12-a. Subdivision (q) of section 121-1502 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a foreign limited liability partnership which provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in the state and each partner of a foreign limited liability partnership which provides dental services in the state must be licensed pursuant to article 133 of the education law to practice dentistry in this state. Each partner of a foreign limited liability partnership which provides veterinary service in the state shall be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. Each part- ner of a foreign limited liability partnership which provides profes- S. 2006--A 49 A. 3006--A sional engineering, land surveying, geological services, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. EACH PARTNER OF A FOREIGN REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a foreign limited liability partnership which provides licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. Each partner of a foreign limited liability partnership which provides creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a foreign limited liability partnership which provides marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. Each partner of a foreign limited liabil- ity partnership which provides mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a foreign limited liability partnership which provides psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a foreign limited liability partnership which provides applied behavior analysis services in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analy- sis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCA- TION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S. 2006--A 50 A. 3006--A S 13. Subdivision (h) of section 121-101 of the partnership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (h) "Limited partnership" and "domestic limited partnership" mean, unless the context otherwise requires, a partnership (i) formed by two or more persons pursuant to this article or which complies with subdivi- sion (a) of section 121-1202 of this article and (ii) having one or more general partners and one or more limited partners. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART- NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN- TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 14. Subdivision (b) of section 1207 of the limited liability company law, as amended by chapter 554 of the laws of 2013, is amended to read as follows: (b) With respect to a professional service limited liability company formed to provide medical services as such services are defined in arti- cle 131 of the education law, each member of such limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a professional service limited liability company formed to provide dental services as such services are defined in article 133 of the education law, each member of such limited liability company must be licensed pursuant to article 133 of the education law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterinary services as such services are defined in article 135 of the education law, each member of such limited liability company must be licensed pursuant to article 135 of the education law to practice veter- inary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architectural and/or landscape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the S. 2006--A 51 A. 3006--A education law to practice one or more of such professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTI- CLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the education law, each member of such limited liability company shall be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. With respect to a professional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the educa- tion law to practice creative arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a professional service limited liability company formed to provide psychoanalysis services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a professional service limited liability company formed to provide applied behavior analysis services as such services are defined in article 167 of the education law, each member of such limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF ARTICLE 149 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNT- ANTS LICENSED UNDER SECTION 7405 OF ARTICLE 149 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN- TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO S. 2006--A 52 A. 3006--A ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 14-a. Subdivision (b) of section 1207 of the limited liability company law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (b) With respect to a professional service limited liability company formed to provide medical services as such services are defined in arti- cle 131 of the education law, each member of such limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a professional service limited liability company formed to provide dental services as such services are defined in article 133 of the education law, each member of such limited liability company must be licensed pursuant to article 133 of the education law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterinary services as such services are defined in article 135 of the education law, each member of such limited liability company must be licensed pursuant to article 135 of the education law to practice veter- inary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architectural, landscape architectural and/or geological services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the educa- tion law, each member of such limited liability company shall be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. With respect to a profes- sional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice crea- tive arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed S. 2006--A 53 A. 3006--A pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a professional service limited liability company formed to provide psychoanalysis services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a professional service limited liability company formed to provide applied behavior analysis services as such services are defined in article 167 of the education law, each member of such limited liabil- ity company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF ARTICLE 149 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF ARTICLE 149 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN- TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 15. Subdivisions (a) and (f) of section 1301 of the limited liabil- ity company law, subdivision (a) as amended by chapter 554 of the laws of 2013 and subdivision (f) as amended by chapter 170 of the laws of 1996, are amended to read as follows: (a) "Foreign professional service limited liability company" means a professional service limited liability company, whether or not denomi- nated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a profes- sional authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the profes- sional service limited liability company within thirty days of the date such professional becomes a member, or each of whose members and manag- ers, if any, is a professional at least one of such members is author- ized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such S. 2006--A 54 A. 3006--A professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or (ii) authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to, the education law to render a professional service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. With respect to a foreign professional service limited liability company which provides veterinary services as such services are defined in arti- cle 135 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 135 of the education law to practice veterinary medicine. With respect to a foreign professional service limited liability company which provides medical services as such services are defined in article 131 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a foreign professional service limited liability company which provides dental services as such services are defined in article 133 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 133 of the educa- tion law to practice dentistry in this state. With respect to a foreign professional service limited liability company which provides profes- sional engineering, land surveying, architectural and/or landscape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes- sional service limited liability company which provides licensed clin- ical social work services as such services are defined in article 154 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 154 of the education law to practice clinical social work in this state. With respect to a foreign professional service limited liability company which provides creative arts therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. With respect to a foreign professional service limited liability company which provides marriage and family therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. With respect to a foreign professional service limited liability company which provides mental health counseling services as such services are defined in arti- S. 2006--A 55 A. 3006--A cle 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a foreign professional service limited liability company which provides psychoanalysis services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a foreign professional service limited liability company which provides applied behavior analysis services as such services are defined in article 167 of the education law, each member of such foreign professional service limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. (f) "Professional partnership" means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership with- out limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a profes- sional service within this state; except that all partners of a profes- sional partnership that provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medi- cine in this state and all partners of a professional partnership that provides dental services in this state must be licensed pursuant to article 133 of the education law to practice dentistry in this state; except that all partners of a professional partnership that provides S. 2006--A 56 A. 3006--A veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state; and further except that all partners of a professional partnership that provides professional engineering, land surveying, architectural, and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. WITH RESPECT TO A PROFESSIONAL PARTNERSHIP WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUN- TANCY. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL PART- NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFESSIONAL PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 15-a. Subdivisions (a) and (f) of section 1301 of the limited liability company law, as amended by chapter 475 of the laws of 2014, are amended to read as follows: (a) "Foreign professional service limited liability company" means a professional service limited liability company, whether or not denomi- nated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a profes- sional authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the profes- sional service limited liability company within thirty days of the date such professional becomes a member, or each of whose members and manag- ers, if any, is a professional at least one of such members is author- ized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, S. 2006--A 57 A. 3006--A or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or (ii) authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to, the education law to render a professional service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. With respect to a foreign professional service limited liability company which provides veterinary services as such services are defined in arti- cle 135 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 135 of the education law to practice veterinary medicine. With respect to a foreign professional service limited liability company which provides medical services as such services are defined in article 131 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a foreign professional service limited liability company which provides dental services as such services are defined in article 133 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 133 of the educa- tion law to practice dentistry in this state. With respect to a foreign professional service limited liability company which provides profes- sional engineering, land surveying, geologic, architectural and/or land- scape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes- sional service limited liability company which provides licensed clin- ical social work services as such services are defined in article 154 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 154 of the education law to practice clinical social work in this state. With respect to a foreign professional service limited liability company which provides creative arts therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. With respect to a foreign professional service limited liability company which provides marriage and family therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. With respect to a foreign professional service limited liability company which provides mental health counseling services as such services are defined in arti- cle 163 of the education law, each member of such foreign professional S. 2006--A 58 A. 3006--A service limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a foreign professional service limited liability company which provides psychoanalysis services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a foreign professional service limited liability company which provides applied behavior analysis services as such services are defined in article 167 of the education law, each member of such foreign professional service limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC 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 S. 2006--A 59 A. 3006--A 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 ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 16. This act shall take effect immediately; provided, however, that sections ten-a, eleven-a, twelve-a, fourteen-a and fifteen-a of this act shall take effect on the same date as sections 25, 26, 27, 22, and 23, respectively, of chapter 475 of the laws of 2014 take effect. PART H Section 1. The education law is amended by adding a new article 129-B to read as follows: ARTICLE 129-B IMPLEMENTATION BY COLLEGES AND UNIVERSITIES OF SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE, AND STALKING PREVENTION AND RESPONSE POLICIES AND PROCEDURES SECTION 6439. GENERAL PROVISIONS. 6440. DEFINITION OF AFFIRMATIVE CONSENT TO SEXUAL ACTIVITY. 6441. POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY IN SEXUAL VIOLENCE CASES. S. 2006--A 60 A. 3006--A 6442. VICTIM AND SURVIVOR BILL OF RIGHTS. 6443 RESPONSE TO REPORTS. 6444. CAMPUS CLIMATE ASSESSMENTS. 6445. OPTIONS FOR CONFIDENTIAL DISCLOSURE. 6446. STUDENT ONBOARDING AND ONGOING EDUCATION. 6447. PRIVACY IN LEGAL CHALLENGES TO CONDUCT FINDINGS. S 6439. GENERAL PROVISIONS. 1. THE TRUSTEES OR OTHER GOVERNING BOARD OF EACH COLLEGE AND UNIVERSITY CHARTERED BY THE REGENTS OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE AND WHICH MAINTAINS A CAMPUS, UNLESS OTHERWISE PROVIDED, SHALL ADOPT WRITTEN RULES FOR IMPLEMENTING ALL POLI- CIES REQUIRED PURSUANT TO THIS ARTICLE AND FOR THE MAINTENANCE OF PUBLIC ORDER ON COLLEGE CAMPUSES AND OTHER COLLEGE PROPERTY USED FOR EDUCA- TIONAL PURPOSES AND PROVIDE A PROGRAM FOR THE ENFORCEMENT THEREOF. SUCH POLICIES SHALL ALSO APPLY TO CONDUCT THAT HAS A NEXUS TO A COLLEGE OR UNIVERSITY PROGRAM AND/OR TAKES PLACE OUTSIDE OF A COLLEGE OR UNIVERSITY PROPERTY BUT IS IN VIOLATION OF FEDERAL, STATE OR LOCAL LAW. 2. SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE AND STALKING AFFECT THOUSANDS OF COLLEGE AND UNIVERSITY STUDENTS IN NEW YORK STATE AND ACROSS THE NATION. IN ADDITION TO THE TRAUMA CAUSED BY SUCH VIOLENCE, MANY VICTIMS AND SURVIVORS DROP OUT OF SCHOOL, EXPERIENCE DIFFICULTY WORKING, AND SEE PROMISING OPPORTUNITIES CUT SHORT. WHILE IT IS NOT JUST COLLEGE OR UNIVERSITY STUDENTS THAT EXPERIENCE THESE CRIMES, THESE INSTITUTIONS HAVE UNIQUE OPPORTUNITIES TO EDUCATE MEMBERS OF THE COLLEGE COMMUNITY ABOUT THESE CRIMES AND INCIDENTS SO THAT WE CAN BETTER SAFEGUARD STUDENTS. THEREFORE, EACH COLLEGE AND UNIVERSITY MUST DEVELOP AND IMPLEMENT THE POLICIES REQUIRED PURSUANT TO THIS ARTICLE. 3. EACH COLLEGE AND UNIVERSITY SHALL ANNUALLY FILE WITH THE DEPARTMENT ON OR BEFORE THE FIRST DAY OF JULY A CERTIFICATE OF COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE. 4. IF A COLLEGE OR UNIVERSITY FAILS TO FILE A CERTIFICATE OF COMPLI- ANCE PURSUANT TO SUBDIVISION THREE OF THIS SECTION WITHIN SIXTY DAYS OF THE TIME REQUIRED, SUCH COLLEGE OR UNIVERSITY SHALL NOT BE ELIGIBLE TO RECEIVE ANY STATE AID OR ASSISTANCE UNTIL SUCH CERTIFICATE OF COMPLIANCE IS DULY FILED. 5. EACH COLLEGE AND UNIVERSITY SHALL FILE A COPY OF ALL WRITTEN RULES AND POLICIES ADOPTED AS REQUIRED IN THIS ARTICLE WITH THE DEPARTMENT ON OR BEFORE THE FIRST DAY OF JULY, TWO THOUSAND SIXTEEN, AND ONCE EVERY TEN YEARS THEREAFTER, EXCEPT THAT THE SECOND FILING SHALL COINCIDE WITH THE REQUIRED FILING UNDER ARTICLE ONE HUNDRED TWENTY-NINE-A OF THIS CHAPTER, AND CONTINUE ON THE SAME CYCLE THEREAFTER. 6. A COPY OF SUCH RULES AND POLICIES SHALL BE GIVEN BY EACH COLLEGE AND UNIVERSITY TO ALL STUDENTS ENROLLED IN SAID COLLEGE OR UNIVERSITY. EACH COLLEGE AND UNIVERSITY SHALL ALSO POST SUCH RULES AND POLICIES ON ITS WEBSITE IN AN EASILY ACCESSIBLE MANNER TO THE PUBLIC. 7. COLLEGES AND UNIVERSITIES SHALL REFER TO APPLICABLE STATE AND FEDERAL LAW, REGULATIONS AND POLICY GUIDANCE IN DEVELOPING AND IMPLE- MENTING THE POLICIES REQUIRED PURSUANT TO THIS ARTICLE, INCLUDING REFER- ENCE TO STATE AND FEDERAL DEFINITIONS OF TERMS NOT SPECIFICALLY DEFINED HEREIN. S 6440. DEFINITION OF AFFIRMATIVE CONSENT TO SEXUAL ACTIVITY. EACH COLLEGE AND UNIVERSITY SHALL ADOPT A UNIFORM DEFINITION OF AFFIRMATIVE CONSENT IN THEIR CODE OF STUDENT CONDUCT OR SIMILAR DOCUMENT GOVERNING STUDENT BEHAVIOR. THIS DEFINITION SHALL STATE THAT "AFFIRMATIVE CONSENT IS A CLEAR, UNAMBIGUOUS, KNOWING, INFORMED, AND VOLUNTARY AGREEMENT BETWEEN ALL PARTICIPANTS TO ENGAGE IN SEXUAL ACTIVITY. CONSENT IS ACTIVE, NOT PASSIVE. SILENCE OR LACK OF RESISTANCE CANNOT BE INTERPRETED S. 2006--A 61 A. 3006--A AS CONSENT. SEEKING AND HAVING CONSENT ACCEPTED IS THE RESPONSIBILITY OF THE PERSON(S) INITIATING EACH SPECIFIC SEXUAL ACT REGARDLESS OF WHETHER THE PERSON INITIATING THE ACT IS UNDER THE INFLUENCE OF DRUGS AND/OR ALCOHOL. CONSENT TO ANY SEXUAL ACT OR PRIOR CONSENSUAL SEXUAL ACTIVITY BETWEEN OR WITH ANY PARTY DOES NOT CONSTITUTE CONSENT TO ANY OTHER SEXU- AL ACT. THE DEFINITION OF CONSENT DOES NOT VARY BASED UPON A PARTIC- IPANT'S SEX, SEXUAL ORIENTATION, GENDER IDENTITY OR GENDER EXPRESSION. CONSENT MAY BE INITIALLY GIVEN BUT WITHDRAWN AT ANY TIME. WHEN CONSENT IS WITHDRAWN OR CANNOT BE GIVEN, SEXUAL ACTIVITY MUST STOP. CONSENT CANNOT BE GIVEN WHEN A PERSON IS INCAPACITATED. INCAPACITATION OCCURS WHEN AN INDIVIDUAL LACKS THE ABILITY TO FULLY AND KNOWINGLY CHOOSE TO PARTICIPATE IN SEXUAL ACTIVITY. INCAPACITATION INCLUDES IMPAIRMENT DUE TO DRUGS OR ALCOHOL (WHETHER SUCH USE IS VOLUNTARY OR INVOLUNTARY), THE LACK OF CONSCIOUSNESS OR BEING ASLEEP, BEING INVOLUNTARILY RESTRAINED, IF ANY OF THE PARTIES ARE UNDER THE AGE OF 17, OR IF AN INDIVIDUAL OTHERWISE CANNOT CONSENT. CONSENT CANNOT BE GIVEN WHEN IT IS THE RESULT OF ANY COERCION, INTIMIDATION, FORCE, OR THREAT OF HARM." S 6441. POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY IN SEXUAL VIOLENCE CASES. 1. A BYSTANDER WHO REPORTS IN GOOD FAITH OR A VICTIM REPORTING SEXUAL VIOLENCE TO COLLEGE OR UNIVERSITY OFFICIALS OR LAW ENFORCEMENT SHALL NOT BE SUBJECT TO CAMPUS CONDUCT ACTION FOR VIOLATIONS OF ALCOHOL AND DRUG USE POLICIES OCCURRING AT OR NEAR THE TIME OF THE INCIDENT. EACH COLLEGE AND UNIVERSITY SHALL ADOPT AND IMPLEMENT THE FOLLOWING POLICY: "THE HEALTH AND SAFETY OF EVERY STUDENT AT THE (COLLEGE/UNIVERSITY) IS OF UTMOST IMPORTANCE. (COLLEGE/UNIVERSITY) RECOGNIZES THAT STUDENTS WHO HAVE BEEN DRINKING AND/OR USING DRUGS (WHETHER SUCH USE IS VOLUNTARY OR INVOLUNTARY) AT THE TIME A SEXUAL VIOLENCE INCIDENT OCCURS MAY BE HESITANT TO REPORT SUCH INCIDENTS DUE TO FEAR OF POTENTIAL CONSEQUENCES FOR THEIR OWN CONDUCT. (COLLEGE/UNIVERSITY) STRONGLY ENCOURAGES STUDENTS TO REPORT INCIDENTS OF SEXUAL VIOLENCE TO CAMPUS OFFICIALS. A BYSTANDER REPORTING IN GOOD FAITH OR A VICTIM/SURVIVOR REPORTING A SEXUAL VIOLENCE INCIDENT TO (COLLEGE/UNIVERSITY) OFFICIALS OR LAW ENFORCEMENT WILL NOT BE SUBJECT TO CAMPUS CONDUCT ACTION FOR VIOLATIONS OF ALCOHOL AND/OR DRUG USE POLICIES OCCURRING AT OR NEAR THE TIME OF THE SEXUAL VIOLENCE INCIDENT." 2. FOR PURPOSES OF THIS ARTICLE, THE TERM "SEXUAL VIOLENCE" SHALL MEAN PHYSICAL SEXUAL ACTS PERPETRATED AGAINST A PERSON'S WILL OR PERPETRATED WHERE A PERSON IS INCAPABLE OF GIVING CONSENT INCLUDING, BUT NOT LIMITED TO, RAPE, SEXUAL ASSAULT, SEXUAL BATTERY, SEXUAL ABUSE, AND SEXUAL COER- CION. THE TERM "BYSTANDER" SHALL MEAN A PERSON WHO OBSERVES A CRIME, IMPENDING CRIME, CONFLICT, UNACCEPTABLE BEHAVIOR, OR CONDUCT THAT IS IN VIOLATION OF RULES OR POLICIES OF A COLLEGE OR UNIVERSITY. S 6442. VICTIM AND SURVIVOR BILL OF RIGHTS. 1. EACH COLLEGE AND UNIVERSITY SHALL ADOPT A VICTIM AND SURVIVOR BILL OF RIGHTS. THIS BILL OF RIGHTS SHALL STATE THE FOLLOWING: "ALL VICTIMS AND SURVIVORS HAVE THE RIGHT TO: (A) MAKE A REPORT TO LOCAL LAW ENFORCEMENT AND/OR STATE POLICE; (B) HAVE DISCLOSURES OF SEXUAL VIOLENCE TREATED SERIOUSLY; (C) MAKE A DECISION ABOUT WHETHER OR NOT TO DISCLOSE A CRIME OR INCIDENT AND PARTICIPATE IN THE CONDUCT OR CRIMINAL JUSTICE PROCESS FREE FROM OUTSIDE PRESSURES FROM COLLEGE/UNIVERSITY OFFICIALS; (D) BE TREATED WITH DIGNITY AND TO RECEIVE FROM COLLEGE/UNIVERSITY OFFICIALS COURTEOUS, FAIR, AND RESPECTFUL HEALTH CARE AND COUNSELING SERVICES; (E) BE FREE FROM ANY SUGGESTION THAT THE VICTIM/SURVIVOR IS AT FAULT WHEN THESE CRIMES AND VIOLATIONS ARE COMMITTED, OR SHOULD HAVE ACTED IN A DIFFERENT MANNER TO AVOID SUCH A CRIME; (F) DESCRIBE THE INCIDENT TO AS FEW INDIVIDUALS AS PRACTICABLE AND NOT TO BE REQUIRED TO UNNECESSARILY REPEAT A DESCRIPTION S. 2006--A 62 A. 3006--A OF THE INCIDENT; (G) BE FREE FROM RETALIATION BY THE COLLEGE/UNIVERSITY, THE ACCUSED, AND/OR THEIR FRIENDS, FAMILY AND ACQUAINTANCES; AND (H) EXERCISE CIVIL RIGHTS AND PRACTICE OF RELIGION WITHOUT INTERFERENCE BY THE INVESTIGATIVE, CRIMINAL JUSTICE, OR CONDUCT PROCESS OF THE COLLEGE/UNIVERSITY." 2. IN ACCORDANCE WITH PROVISIONS OF THIS SECTION, EACH COLLEGE AND UNIVERSITY SHALL LIST THE FOLLOWING OPTIONS IN BRIEF: VICTIMS AND SURVI- VORS HAVE MANY OPTIONS THAT CAN BE PURSUED SIMULTANEOUSLY, INCLUDING ONE OR MORE OF THE FOLLOWING: (A) RECEIVE RESOURCES, SUCH AS COUNSELING AND MEDICAL ATTENTION; (B) CONFIDENTIALLY OR ANONYMOUSLY DISCLOSE A CRIME OR VIOLATION; (C) MAKE A REPORT TO AN EMPLOYEE WITH THE AUTHORITY TO ADDRESS COMPLAINTS, INCLUDING THE TITLE IX COORDINATOR, A STUDENT CONDUCT EMPLOYEE, A HUMAN RESOURCES EMPLOYEE, UNIVERSITY POLICE OR CAMPUS SECURITY, OR FAMILY COURT OR CIVIL COURT; AND (D) MAKE A REPORT TO LOCAL LAW ENFORCEMENT AND/OR STATE POLICE. 3. THIS BILL OF RIGHTS SHALL BE DISTRIBUTED ANNUALLY TO STUDENTS, MADE AVAILABLE ON EACH COLLEGE AND UNIVERSITY WEBSITE, AND POSTED IN EACH CAMPUS RESIDENCE HALL, DINING HALL, AND STUDENT UNION OR CAMPUS CENTER AND SHALL INCLUDE LINKS OR INFORMATION TO FILE A REPORT AND SEEK A RESPONSE, PURSUANT TO SECTION SIXTY-FOUR HUNDRED FORTY-THREE OF THIS ARTICLE, AND THE OPTIONS FOR CONFIDENTIAL DISCLOSURE PURSUANT TO SECTION SIXTY-FOUR HUNDRED FORTY-FOUR OF THIS ARTICLE. S 6443. RESPONSE TO REPORTS. 1. IN ACCORDANCE WITH THE VICTIM/SURVIVOR BILL OF RIGHTS SET FORTH IN SECTION SIXTY-FOUR HUNDRED FORTY-TWO OF THIS ARTICLE AND THE RIGHT OF VICTIMS AND SURVIVORS TO MAKE A REPORT TO LOCAL LAW ENFORCEMENT AND/OR STATE POLICE, EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT VICTIMS AND SURVIVORS ARE PROVIDED WITH THE FOLLOWING INFOR- MATION: A. THE RIGHT TO NOTIFY LOCAL LAW ENFORCEMENT AND/OR STATE POLICE; B. THE RIGHT TO REPORT CONFIDENTIALLY THE INCIDENT TO COLLEGE OR UNIVERSITY OFFICIALS, WHO MAY MAINTAIN CONFIDENTIALITY PURSUANT TO APPLICABLE LAWS, AND CAN ASSIST IN OBTAINING SERVICES FOR THE VICTIMS AND SURVIVORS; C. THE RIGHT TO DISCLOSE CONFIDENTIALLY THE INCIDENT AND OBTAIN SERVICES FROM NEW YORK STATE, NEW YORK CITY, OR COUNTY SERVICES; D. THE RIGHT TO REPORT THE INCIDENT TO COLLEGE OR UNIVERSITY OFFICIALS WHO CAN OFFER PRIVACY AND CAN ASSIST IN OBTAINING RESOURCES; E. THE RIGHT TO FILE A CRIMINAL COMPLAINT WITH UNIVERSITY POLICE AND/OR CAMPUS SECURITY; F. THE RIGHT TO FILE A REPORT OF SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND/OR STALKING, AND THE RIGHT TO CONSULT THE TITLE IX COORDINATOR FOR INFORMATION AND ASSISTANCE. REPORTS SHALL BE INVESTI- GATED IN ACCORDANCE WITH COLLEGE OR UNIVERSITY POLICY AND A VICTIM/SURVIVOR'S IDENTITY SHALL REMAIN PRIVATE AT ALL TIMES IF SAID VICTIM/SURVIVOR WISHES TO MAINTAIN CONFIDENTIALITY; G. WHEN THE ACCUSED IS AN EMPLOYEE, THE RIGHT TO REPORT THE INCIDENT TO THE COLLEGE OR UNIVERSITY HUMAN RESOURCES AUTHORITY OR THE RIGHT TO REQUEST THAT A CONFIDENTIAL OR PRIVATE EMPLOYEE ASSIST IN REPORTING TO THE APPROPRIATE HUMAN RESOURCES AUTHORITY. DISCIPLINARY PROCEEDINGS WILL BE CONDUCTED IN ACCORDANCE WITH APPLICABLE COLLECTIVE BARGAINING AGREE- MENTS. WHEN THE ACCUSED IS AN EMPLOYEE OF AN AFFILIATED ENTITY OR VENDOR OF THE COLLEGE, COLLEGE OR UNIVERSITY OFFICIALS WILL, AT THE REQUEST OF THE VICTIM/SURVIVOR, ASSIST IN REPORTING TO THE APPROPRIATE OFFICE OF THE VENDOR OR AFFILIATED ENTITY AND, IF THE RESPONSE OF THE VENDOR OR AFFILIATED ENTITY IS NOT DEEMED SUFFICIENT BY THE COLLEGE OR UNIVERSITY S. 2006--A 63 A. 3006--A OFFICIALS, ASSIST IN OBTAINING A PERSONA NON GRATA LETTER, SUBJECT TO LEGAL REQUIREMENTS AND COLLEGE POLICY; H. THE RIGHT TO WITHDRAW A COMPLAINT OR INVOLVEMENT FROM THE COLLEGE OR UNIVERSITY PROCESS AT ANY TIME. 2. EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT VICTIMS AND SURVIVORS HAVE INFORMATION ABOUT RESOURCES, INCLUDING INTERVENTION, MENTAL HEALTH COUNSELING, AND MEDICAL. THE POLICY SHALL ALSO PROVIDE INFORMATION ON SEXUALLY TRANSMITTED INFECTIONS, SEXUAL ASSAULT FORENSIC EXAMINATIONS, AND RESOURCES AVAILABLE THROUGH THE OFFICE OF VICTIM SERVICES, ESTAB- LISHED PURSUANT TO SECTION SIX HUNDRED TWENTY-TWO OF THE EXECUTIVE LAW. 3. EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT VICTIMS AND SURVIVORS HAVE THE FOLLOWING PROTECTIONS AND ACCOMMODATIONS: A. WHEN THE ACCUSED IS A STUDENT, TO HAVE THE COLLEGE ISSUE A "NO CONTACT ORDER," WHEREBY CONTINUED CONTACT WITH THE PROTECTED INDIVIDUAL WOULD BE A VIOLATION OF COLLEGE OR UNIVERSITY POLICY SUBJECT TO ADDI- TIONAL CONDUCT CHARGES; IF THE ACCUSED AND A PROTECTED PERSON OBSERVE EACH OTHER IN A PUBLIC PLACE, IT IS THE RESPONSIBILITY OF THE ACCUSED TO LEAVE THE AREA IMMEDIATELY AND WITHOUT DIRECTLY CONTACTING THE PROTECTED PERSON; B. TO HAVE ASSISTANCE FROM UNIVERSITY POLICE OR CAMPUS SECURITY OR OTHER COLLEGE OR UNIVERSITY OFFICIALS IN OBTAINING AN ORDER OF PROTECTION OR, IF OUTSIDE OF NEW YORK STATE, AN EQUIVALENT PROTECTIVE OR RESTRAINING ORDER; C. TO RECEIVE A COPY OF THE ORDER OF PROTECTION OR EQUIVALENT AND HAVE AN OPPORTUNITY TO MEET OR SPEAK WITH A COLLEGE OR UNIVERSITY OFFICIAL WHO CAN EXPLAIN THE ORDER AND ANSWER QUESTIONS ABOUT IT, INCLUDING INFORMATION FROM THE ORDER ABOUT THE ACCUSED'S RESPONSIBILITY TO STAY AWAY FROM THE PROTECTED PERSON OR PERSONS; THAT BURDEN DOES NOT REST ON THE PROTECTED PERSON OR PERSONS; D. A RIGHT TO AN EXPLANATION OF THE CONSEQUENCES FOR VIOLATING THESE ORDERS, INCLUDING BUT NOT LIMITED TO ARREST, ADDITIONAL CONDUCT CHARGES, AND INTERIM SUSPENSION; E. TO RECEIVE ASSISTANCE FROM UNIVERSITY POLICE OR CAMPUS SECURITY IN EFFECTING AN ARREST WHEN AN INDIVIDUAL VIOLATES AN ORDER OF PROTECTION OR, IF UNIVERSITY POLICE OR CAMPUS SECURITY DOES NOT POSSESS ARRESTING POWERS, THEN TO CALL ON AND ASSIST LOCAL LAW ENFORCEMENT IN EFFECTING AN ARREST FOR VIOLATING SUCH AN ORDER; F. WHEN THE ACCUSED IS A STUDENT AND PRESENTS A CONTINUING THREAT TO THE HEALTH AND SAFETY OF THE COMMUNITY, TO SUBJECT THE ACCUSED TO INTER- IM SUSPENSION PENDING THE OUTCOME OF A CONDUCT PROCESS; G. WHEN THE ACCUSED IS NOT A STUDENT BUT IS A MEMBER OF THE COLLEGE COMMUNITY AND PRESENTS A CONTINUING THREAT TO THE HEALTH AND SAFETY OF THE COMMUNITY, TO SUBJECT THE ACCUSED TO INTERIM MEASURES IN ACCORDANCE WITH APPLICABLE COLLECTIVE BARGAINING AGREEMENTS, EMPLOYEE HANDBOOKS, AND RULES AND POLICIES OF THE COLLEGE OR UNIVERSITY; H. WHEN THE ACCUSED IS NOT A MEMBER OF THE COLLEGE COMMUNITY, TO HAVE ASSISTANCE FROM UNIVERSITY POLICE OR CAMPUS SECURITY OR OTHER COLLEGE OR UNIVERSITY OFFICIALS IN OBTAINING A PERSONA NON GRATA LETTER, SUBJECT TO APPLICABLE LEGAL REQUIREMENTS AND POLICIES; AND I. TO OBTAIN REASONABLE AND AVAILABLE INTERIM MEASURES AND ACCOMMO- DATIONS THAT EFFECT A CHANGE IN ACADEMIC, HOUSING, EMPLOYMENT, TRANSPOR- TATION, OR OTHER APPLICABLE ARRANGEMENTS IN ORDER TO ENSURE SAFETY, PREVENT RETALIATION, AND AVOID AN ONGOING HOSTILE ENVIRONMENT. 4. EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT STUDENTS PARTICIPAT- ING IN THE STUDENT CONDUCT OR JUDICIAL PROCESS BE AFFORDED THE FOLLOWING RIGHTS AND RESPONSIBILITIES: S. 2006--A 64 A. 3006--A A. THE RIGHT TO FILE STUDENT CONDUCT CHARGES AGAINST THE ACCUSED. CONDUCT PROCEEDINGS ARE GOVERNED BY THE PROCEDURES SET FORTH IN COLLEGE OR UNIVERSITY RULES AS WELL AS FEDERAL AND NEW YORK STATE LAW, INCLUD- ING, WHERE APPLICABLE, THE DUE PROCESS PROVISIONS OF THE UNITED STATES CONSTITUTION AND NEW YORK STATE CONSTITUTION. B. THROUGHOUT CONDUCT PROCEEDINGS, THE ACCUSED AND THE VICTIM/SURVIVOR SHALL BE PROVIDED: (1) THE SAME OPPORTUNITY TO HAVE ACCESS TO AN ADVISOR OF THEIR CHOICE, WHERE PARTICIPATION OF THE ADVISOR IN ANY PROCEEDING SHALL BE IN COMPLI- ANCE WITH APPLICABLE FEDERAL LAWS AND THE STUDENT CODE OF CONDUCT. (2) THE RIGHT TO A PROMPT RESPONSE TO ANY COMPLAINT AND TO HAVE THE COMPLAINT INVESTIGATED AND ADJUDICATED IN AN IMPARTIAL, TIMELY, AND THOROUGH MANNER BY INDIVIDUALS WHO RECEIVE ANNUAL TRAINING IN CONDUCTING INVESTIGATIONS OF SEXUAL VIOLENCE, THE EFFECTS OF TRAUMA, AND OTHER ISSUES RELATED TO SEXUAL VIOLENCE INCLUDING BUT NOT LIMITED TO SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING. (3) THE RIGHT TO AN INVESTIGATION AND PROCESS THAT IS FAIR, IMPARTIAL, AND PROVIDES A MEANINGFUL OPPORTUNITY TO BE HEARD. (4) THE RIGHT TO RECEIVE WRITTEN OR ELECTRONIC NOTICE OF ANY MEETING OR HEARING THEY ARE REQUIRED TO OR ARE ELIGIBLE TO ATTEND. (5) THE RIGHT TO HAVE A CONDUCT PROCESS RUN CONCURRENTLY WITH A CRIMI- NAL JUSTICE INVESTIGATION AND PROCEEDING, EXCEPT FOR TEMPORARY DELAYS AS REQUESTED BY EXTERNAL MUNICIPAL ENTITIES WHILE LAW ENFORCEMENT GATHERS EVIDENCE. TO COMPLY WITH FEDERAL LAW, TEMPORARY DELAYS SHOULD NOT LAST MORE THAN TEN DAYS EXCEPT WHEN LAW ENFORCEMENT SPECIFICALLY REQUESTS AND JUSTIFIES A LONGER DELAY. (6) THE RIGHT TO REVIEW AVAILABLE EVIDENCE IN THE CASE FILE. (7) THE RIGHT TO A RANGE OF OPTIONS FOR PROVIDING TESTIMONY VIA ALTER- NATIVE ARRANGEMENTS, INCLUDING TELEPHONE/VIDEOCONFERENCING OR TESTIFYING WITH A ROOM PARTITION. (8) THE RIGHT TO EXCLUDE PRIOR SEXUAL HISTORY OR PAST MENTAL HEALTH HISTORY FROM ADMITTANCE IN THE COLLEGE DISCIPLINARY STAGE THAT DETER- MINES RESPONSIBILITY. PAST SEXUAL VIOLENCE FINDINGS MAY BE ADMISSIBLE IN THE DISCIPLINARY STAGE THAT DETERMINES SANCTION. (9) THE RIGHT TO ASK QUESTIONS OF THE DECISION MAKER AND VIA THE DECI- SION MAKER INDIRECTLY REQUEST RESPONSES FROM OTHER PARTIES AND ANY OTHER WITNESSES PRESENT. (10) THE RIGHT TO MAKE AN IMPACT STATEMENT DURING THE POINT OF THE PROCEEDING WHERE THE DECISION MAKER IS DELIBERATING ON APPROPRIATE SANC- TIONS. (11) THE RIGHT TO SIMULTANEOUS (AMONG THE PARTIES) WRITTEN OR ELEC- TRONIC NOTIFICATION OF THE OUTCOME OF A CONDUCT PROCEEDING, INCLUDING THE SANCTION OR SANCTIONS. (12) THE RIGHT TO KNOW THE SANCTION OR SANCTIONS THAT MAY BE IMPOSED ON THE ACCUSED BASED UPON THE OUTCOME OF THE CONDUCT PROCEEDING AND THE REASON FOR THE ACTUAL SANCTION IMPOSED. FOR STUDENTS FOUND RESPONSIBLE FOR COMMITTING SEXUAL ASSAULT, THE AVAILABLE SANCTIONS SHALL BE EITHER IMMEDIATE SUSPENSION WITH ADDITIONAL REQUIREMENTS OR EXPULSION. C. THE RIGHT TO CHOOSE WHETHER TO DISCLOSE OR DISCUSS THE OUTCOME OF A CONDUCT HEARING. S 6444. CAMPUS CLIMATE ASSESSMENTS. 1. EACH COLLEGE AND UNIVERSITY SHALL CONDUCT A CAMPUS CLIMATE ASSESSMENT AIMED AT ASCERTAINING GENERAL AWARENESS AND KNOWLEDGE OF PROVISIONS OF THIS ARTICLE, DEVELOPED USING STANDARD AND COMMONLY RECOGNIZED RESEARCH METHODS, AND SHALL CONDUCT SUCH ASSESSMENT NO LESS THAN EVERY OTHER YEAR. S. 2006--A 65 A. 3006--A 2. THE ASSESSMENT SHALL INCLUDE QUESTIONS COVERING AT LEAST THE FOLLOWING TOPICS REGARDING STUDENT AND EMPLOYEE KNOWLEDGE ABOUT (A) THE TITLE IX COORDINATOR'S ROLE; (B) CAMPUS POLICIES AND PROCEDURES ADDRESS- ING SEXUAL ASSAULT; (C) HOW AND WHERE TO REPORT SEXUAL VIOLENCE AS A VICTIM, SURVIVOR OR WITNESS; (D) THE AVAILABILITY OF RESOURCES ON AND OFF CAMPUS, SUCH AS COUNSELING, HEALTH, AND ACADEMIC ASSISTANCE; (E) THE PREVALENCE OF VICTIMIZATION AND PERPETRATION OF SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING ON AND OFF CAMPUS DURING A SET TIME PERIOD; (F) BYSTANDER ATTITUDES AND BEHAVIOR; AND (G) WHETHER VICTIMS AND SURVIVORS REPORTED TO THE COLLEGE OR UNIVERSITY AND/OR POLICE, AND REASONS WHY THEY DID OR DID NOT REPORT. 3. EACH COLLEGE AND UNIVERSITY SHALL TAKE STEPS TO ENSURE THAT ANSWERS TO SUCH ASSESSMENTS REMAIN ANONYMOUS AND NO INDIVIDUAL RESPONDENT IS IDENTIFIED. 4. EACH COLLEGE AND UNIVERSITY SHALL PUBLISH DETAILED RESULTS OF SUCH SURVEYS ON THEIR INTERNET WEBSITE PROVIDED THAT NO PERSONALLY IDENTIFI- ABLE INFORMATION OR INFORMATION WHICH CAN REASONABLY LEAD A READER TO IDENTIFY AN INDIVIDUAL RESPONDENT SHALL BE SHARED. 5. NOTHING IN THIS SECTION SHALL BE SUBJECT TO DISCOVERY OR ADMITTED INTO EVIDENCE IN A FEDERAL OR STATE COURT PROCEEDING OR CONSIDERED FOR OTHER PURPOSES IN ANY ACTION FOR DAMAGES BROUGHT BY A PRIVATE PARTY AGAINST A COLLEGE OR UNIVERSITY. S 6445. OPTIONS FOR CONFIDENTIAL DISCLOSURE. IN ACCORDANCE WITH THE VICTIM/SURVIVOR BILL OF RIGHTS SET FORTH IN SECTION SIXTY-FOUR HUNDRED FORTY-TWO OF THIS ARTICLE, EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT VICTIMS AND SURVIVORS HAVE THE FOLLOWING INFORMATION: (A) INFORMATION REGARDING PRIVILEGED AND CONFIDENTIAL RESOURCES THEY MAY CONTACT REGARD- ING VIOLENCE; (B) INFORMATION ABOUT NON-PROFESSIONAL COUNSELORS AND ADVOCATES THEY MAY CONTACT REGARDING VIOLENCE; (C) A PLAIN LANGUAGE EXPLANATION OF THE DIFFERENCES BETWEEN PRIVACY AND CONFIDENTIALITY; (D) INFORMATION ABOUT HOW THE COLLEGE OR UNIVERSITY WILL WEIGH A REQUEST FOR CONFIDENTIALITY AND RESPOND TO SUCH A REQUEST. SUCH INFORMATION SHALL AT MINIMUM INCLUDE THAT IF A VICTIM/SURVIVOR DISCLOSES AN INCIDENT TO A COLLEGE OR UNIVERSITY EMPLOYEE WHO IS RESPONSIBLE FOR RESPONDING TO OR REPORTING SEXUAL VIOLENCE OR SEXUAL HARASSMENT, BUT WISHES TO MAINTAIN CONFIDENTIALITY OR DOES NOT CONSENT TO THE INSTITUTION'S REQUEST TO INITIATE AN INVESTIGATION, THE TITLE IX COORDINATOR MUST WEIGH THE REQUEST AGAINST THE COLLEGE OR UNIVERSITY'S OBLIGATION TO PROVIDE A SAFE, NON-DISCRIMINATORY ENVIRONMENT FOR ALL MEMBERS OF ITS COMMUNITY. THE COLLEGE OR UNIVERSITY WILL ASSIST WITH ACADEMIC, HOUSING, TRANSPOR- TATION, EMPLOYMENT, AND OTHER REASONABLE AND AVAILABLE ACCOMMODATIONS REGARDLESS OF REPORTING CHOICES. THE COLLEGE OR UNIVERSITY MAY TAKE PROACTIVE STEPS, SUCH AS TRAINING OR AWARENESS EFFORTS, TO COMBAT SEXUAL VIOLENCE IN A GENERAL WAY THAT DOES NOT IDENTIFY THOSE WHO DISCLOSE OR THE INFORMATION DISCLOSED. THE COLLEGE OR UNIVERSITY MAY SEEK CONSENT FROM THOSE WHO DISCLOSE PRIOR TO CONDUCTING AN INVESTIGATION. DECLINING TO CONSENT TO AN INVESTIGATION WILL BE HONORED UNLESS THE COLLEGE OR UNIVERSITY DETERMINES IN GOOD FAITH THAT FAILURE TO INVESTIGATE DOES NOT ADEQUATELY MITIGATE A POTENTIAL RISK OF HARM TO THE DISCLOSING PERSON OR OTHER MEMBERS OF THE COMMUNITY. HONORING SUCH A REQUEST MAY LIMIT THE COLLEGE OR UNIVERSITY'S ABILITY TO MEANINGFULLY INVESTIGATE AND PURSUE CONDUCT ACTION AGAINST AN ACCUSED INDIVIDUAL. IF THE COLLEGE OR UNIVER- SITY DETERMINES THAT AN INVESTIGATION IS REQUIRED, IT WILL NOTIFY THE DISCLOSING PERSON AND TAKE IMMEDIATE ACTION AS NECESSARY TO PROTECT AND ASSIST THEM. FACTORS USED TO DETERMINE WHETHER TO HONOR A CONFIDENTIALI- TY REQUEST INCLUDE, BUT ARE NOT LIMITED TO: (1) WHETHER THE ACCUSED HAS S. 2006--A 66 A. 3006--A A HISTORY OF VIOLENT BEHAVIOR OR IS A REPEAT OFFENDER; (2) WHETHER THE INCIDENT REPRESENTS ESCALATION IN UNLAWFUL CONDUCT ON BEHALF OF THE ACCUSED FROM PREVIOUSLY NOTED BEHAVIOR; (3) THE INCREASED RISK THAT THE ACCUSED WILL COMMIT ADDITIONAL ACTS OF VIOLENCE; (4) WHETHER THE ACCUSED USED A WEAPON OR FORCE; (5) WHETHER THE VICTIM/SURVIVOR IS A MINOR; AND (6) WHETHER THE COLLEGE OR UNIVERSITY POSSESSES OTHER MEANS TO OBTAIN EVIDENCE SUCH AS SECURITY FOOTAGE, AND WHETHER AVAILABLE INFORMATION REVEALS A PATTERN OF PERPETRATION AT A GIVEN LOCATION OR BY A PARTICULAR GROUP; (E) INFORMATION ABOUT PUBLIC AWARENESS AND ADVOCACY EVENTS, INCLUDING GUARANTEES THAT IF AN INDIVIDUAL DISCLOSES INFORMATION THROUGH A PUBLIC AWARENESS EVENT SUCH AS CANDLELIGHT VIGILS, PROTESTS, OR OTHER PUBLIC EVENT, THE COLLEGE OR UNIVERSITY IS NOT OBLIGATED TO BEGIN AN INVESTIGATION BASED ON SUCH INFORMATION. THE COLLEGE OR UNIVERSITY MAY USE THE INFORMATION PROVIDED AT SUCH AN EVENT TO INFORM ITS EFFORTS FOR ADDITIONAL EDUCATION AND PREVENTION EFFORTS; (F) INFORMATION ABOUT METH- ODS TO ANONYMOUSLY DISCLOSE INCLUDING BUT NOT LIMITED TO INFORMATION ON RELEVANT CONFIDENTIAL HOTLINES PROVIDED BY NEW YORK STATE AGENCIES AND NOT-FOR-PROFIT ENTITIES; (G) INFORMATION REGARDING INSTITUTIONAL CRIME REPORTING INCLUDING BUT NOT LIMITED TO: REPORTS OF CERTAIN CRIMES OCCUR- RING IN SPECIFIC GEOGRAPHIC LOCATIONS THAT SHALL BE INCLUDED IN THE COLLEGE OR UNIVERSITY ANNUAL SECURITY REPORT PURSUANT TO THE CLERY ACT, 20 U.S.C. 1092(F), IN AN ANONYMIZED MANNER THAT NEITHER IDENTIFIES THE SPECIFICS OF THE CRIME OR THE IDENTITY OF THE VICTIM/SURVIVOR; THAT THE COLLEGE OR UNIVERSITY IS OBLIGATED TO ISSUE TIMELY WARNINGS OF CRIMES ENUMERATED IN THE CLERY ACT OCCURRING WITHIN RELEVANT GEOGRAPHY THAT REPRESENT A SERIOUS OR CONTINUING THREAT TO STUDENTS AND EMPLOYEES, EXCEPT IN THOSE CIRCUMSTANCES WHERE ISSUING SUCH A WARNING MAY COMPRO- MISE CURRENT LAW ENFORCEMENT EFFORTS OR WHEN THE WARNING ITSELF COULD POTENTIALLY IDENTIFY THE VICTIM/SURVIVOR; THAT A VICTIM OR SURVIVOR SHALL NOT BE IDENTIFIED IN A TIMELY WARNING; THAT THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT, 20 U.S.C. 1232(G), ALLOWS INSTITUTIONS TO SHARE INFORMATION WITH PARENTS WHEN (1) THERE IS A HEALTH OR SAFETY EMERGENCY, OR (2) WHEN THE STUDENT IS A DEPENDENT ON EITHER PARENT'S PRIOR YEAR FEDERAL INCOME TAX RETURN, AND THAT GENERALLY, THE COLLEGE OR UNIVERSITY SHALL NOT SHARE INFORMATION ABOUT A REPORT OF SEXUAL VIOLENCE WITH PARENTS WITHOUT THE PERMISSION OF THE VICTIM/SURVIVOR. S 6446. STUDENT ONBOARDING AND ONGOING EDUCATION. 1. EACH COLLEGE AND UNIVERSITY SHALL ADOPT A COMPREHENSIVE STUDENT ONBOARDING AND ONGOING EDUCATION CAMPAIGN TO EDUCATE MEMBERS OF THE COLLEGE OR UNIVERSITY COMMUNITY ABOUT SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE AND STALKING, IN COMPLIANCE WITH APPLICABLE FEDERAL LAWS, INCLUDING THE CLERY ACT AS AMENDED BY THE VIOLENCE AGAINST WOMEN ACT REAUTHORIZATION OF 2013, 20 U.S.C. 1092(F). 2. INCLUDED IN THIS CAMPAIGN IT SHALL BE A REQUIREMENT THAT ALL NEW FIRST-YEAR AND TRANSFER STUDENTS SHALL, DURING THE COURSE OF THEIR ONBOARDING TO THEIR COLLEGE OR UNIVERSITY, RECEIVE TRAINING ON THE FOLLOWING TOPICS, USING A METHOD AND MANNER APPROPRIATE TO THE INSTITU- TIONAL CULTURE OF EACH COLLEGE OR UNIVERSITY: (A) THE COLLEGE OR UNIVER- SITY PROHIBITS SEXUAL HARASSMENT, INCLUDING SEXUAL VIOLENCE, OTHER VIOLENCE OR THREATS OF VIOLENCE, AND WILL OFFER RESOURCES TO ANY VICTIMS AND SURVIVORS OF SUCH VIOLENCE WHILE TAKING ADMINISTRATIVE AND CONDUCT ACTION REGARDING ANY ACCUSED INDIVIDUAL WITHIN THE JURISDICTION OF THE COLLEGE OR UNIVERSITY; (B) RELEVANT DEFINITIONS INCLUDING, BUT NOT LIMITED TO, THE DEFINITIONS OF SEXUAL VIOLENCE AND CONSENT; (C) POLICIES APPLY EQUALLY TO ALL STUDENTS REGARDLESS OF SEXUAL ORIENTATION, GENDER IDENTITY, OR GENDER EXPRESSION; (D) THE ROLE OF THE TITLE IX COORDINA- S. 2006--A 67 A. 3006--A TOR, UNIVERSITY POLICE OR CAMPUS SECURITY, AND OTHER RELEVANT OFFICES THAT ADDRESS SEXUAL VIOLENCE PREVENTION AND RESPONSE; (E) AWARENESS OF VIOLENCE, ITS IMPACT ON VICTIMS AND SURVIVORS AND THEIR FRIENDS AND FAMILY, AND ITS LONG-TERM IMPACT; (F) THE POLICIES REQUIRED BY SECTIONS SIXTY-FOUR HUNDRED FORTY-THREE AND SIXTY-FOUR HUNDRED FORTY-FOUR OF THIS ARTICLE, INCLUDING: (1) HOW TO REPORT SEXUAL VIOLENCE AND OTHER CRIMES CONFIDENTIALLY TO COLLEGE OR UNIVERSITY OFFICIALS, CAMPUS LAW ENFORCE- MENT AND SECURITY, AND LOCAL LAW ENFORCEMENT; AND (2) HOW TO OBTAIN SERVICES AND SUPPORT; (G) BYSTANDER INTERVENTION AND THE IMPORTANCE OF TAKING ACTION, WHEN ONE CAN SAFELY DO SO, TO PREVENT VIOLENCE; (H) THE PROTECTIONS OF THE POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY IN SEXUAL VIOLENCE CASES AS OUTLINED IN SECTION SIXTY-FOUR HUNDRED FORTY-ONE OF THIS ARTICLE; (I) RISK ASSESSMENT AND REDUCTION INCLUDING, BUT NOT LIMITED TO, STEPS THAT POTENTIAL VICTIMS AND SURVIVORS AND BYSTANDERS CAN TAKE TO LOWER THE INCIDENCE OF SEXUAL VIOLENCE; AND (J) CONSEQUENCES AND SANCTIONS FOR INDIVIDUALS WHO COMMIT THESE CRIMES. 3. EACH COLLEGE AND UNIVERSITY SHALL CONDUCT THESE TRAININGS FOR ALL NEW STUDENTS, WHETHER FIRST-YEAR OR TRANSFER, UNDERGRADUATE, GRADUATE, OR PROFESSIONAL. 4. EACH COLLEGE AND UNIVERSITY SHALL USE MULTIPLE METHODS TO EDUCATE STUDENTS ABOUT VIOLENCE PREVENTION AND WILL ALSO SHARE INFORMATION ON SEXUAL VIOLENCE PREVENTION WITH PARENTS OF ENROLLING STUDENTS. 5. EACH COLLEGE AND UNIVERSITY SHALL OFFER TO ALL STUDENTS GENERAL AND SPECIALIZED TRAINING IN SEXUAL VIOLENCE PREVENTION. EACH COLLEGE AND UNIVERSITY SHALL CONDUCT A CAMPAIGN, COMPLIANT WITH THE REQUIREMENTS OF THE VIOLENCE AGAINST WOMEN ACT, 20 U.S.C. 1092(F), TO EDUCATE THE STUDENT POPULATION. FURTHER, EACH COLLEGE AND UNIVERSITY SHALL, AS APPROPRIATE, PROVIDE OR EXPAND SPECIFIC TRAINING TO INCLUDE GROUPS SUCH AS INTERNATIONAL STUDENTS, STUDENTS THAT ARE ALSO EMPLOYEES, LEADERS AND OFFICERS OF REGISTERED OR RECOGNIZED STUDENT ORGANIZATIONS, AND ONLINE AND DISTANCE EDUCATION STUDENTS. EACH COLLEGE AND UNIVERSITY SHALL ALSO PROVIDE SPECIFIC TRAINING TO MEMBERS OF GROUPS IDENTIFIED AS LIKELY TO ENGAGE IN HIGH-RISK BEHAVIOR. 6. EACH COLLEGE AND UNIVERSITY SHALL REQUIRE THAT STUDENT LEADERS AND OFFICERS OF STUDENT ORGANIZATIONS RECOGNIZED BY OR REGISTERED WITH THE COLLEGE OR UNIVERSITY, AS WELL AS THOSE SEEKING RECOGNITION BY THE COLLEGE OR UNIVERSITY, COMPLETE TRAINING ON SEXUAL VIOLENCE PREVENTION AS PART OF THE APPROVAL PROCESS, AND EACH COLLEGE AND UNIVERSITY SHALL REQUIRE THAT STUDENT-ATHLETES COMPLETE TRAINING ON SEXUAL VIOLENCE PREVENTION PRIOR TO PARTICIPATING IN INTERCOLLEGIATE ATHLETIC COMPETI- TION. 7. METHODS OF TRAINING AND EDUCATING STUDENTS MAY INCLUDE, BUT ARE NOT LIMITED TO: (A) PRESIDENT'S WELCOME MESSAGING; (B) PEER THEATER AND PEER EDUCATIONAL PROGRAMS; (C) ONLINE TRAINING; (D) SOCIAL MEDIA OUTREACH; (E) FIRST-YEAR SEMINARS AND TRANSITIONAL COURSES; (F) COURSE SYLLABI; (G) FACULTY TEACH-INS; (H) INSTITUTION-WIDE READING PROGRAMS; (I) POST- ERS, BULLETIN BOARDS, AND OTHER TARGETED PRINT AND EMAIL MATERIALS; (J) PROGRAMMING SURROUNDING LARGE RECURRING CAMPUS EVENTS; (K) PARTNERING WITH NEIGHBORING COLLEGES AND UNIVERSITIES TO OFFER TRAINING AND EDUCA- TION; (L) PARTNERING WITH STATE AND LOCAL COMMUNITY ORGANIZATIONS THAT PROVIDE OUTREACH, SUPPORT, CRISIS INTERVENTION, COUNSELING AND OTHER RESOURCES TO VICTIMS AND SURVIVORS OF CRIMES TO OFFER TRAINING AND EDUCATION; AND (M) OUTREACH AND PARTNERING WITH LOCAL BUSINESSES THAT ATTRACT STUDENTS TO ADVERTISE AND EDUCATE ABOUT THESE POLICIES. 8. EACH COLLEGE AND UNIVERSITY MUST ENGAGE IN AN OCCASIONAL ASSESSMENT OF ITS PROGRAM AND POLICIES ESTABLISHED PURSUANT TO PROVISIONS OF THIS S. 2006--A 68 A. 3006--A ARTICLE, IN ORDER TO DETERMINE EFFECTIVENESS AND RELEVANCE FOR STUDENTS, BY EITHER ASSESSING ITS OWN PROGRAMMING OR BY CONDUCTING A REVIEW OF POLICIES OF OTHER COLLEGES AND UNIVERSITIES AND PUBLISHED STUDIES. S 6447. PRIVACY IN LEGAL CHALLENGES TO CONDUCT FINDINGS. IN ANY PROCEEDING BROUGHT AGAINST A COLLEGE OR UNIVERSITY CHARTERED BY THE REGENTS OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE AND WHICH MAINTAINS A CAMPUS, CHALLENGING A FINDING THAT A STUDENT WAS RESPONSIBLE FOR A VIOLATION OF THE COLLEGE OR UNIVERSITY RULES, THE PLEADINGS AND OTHER PAPERS OF SUCH A PROCEEDING SHALL NOT NAME OR PROVIDE IDENTIFYING INFORMATION ABOUT TESTIFYING WITNESSES (INCLUDING A VICTIM OR SURVIVOR OF A CRIME) WITH THE EXCEPTION OF THE PETITIONER, INDIVIDUALS TESTIFYING IN THEIR PROFESSIONAL OR EXPERT CAPACITY, AND WITNESSES WHO WAIVE THIS RIGHT TO PRIVACY IN A NOTARIZED INSTRUMENT PRESENTED TO THE COURT. WITNESSES SHALL BE IDENTIFIED ONLY AS NUMBERED WITNESSES. S 2. This act shall take effect immediately; provided, however, that sections sixty-four hundred thirty-nine, sixty-four hundred forty, sixty-four hundred forty-one, sixty-four hundred forty-three, sixty-four hundred forty-five, and sixty-four hundred forty-six of article 29-B of the education law, as added by section one of this act, shall take effect on the one hundred eightieth day after it shall have become a law; sections sixty-four hundred forty-two and sixty-four hundred forty-seven of article 29-B of the education law, as added by section one of this act, shall take effect on the sixtieth day after it shall have become a law, and section sixty-four hundred forty-four of article 29-B of the education law, as added by section one of this act, shall take effect on the four hundred twenty-fifth day after it shall have become a law. PART I Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 131-o of the social services law, as amended by section 1 of part E of chapter 58 of the laws of 2014, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$139.00] $141.00 for each month beginning on or after January first, two thousand [fourteen] FIFTEEN. (b) in the case of each individual receiving residential care, an amount equal to at least [$160.00] $163.00 for each month beginning on or after January first, two thousand [fourteen] FIFTEEN. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$190.00] $193.00 for each month beginning on or after January first, two thousand [fourteen] FIFTEEN. (d) for the period commencing January first, two thousand [fifteen] SIXTEEN, the monthly personal needs allowance shall be an amount equal to the sum of the amounts set forth in subparagraphs one and two of this paragraph: (1) the amounts specified in paragraphs (a), (b) and (c) of this subdivision; and (2) the amount in subparagraph one of this paragraph, multiplied by the percentage of any federal supplemental security income cost of living adjustment which becomes effective on or after January first, two thousand [fifteen] SIXTEEN, but prior to June thirtieth, two thousand [fifteen] SIXTEEN, rounded to the nearest whole dollar. S. 2006--A 69 A. 3006--A S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of section 209 of the social services law, as amended by section 2 of part E of chapter 58 of the laws of 2014, are amended to read as follows: (a) On and after January first, two thousand [fourteen] FIFTEEN, for an eligible individual living alone, [$808.00] $820.00; and for an eligible couple living alone, [$1186.00] $1204.00. (b) On and after January first, two thousand [fourteen] FIFTEEN, for an eligible individual living with others with or without in-kind income, [$744.00] $756.00; and for an eligible couple living with others with or without in-kind income, [$1128.00] $1146.00. (c) On and after January first, two thousand [fourteen] FIFTEEN, (i) for an eligible individual receiving family care, [$987.48] $999.48 if he or she is receiving such care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible couple receiving family care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligible individ- ual receiving such care in any other county in the state, [$949.48] $961.48; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subpara- graph (iii) of this paragraph. (d) On and after January first, two thousand [fourteen] FIFTEEN, (i) for an eligible individual receiving residential care, [$1156.00] $1168.00 if he or she is receiving such care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible couple receiving residential care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligible individual receiving such care in any other county in the state, [$1126.00] $1138.00; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subparagraph (iii) of this paragraph. (e) (i) On and after January first, two thousand [fourteen] FIFTEEN, for an eligible individual receiving enhanced residential care, [$1415.00] $1427.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subparagraph (i) of this paragraph. (f) The amounts set forth in paragraphs (a) through (e) of this subdi- vision shall be increased to reflect any increases in federal supple- mental security income benefits for individuals or couples which become effective on or after January first, two thousand [fifteen] SIXTEEN but prior to June thirtieth, two thousand [fifteen] SIXTEEN. S 3. This act shall take effect December 31, 2015. PART J Section 1. Paragraph (vi) of subdivision (a) of section 115 of the family court act, as amended by chapter 222 of the laws of 1994, is amended to read as follows: (vi) proceedings concerning juvenile delinquency as set forth in arti- cle three THAT ARE COMMENCED IN FAMILY COURT. S 2. Subdivision (e) of section 115 of the family court act, as added by chapter 222 of the laws of 1994, is amended to read as follows: (e) The family court has concurrent jurisdiction with the criminal court over all family offenses as defined in article eight of this act AND HAS CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR COURT S. 2006--A 70 A. 3006--A OVER ANY JUVENILE DELINQUENCY PROCEEDING RESULTING FROM THE REMOVAL OF THE CASE TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW. S 3. Subdivision (b) of section 117 of the family court act, as amended by chapter 7 of the laws of 2007, is amended to read as follows: (b) For every juvenile delinquency proceeding under article three OF THIS ACT involving an allegation of an act committed by a person which, if done by an adult, would [be a crime (i) defined in sections 125.27 (murder in the first degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the first degree); or 150.20 (arson in the first degree) of the penal law committed by a person thirteen, fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (ii) defined in sections 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); 130.35 (rape in the first degree); 130.50 (criminal sexual act in the first degree); 135.20 (kidnapping in the second degree), but only where the abduction involved the use or threat of use of deadly physical force; 150.15 (arson in the second degree); or 160.15 (robbery in the first degree) of the penal law committed by a person thirteen, fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (iii) defined in the penal law as an attempt to commit murder in the first or second degree or kidnapping in the first degree committed by a person thirteen, fourteen or fifteen years of age; or such conduct committed as a sexually moti- vated felony, where authorized pursuant to section 130.91 of the penal law; (iv) defined in section 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); subdivision two of section 160.10 (robbery in the second degree) of the penal law; or section 265.03 of the penal law, where such machine gun or such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of the penal law committed by 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. S. 2006--A 71 A. 3006--A (ii) Outside the city of New York, all proceedings involving such an allegation shall have a hearing preference over every other proceeding in the court, except proceedings under article ten. S 4. Subdivision 1 of section 301.2 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows: 1. "Juvenile delinquent" means a person [over seven and less than sixteen years of age, who, having committed an act that would constitute a crime if committed by an adult, (a) is not criminally responsible for such conduct by reason of infancy, or (b) is the defendant in an action ordered removed from a criminal court to the family court pursuant to article seven hundred twenty-five of the criminal procedure law]: (A) WHO IS: (I) TEN OR ELEVEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTI- TUTE A CRIME AS DEFINED IN SECTION 125.27 (MURDER IN THE FIRST DEGREE) OR 125.25 (MURDER IN THE SECOND DEGREE) OF THE PENAL LAW IF COMMITTED BY AN ADULT; OR (II) AT LEAST TWELVE YEARS OF AGE AND LESS THAN SIXTEEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME IF COMMITTED BY AN ADULT; OR (III) SIXTEEN YEARS OF AGE OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SIXTEEN OR SEVENTEEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME, OR DISORDERLY CONDUCT AS DEFINED IN SECTION 240.20 OF THE PENAL LAW, OR HARASSMENT IN THE SECOND DEGREE AS DEFINED IN SECTION 240.26 OF THE PENAL LAW IF COMMITTED BY AN ADULT; AND (B) WHO IS EITHER: (I) NOT CRIMINALLY RESPONSIBLE FOR SUCH CONDUCT BY REASON OF INFANCY; OR (II) THE DEFENDANT IN AN ACTION BASED ON SUCH ACT THAT HAS BEEN ORDERED 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, OR SIXTEEN, OR COMMENCING JANUARY 1, 2018, SEVENTEEN years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (ii) defined in sections 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); 130.35 (rape in the first degree); 130.50 (criminal sexual act in the first degree); 130.70 (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the second degree) but only where the abduction involved the use or threat of use of deadly physical force; 150.15 (arson in the second degree) or 160.15 (robbery in the first degree) of the penal law committed by a person thirteen, fourteen [or], fifteen, OR SIXTEEN, OR, COMMENCING JANUARY 1, 2018, 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, OR SIXTEEN, OR COMMENCING JANUARY 1, 2018, SEVENTEEN years of age; or such conduct committed as a sexually moti- S. 2006--A 72 A. 3006--A 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, OR SIXTEEN OR, COMMENCING JANUARY 1, 2018, SEVENTEEN years of age but only where there has been a prior finding by a court that such person has previously committed an act which, if committed by an adult, would be the crime of assault in the second degree, robbery in the second degree or any designated felony act specified in paragraph (i), (ii), or (iii) of this subdivision regardless of the age of such person at the time of the commission of the prior act; [or] (vi) other than a misdemeanor committed by a person at least [seven] TWELVE but less than [sixteen] SEVENTEEN years of age, OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN A PERSON AT LEAST TWELVE BUT LESS THAN EIGHTEEN YEARS OF AGE, but only where there has been two prior findings by the court that such person has committed a prior felony; OR (VII) THAT CONSTITUTES A VIOLENT FELONY OFFENSE AS DEFINED SECTION 70.02 OF THE PENAL LAW; ANY CRIME IN THE PENAL LAW THAT IS CLASSIFIED AS A CLASS A FELONY, EXCEPTING THOSE WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; VEHICULAR ASSAULT IN THE SECOND DEGREE AS DEFINED IN SECTION 120.03 OF THE PENAL LAW; VEHICULAR ASSAULT IN THE FIRST DEGREE AS DEFINED IN SECTION 120.04 OF THE PENAL LAW; AGGRAVATED VEHICULAR ASSAULT AS DEFINED IN SECTION 120.04-A OF THE PENAL LAW; CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION 125.10 OF THE PENAL LAW; AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION 125.11 OF THE PENAL LAW; VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.12 OF THE PENAL LAW; VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.13 OF THE PENAL LAW; AGGRAVATED VEHICULAR HOMI- CIDE AS DEFINED IN SECTION 125.14 OF THE PENAL LAW; MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.15 OF THE PENAL LAW; MANSLAUGHT- ER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.20 OF THE PENAL LAW; AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.21; AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.22 OF THE PENAL LAW; TAMPERING WITH A WITNESS IN THE THIRD, SECOND, OR FIRST DEGREE AS DEFINED UNDER ARTICLE 215 OF THE PENAL LAW, PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS RESPONSIBLE; AGGRAVATED CRIMINAL CONTEMPT AS DEFINED IN SECTION 215.52 OF THE PENAL LAW; ACTS CONSTITUT- ING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THE PENAL LAW WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUT- ING A FELONY DEFINED IN ARTICLE 490 OF THE PENAL LAW; AND ACTS CONSTI- TUTING 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 RESPON- SIBLE COMMITTED BY A PERSON SIXTEEN YEARS OLD OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN A PERSON SIXTEEN OR SEVENTEEN YEARS OLD. S. 2006--A 73 A. 3006--A 9. "Designated class A felony act" means a designated felony act [defined in paragraph (i) of subdivision eight] THAT WOULD CONSTITUTE A CLASS A FELONY IF COMMITTED BY AN ADULT. S 6. Subdivision 1 of section 302.1 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows: 1. The family court has exclusive original jurisdiction over any proceeding to determine whether a person is a juvenile delinquent COMMENCED IN FAMILY COURT AND CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR COURT OVER ANY SUCH PROCEEDING REMOVED TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW. S 7. Section 304.1 of the family court act, as added by chapter 920 of the laws of 1982, subdivision 2 as amended by chapter 419 of the laws of 1987, is amended to read as follows: S 304.1. Detention. 1. A facility certified by the state [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES as a juvenile DETENTION facility must be operated in conformity with the regulations of the state [division for youth and shall be subject to the visitation and inspection of the state board of social welfare] OFFICE OF CHILDREN AND FAMILY SERVICES. 2. No child to whom the provisions of this article may apply shall be detained in any prison, jail, lockup, or other place used for adults convicted of crime or under arrest and charged with crime without the approval of the state [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES in the case of each child and the statement of its reasons therefor. The state [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES shall promulgate and publish the rules which it shall apply in determining whether approval should be granted pursuant to this subdivi- sion. 3. [The detention of a child under ten years of age in a secure detention facility shall not be directed under any of the provisions of this article. 4.] A detention facility which receives a child under subdivision four of section 305.2 shall immediately notify the child's parent or other person legally responsible for his 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: S. 2006--A 74 A. 3006--A 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) 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 S. 2006--A 75 A. 3006--A that the child committed a delinquent act; PROVIDED, HOWEVER, THAT SUCH AGENCY MUST RELEASE THE CHILD IF: (A) SUCH EVENTS APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE THAN A VIOLATION IF COMMIT- TED BY AN ADULT; OR (B) SUCH EVENTS APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF: (I) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; (II) THE CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT; (III) THE CHILD HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT ACT ALSO DID NOT RESULT IN ANY PHYSICAL 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. 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. Paragraph (c) of subdivision 4 of section 307.4 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows: (c) the events occasioning the taking into custody appear to involve acts which constitute juvenile delinquency, unless the court finds and states facts and reasons which would support a detention order pursuant to section 320.5, OR, IN THE CASE OF A JUVENILE WHO IS CHARGED WITH AN ACT ALLEGEDLY COMMITTED WHEN HE OR SHE WAS SIXTEEN YEARS OF AGE OR OLDER THAT WOULD CONSTITUTE A CRIME IF COMMITTED BY AN ADULT, AN ORDER FOR BAIL PURSUANT TO SECTION 320.5 OF THIS ARTICLE. 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 S. 2006--A 76 A. 3006--A any person seeking to have a juvenile delinquency petition filed, the potential respondent and other interested persons concerning the advis- ability of requesting that a petition be filed IN ACCORDANCE WITH THIS SECTION. 2. (A) Except as provided in subdivisions three [and], four, AND THIR- TEEN of this section, the probation service may[, in accordance with rules of court,] ATTEMPT TO adjust [suitable cases] A CASE before a petition is filed IF THE PROBATION SERVICE DETERMINES THAT THE CASE IS SUITABLE FOR ADJUSTMENT BASED ON THE ASSESSED LEVEL OF RISK THAT THE 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 ARTICLE. (E) Nothing in this section shall prohibit the probation service or the court from directing a respondent to obtain employment and to make restitution from the earnings from such employment. Nothing in this section shall prohibit the probation service or the court from directing an eligible person to complete an education reform program in accordance with section four hundred fifty-eight-l of the social services law. 3. The probation service shall not ATTEMPT TO adjust a case THAT COMMENCED IN FAMILY COURT in which the child has allegedly committed a designated felony act THAT INVOLVES ALLEGATIONS THAT THE CHILD CAUSED PHYSICAL INJURY TO A PERSON unless [it] THE PROBATION SERVICE has received the written approval of the court. 4. The probation service shall not ATTEMPT TO adjust a case in which the child has allegedly committed a delinquent act which would be a crime defined in section 120.25, (reckless endangerment in the first degree), subdivision one of section 125.15, (manslaughter in the second degree), subdivision one of section 130.25, (rape in the third degree), subdivision one of section 130.40, (criminal sexual act in the third degree), subdivision one or two of section 130.65, (sexual abuse in the first degree), section 135.65, (coercion in the first degree), section 140.20, (burglary in the third degree), section 150.10, (arson in the third degree), section 160.05, (robbery in the third degree), subdivi- sion two, three or four of section 265.02, (criminal possession of a weapon in the third degree), section 265.03, (criminal possession of a weapon in the second degree), or section 265.04, (criminal possession of a [dangerous] weapon in the first degree) of the penal law where the child has previously had one or more adjustments of a case in which such S. 2006--A 77 A. 3006--A child allegedly committed an act which would be a crime specified in this subdivision unless it has received written approval from the court and the appropriate presentment agency. 5. The fact that a child is detained prior to the filing of a petition shall not preclude the probation service from adjusting a case; upon adjusting such a case the probation service shall notify the detention facility to release the child. 6. The probation service shall not transmit or otherwise communicate to the presentment agency any statement made by the child to a probation officer. However, the probation service may make a recommendation regarding adjustment of the case to the presentment agency and provide such information, including any report made by the arresting officer and record of previous adjustments and arrests, as it shall deem relevant. 7. No statement made to the probation service prior to the filing of a petition may be admitted into evidence at a fact-finding hearing or, if the proceeding is transferred to a criminal court, at any time prior to a conviction. 8. The probation service may not prevent any person who wishes to request that a petition be filed from having access to the appropriate presentment agency for that purpose. 9. Efforts at adjustment [pursuant to rules of court] under this section may not extend for a period of more than two months [without], OR, FOR A PERIOD OF MORE THAN FOUR MONTHS IF THE PROBATION SERVICE DETERMINES THAT ADJUSTMENT BEYOND THE FIRST TWO MONTHS IS WARRANTED BECAUSE DOCUMENTED BARRIERS TO ADJUSTMENT EXIST OR CHANGES NEED TO BE MADE TO THE CHILD'S SERVICES PLAN, EXCEPT UPON leave of the court, which may extend the ADJUSTMENT period for an additional two months. 10. If a case is not adjusted by the probation service, such service shall notify the appropriate presentment agency of that fact within forty-eight hours or the next court day, whichever occurs later. 11. The probation service may not be authorized under this section to compel any person to appear at any conference, produce any papers, or visit any place. 12. The probation service shall certify to the division of criminal justice services and to the appropriate police department or law enforcement agency whenever it adjusts a case in which the potential respondent's fingerprints were taken pursuant to section 306.1 in any manner other than the filing of a petition for juvenile delinquency for an act which, if committed by an adult, would constitute a felony, provided, however, in the case of a child [eleven or] twelve years of age, such certification shall be made only if the act would constitute a class A or B felony, OR, IN THE CASE OF A CHILD ELEVEN YEARS OF AGE, SUCH CERTIFICATION SHALL BE MADE ONLY IF THE ACT WOULD CONSTITUTE A CLASS A-1 FELONY. 13. The [provisions of this section] PROBATION SERVICE shall not [apply] ATTEMPT TO ADJUST A CASE where the petition is an order of removal to the family court pursuant to article seven hundred twenty- five of the criminal procedure law UNLESS IT HAS RECEIVED THE WRITTEN APPROVAL OF THE COURT. S 16. Paragraph (c) of subdivision 3 of section 311.1 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows: (c) the fact that the respondent is a person [under sixteen years of] OF THE NECESSARY age TO BE A JUVENILE DELINQUENT at the time of the alleged act or acts; S. 2006--A 78 A. 3006--A S 17. Subdivision 1 of section 320.5 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows: 1. At the initial appearance, the court in its discretion may (A) release the respondent [or], (B) direct his detention, OR, (C) IN THE CASE OF A RESPONDENT WHO IS CHARGED WITH AN ACT ALLEGEDLY COMMITTED WHEN HE OR SHE WAS SIXTEEN YEARS OF AGE OR OLDER THAT WOULD BE A CRIME IF COMMITTED BY AN ADULT, OR IN THE CASE OF SUCH A RESPONDENT WHOSE CASE HAS BEEN REMOVED TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW, FIX BAIL PURSUANT TO PARA- GRAPH (E) OF SUBDIVISION THREE OF THIS SECTION. S 18. Subdivision 3 of section 320.5 of the family court act is amended by adding two new paragraphs (a-1) and (e) to read as follows: (A-1) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL NOT DIRECT DETENTION IF: (I) THE EVENTS UNDERLYING THE INITIAL APPEARANCE APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE THAN A VIOLATION IF COMMITTED BY AN ADULT; OR (II) SUCH EVENTS APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF: (1) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL 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. (E) IN THE CASE OF SUCH A RESPONDENT WHO IS CHARGED WITH AN ACT ALLEGEDLY COMMITTED WHEN HE OR SHE WAS SIXTEEN YEARS OF AGE OR OLDER THAT WOULD BE A CRIME IF COMMITTED BY AN ADULT OR IN THE CASE OF SUCH A RESPONDENT WHOSE CASE HAS BEEN REMOVED TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW, IF THE COURT FINDS THAT THE RESPONDENT OTHERWISE MEETS THE CRITERIA FOR PLACE- MENT IN DETENTION AS SET FORTH IN PARAGRAPH (A) OF THIS SECTION AND THAT AVAILABLE ALTERNATIVES TO DETENTION, INCLUDING CONDITIONAL RELEASE, WOULD NOT PREVENT SUCH RISK, THE COURT MAY CONSIDER THE RESPONDENT TO BE A PRINCIPAL UNDER SUBDIVISION ONE OF SECTION 500.10 OF THE CRIMINAL PROCEDURE LAW; FIX BAIL IN ACCORDANCE WITH SECTION 510.30 OF THE CRIMI- NAL PROCEDURE LAW, AND ORDER BAIL IN ACCORDANCE WITH SECTION 530.10 OF THE CRIMINAL PROCEDURE LAW AND THE RESPONDENT MAY POST BAIL IN ACCORD- ANCE WITH, AND OTHERWISE BE SUBJECT TO THE APPLICABLE PROVISIONS OF, TITLE P OF SUCH LAW. 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] PERSONS WITH developmental disabilities for an initial period not to exceed one year from the date of such order. Such period may be extended annually upon further appli- S. 2006--A 79 A. 3006--A cation to the court by the commissioner having custody or his or her designee. Such application must be made not more than sixty days prior to the expiration of such period on forms that have been prescribed by the chief administrator of the courts. At that time, the commissioner must give written notice of the application to the respondent, the coun- sel representing the respondent and the mental hygiene legal service if the respondent is at a residential facility. Upon receipt of such appli- cation, the court must conduct a hearing to determine the issue of capacity. If, at the conclusion of a hearing conducted pursuant to this subdivision, the court finds that the respondent is no longer incapaci- tated, he or she shall be returned to the family court for further proceedings pursuant to this article. If the court is satisfied that the respondent continues to be incapacitated, the court shall authorize continued custody of the respondent by the commissioner for a period not to exceed one year. Such extensions shall not continue beyond a reason- able period of time necessary to determine whether the respondent will attain the capacity to proceed to a fact finding hearing in the foresee- able future but in no event shall continue beyond the respondent's eigh- teenth birthday OR, IF THE RESPONDENT WAS AT LEAST SIXTEEN YEARS OF AGE WHEN THE ACT WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST BIRTH- DAY. (b) If a respondent is in the custody of the commissioner upon the respondent's eighteenth birthday, OR IF THE RESPONDENT WAS AT LEAST SIXTEEN YEARS OF AGE WHEN THE ACT RESULTING IN THE RESPONDENT'S PLACE- MENT WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST BIRTHDAY, the commissioner shall notify the clerk of the court that the respondent was in his custody on such date and the court shall dismiss the petition. (c) If the court finds that there is probable cause to believe that the respondent has committed a designated felony act, the court shall require that treatment be provided in a residential facility within the appropriate office of the department of mental hygiene. (d) The commissioner shall review the condition of the respondent within forty-five days after the respondent is committed to the custody of the commissioner. He or she shall make a second review within ninety days after the respondent is committed to his or her custody. Thereaft- er, he or she shall review the condition of the respondent every ninety days. The respondent and the counsel for the respondent, shall be noti- fied of any such review and afforded an opportunity to be heard. The commissioner having custody shall apply to the court for an order dismissing the petition whenever he or she determines that there is a substantial probability that the respondent will continue to be incapac- itated for the foreseeable future. At the time of such application the commissioner must give written notice of the application to the respond- ent, the presentment agency and the mental hygiene legal service if the respondent is at a residential facility. Upon receipt of such applica- tion, the court may on its own motion conduct a hearing to determine whether there is substantial probability that the respondent will 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 5 as added by chapter 920 of the laws of 1982, is amended to read as follows: S. 2006--A 80 A. 3006--A 1. At the initial appearance, if the respondent denies a charge contained in the petition and the court determines IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 320.5 OF THIS PART that [he] THE RESPONDENT shall be detained for more than three days pending a fact-finding hear- ing, the court shall schedule a probable-cause hearing to determine the issues specified in section 325.3 OF THIS PART. 5. Where the petition consists of an order of removal pursuant to article seven hundred twenty-five of the criminal procedure law, unless the removal was pursuant to subdivision three of section 725.05 of such law and the respondent was not afforded a probable cause hearing pursu- ant to subdivision [three] TWO of section [180.75] 722.20 of such law [for a reason other than his waiver thereof pursuant to subdivision two of section 180.75 of such law], the petition shall be deemed to be based upon a determination that probable cause exists to believe the respond- ent is a juvenile delinquent and the respondent shall not be entitled to any further inquiry on the subject of whether probable cause exists. After the filing of any such petition the court must, however, exercise independent, de novo discretion with respect to release or detention as set forth in section 320.5. S 21. Subdivisions 1 and 2 of section 340.2 of the family court act, as added by chapter 920 of the laws of 1982, are amended to read as follows: 1. [The] EXCEPT WHEN AUTHORIZED IN ACCORDANCE WITH SECTION 346.1 OF THIS PART INVOLVING A CASE REMOVED TO FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW, THE judge who presides at the commencement of the fact-finding hearing shall continue to preside until such hearing is concluded and an order entered pursuant to section 345.1 OF THIS PART unless a mistrial is declared. 2. The judge who presides at the fact-finding hearing or accepts an admission pursuant to section 321.3 OF THIS ARTICLE shall preside at any other subsequent hearing in the proceeding, including but not limited to the dispositional hearing EXCEPT WHERE THE CASE IS REMOVED TO FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW AFTER A FACT-FINDING HEARING HAS OCCURRED. S 22. Paragraph (a) of subdivision 2 of section 352.2 of the family court act, as amended by chapter 880 of the laws of 1985, is amended to read as follows: (a) In determining an appropriate order the court shall consider the needs and best interests of the respondent as well as the need for protection of the community. If the respondent has committed a desig- nated felony act the court shall determine the appropriate disposition in accord with section 353.5. In all other cases the court shall order the least restrictive available alternative enumerated in subdivision one OF THIS SECTION which is consistent with the needs and best inter- ests of the respondent and the need for protection of the community; PROVIDED, HOWEVER, THAT THE COURT SHALL NOT DIRECT THE PLACEMENT OF A RESPONDENT WITH A COMMISSIONER OF SOCIAL SERVICES OR THE OFFICE OF CHIL- DREN AND FAMILY SERVICES IF: (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; S. 2006--A 81 A. 3006--A (2) THE RESPONDENT DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT; (3) THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND (4) THE RESPONDENT WAS ASSESSED AT A LOW RISK ON THE APPLICABLE PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES UNLESS THE COURT DETERMINES THAT SUCH A PLACEMENT IS NECESSARY BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMI- NENT RISK TO PUBLIC SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION IN THE COURT ORDER. S 23. Paragraph (a) of subdivision 1 and paragraphs (f) and (h) of subdivision 2 of section 353.2 of the family court act, paragraph (a) of subdivision 1 as added by chapter 920 of the laws of 1982, paragraphs (f) and (h) of subdivision 2 as amended by chapter 124 of the laws of 1993, are amended to read as follows: (a) placement of respondent is not or may not be necessary OR ALLOW- ABLE; (f) make restitution or perform services for the public good pursuant to section 353.6, provided the respondent is over [ten] TWELVE years of age; (h) comply with such other reasonable conditions as the court shall determine to be necessary or appropriate to ameliorate the conduct which gave rise to the filing of the petition or to prevent placement with the commissioner of social services or the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES. S 23-a. Subdivision 3 of section 353.2 of the family court act, as added by chapter 920 of the laws of 1982, paragraph (f) as amended by chapter 465 of the laws of 1992, is amended to read as follows: 3. When ordering a period of probation, the court may, as a condition of such order, further require that the respondent: (a) meet with a probation officer when directed to do so by that offi- cer and permit the officer to visit the respondent at home or elsewhere; (b) permit the probation officer to obtain information from any person or agency from whom respondent is receiving or was directed to receive diagnosis, treatment or counseling; (c) permit the probation officer to obtain information from the respondent's school; (d) co-operate with the probation officer in seeking to obtain and in accepting employment, and supply records and reports of earnings to the officer when requested to do so; AND (e) obtain permission from the probation officer for any absence from respondent's residence in excess of two weeks[; and (f) with the consent of the division for youth, spend a specified portion of the probation period, not exceeding one year, in a non-secure facility provided by the division for youth pursuant to article nine- teen-G of the executive law]. S 24. Subparagraph (iii) of paragraph (a) and paragraph (d) of subdi- vision 4 of section 353.5 of the family court act, as amended by section 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 S. 2006--A 82 A. 3006--A four hundred four of the social services law FOR AN ACT COMMITTED WHEN THE RESPONDENT WAS UNDER SIXTEEN YEARS OF AGE, once the time frames in subparagraph (ii) of this paragraph are met: (d) Upon the expiration of the initial period of placement, or any extension thereof, the placement may be extended in accordance with section 355.3 on a petition of any party or the office of children and family services, or, if applicable, a social services district operating an approved juvenile justice services close to home initiative pursuant to section four hundred four of the social services law, after a dispo- sitional hearing, for an additional period not to exceed twelve months, but no initial placement or extension of placement under this section may continue beyond the respondent's twenty-first birthday, OR, FOR AN ACT THAT WAS COMMITTED WHEN THE RESPONDENT WAS SIXTEEN YEARS OF AGE OR OLDER, THE RESPONDENT'S TWENTY-THIRD BIRTHDAY. S 25. Paragraph (d) of subdivision 4 of section 353.5 of the family court act, as amended by chapter 398 of the laws of 1983, is amended to read as follows: (d) Upon the expiration of the initial period of placement, or any extension thereof, the placement may be extended in accordance with section 355.3 on a petition of any party or the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES after a dispositional hearing, for an additional period not to exceed twelve months, but no initial placement or extension of placement under this section may continue beyond the respondent's twenty-first birthday, OR, FOR AN ACT THAT WAS COMMITTED WHEN THE RESPONDENT WAS SIXTEEN YEARS OF AGE OR OLDER, THE RESPONDENT'S TWENTY-THIRD BIRTHDAY. S 26. The opening paragraph of subdivision 1 of section 353.6 of the family court act, as amended by chapter 877 of the laws of 1983, is amended to read as follows: At the conclusion of the dispositional hearing in cases involving respondents over [ten] TWELVE years of age the court may: S 27. Section 354.1 of the family court act, as added by chapter 920 of the laws of 1982, subdivisions 2, 6, and 7 as amended by chapter 645 of the laws of 1996, subdivisions 4 and 5 as amended by chapter 398 of the laws of 1983, is amended to read as follows: S 354.1. Retention and destruction of fingerprints of persons alleged to be juvenile delinquents. 1. If a person whose fingerprints, palm- prints or photographs were taken pursuant to section 306.1 or was initially fingerprinted as a juvenile offender and the action is subse- quently removed to a family court pursuant to article seven hundred twenty-five of the criminal procedure law is adjudicated to be a juve- nile delinquent for a felony, the family court shall forward or cause to be forwarded to the division of criminal justice services notification of such adjudication and such related information as may be required by such division, provided, however, in the case of a person eleven [or twelve] years of age such notification shall be provided only if the act upon which the adjudication is based would constitute a class [A or B] A-1 felony OR, IN THE CASE OF A PERSON TWELVE YEARS OF AGE, SUCH NOTIFI- 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 S. 2006--A 83 A. 3006--A the case of acts committed when such person was eleven [or twelve] years of age which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE OF ACTS COMMITTED WHEN SUCH PERSON WAS TWELVE YEARS OF AGE WHICH WOULD CONSTITUTE A CLASS A OR B FELONY ONLY, all such finger- prints, palmprints, photographs, and copies thereof, and all information relating to such allegations obtained by the division of criminal justice services pursuant to section 306.1 shall be destroyed forthwith. The clerk of the court shall notify the commissioner of the division of criminal justice services and the heads of all police departments and law enforcement agencies having copies of such records, who shall destroy such records without unnecessary delay. 3. If the appropriate presentment agency does not originate a proceed- ing under section 310.1 for a case in which the potential respondent's fingerprints were taken pursuant to section 306.1, the presentment agen- cy shall serve a certification of such action upon the division of crim- inal justice services, and upon the appropriate police department or law enforcement agency. 4. If, following the taking into custody of a person alleged to be a juvenile delinquent and the taking and forwarding to the division of criminal justice services of such person's fingerprints but prior to referral to the probation department or to the family court, an officer or agency, elects not to proceed further, such officer or agency shall serve a certification of such election upon the division of criminal justice services. 5. Upon certification pursuant to subdivision twelve of section 308.1 or subdivision three or four of this section, the department or agency shall destroy forthwith all fingerprints, palmprints, photographs, and copies thereof, and all other information obtained in the case pursuant to section 306.1. Upon receipt of such certification, the division of criminal justice services and all police departments and law enforcement agencies having copies of such records shall destroy them. 6. If a person fingerprinted pursuant to section 306.1 and subsequent- ly adjudicated a juvenile delinquent for a felony, but in the case of acts committed when such a person was eleven [or twelve] years of age which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD CONSTITUTE A CLASS A OR B FELONY ONLY, is subsequently convicted of a crime, all fingerprints and related information obtained by the division of criminal justice services pursuant to such section and not destroyed pursuant to subdivisions two, five and seven or subdivision twelve of section 308.1 shall become part of such division's permanent adult crim- inal record for that person, notwithstanding section 381.2 or 381.3. 7. When a person fingerprinted pursuant to section 306.1 and subse- quently adjudicated a juvenile delinquent for a felony, but in the case of acts committed when such person was eleven [or twelve] years of age which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD CONSTITUTE A CLASS A OR B FELONY ONLY, reaches the age of twenty-one, or 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 S. 2006--A 84 A. 3006--A notify the agency or agencies which forwarded fingerprints to such divi- sion pursuant to section 306.1 of their obligation to destroy those records in their possession. In the case of a pending criminal action which does not terminate in a criminal conviction, such records shall be destroyed forthwith upon such determination. S 28. Subdivisions 1 and 6 of section 355.3 of the family court act, subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision 6 as amended by chapter 663 of the laws of 1985, are amended to read as follows: 1. In any case in which the respondent has been placed pursuant to section 353.3 the respondent, the person with whom the respondent has been placed, the commissioner of social services, or the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES may petition the court to extend such placement. Such petition shall be filed at least sixty days prior to the expiration of the period of placement, except for good cause shown but in no event shall such petition be filed after the original expiration date. 6. Successive extensions of placement under this section may be grant- ed, but no placement may be made or continued beyond the respondent's eighteenth birthday without the child's consent FOR ACTS COMMITTED BEFORE THE RESPONDENT'S SIXTEENTH BIRTHDAY and in no event past the child's twenty-first birthday EXCEPT AS PROVIDED FOR IN SUBDIVISION FOUR OF SECTION 353.5. S 29. Subdivision 5 of section 355.4 of the family court act, as added by chapter 479 of the laws of 1992, is amended to read as follows: 5. Nothing in this section shall: REQUIRE THAT CONSENT BE OBTAINED FROM THE YOUTH'S PARENT OR LEGAL GUARDIAN TO ANY MEDICAL, DENTAL, OR MENTAL HEALTH SERVICE AND TREATMENT WHEN NO CONSENT IS NECESSARY OR THE YOUTH IS AUTHORIZED BY LAW TO CONSENT ON HIS OR HER OWN BEHALF; preclude a youth from consenting on his or her own behalf to any medical, dental or mental health service and treatment where otherwise authorized by law to do so[, or the division for youth]; OR PRECLUDE THE OFFICER OF CHIL- DREN AND FAMILY SERVICES OR A SOCIAL SERVICES DISTRICT from petitioning the court pursuant to section two hundred thirty-three of this act, as appropriate. S 30. Paragraph (b) of subdivision 3 of section 355.5 of the family court act, as amended by chapter 145 of the laws of 2000, is amended to read as follows: (b) subsequent permanency hearings shall be held no later than every twelve months following the respondent's initial twelve months in place- ment BUT IN NO EVENT PAST THE RESPONDENT'S TWENTY-FIRST BIRTHDAY; provided, however, that they shall be held in conjunction with an exten- sion of placement hearing held pursuant to section 355.3 of this [arti- cle] PART. S 31. Subdivisions 2 and 6 of section 360.3 of the family court act, as added by chapter 920 of the laws of 1982, are amended to read as follows: 2. At the time of his first appearance following the filing of a peti- tion of violation the court must: (a) advise the respondent of the contents of the petition and furnish him with a copy thereof; (b) deter- mine whether the respondent should be released or detained pursuant to section 320.5, PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE A RESPONDENT TO BE DETAINED FOR A VIOLATION OF A CONDITION THAT WOULD NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETERMINES (I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFE- TY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE S. 2006--A 85 A. 3006--A RESPONDENT IS ON PROBATION FOR AN ACT THAT WOULD CONSTITUTE A VIOLENT FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN ADULT AND THE USE OF GRADUATED SANCTIONS HAVE BEEN EXHAUSTED WITHOUT SUCCESS; and (c) ask the respondent whether he wishes to make any state- ment with respect to the violation. If the respondent makes a statement, the court may accept it and base its decision thereon; the provisions of subdivision two of section 321.3 shall apply in determining whether a statement should be accepted. If the court does not accept such state- ment or if the respondent does not make a statement, the court shall proceed with the hearing. Upon request, the court shall grant a reason- able adjournment to the respondent to enable him to prepare for the hearing. 6. At the conclusion of the hearing the court may revoke, continue or modify the order of probation or conditional discharge. If the court revokes the order, it shall order a different disposition pursuant to section 352.2, PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE THE PLACEMENT OF A RESPONDENT FOR A VIOLATION OF A CONDITION THAT WOULD NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETER- MINES (I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFETY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE RESPONDENT IS ON PROBATION FOR AN ACT THAT WOULD CONSTITUTE A VIOLENT FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN ADULT AND THE USE OF GRADUATED SANCTIONS HAVE BEEN EXHAUSTED WITHOUT SUCCESS. If the court continues the order of probation or conditional discharge, it shall dismiss the petition of violation. S 32. Section 712 of the family court act, as amended by chapter 920 of the laws of 1982, subdivision (a) as amended by section 7 of part G of chapter 58 of the laws of 2010, subdivision (b) as amended by chapter 465 of the laws of 1992, subdivision (g) as amended by section 2 of part B of chapter 3 of the laws of 2005, subdivision (h) as added by chapter 7 of the laws of 1999, subdivision (i) as amended and subdivisions (j), (k), (l) and (m) as added by chapter 38 of the laws of 2014, is amended to read as follows: S 712. Definitions. As used in this article, the following terms shall have the following meanings: (a) "Person in need of supervision". A person less than eighteen years of age who does not attend school in accordance with the provisions of part one of article sixty-five of the education law or who is incorrigi- ble, ungovernable or habitually disobedient and beyond the lawful control of a parent or other person legally responsible for such child's care, or other lawful authority, or who violates the provisions of section 221.05 or 230.00 of the penal law, or who appears to be a sexu- ally exploited child as defined in paragraph (a), (c) or (d) of subdivi- sion one of section four hundred forty-seven-a of the social services law, but only if the child consents to the filing of a petition under this article. (b) ["Detention". The temporary care and maintenance of children away from their own homes as defined in section five hundred two of the exec- utive law. (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 S. 2006--A 86 A. 3006--A 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 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 33. The part heading of part 2 of article 7 of the family court act is amended to read as follows: CUSTODY [AND DETENTION] S 34. Section 720 of the family court act, as amended by chapter 419 of the laws of 1987, subdivision 3 as amended by section 9 of subpart B of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by S. 2006--A 87 A. 3006--A section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c) of subdivision 5 as added by section 8 of part G of chapter 58 of the laws of 2010, is added to read as follows: S 720. Detention PRECLUDED. [1.] THE DETENTION OF A CHILD SHALL NOT BE DIRECTED UNDER ANY OF THE PROVISIONS OF THIS ARTICLE, EXCEPT AS OTHER- WISE AUTHORIZED BY THE INTERSTATE COMPACT ON JUVENILES. No child to whom the provisions of this article may apply, shall be detained in any pris- on, jail, lockup, or other place used for adults convicted of crime or under arrest and charged with a crime. [2. The detention of a child in a secure detention facility shall not be directed under any of the provisions of this article. 3. Detention of a person alleged to be or adjudicated as a person in need of supervision shall, except as provided in subdivision four of this section, be authorized only in a foster care program certified by the office of children and family services, or a certified or approved family boarding home, or a non-secure detention facility certified by the office and in accordance with section seven hundred thirty-nine of this article. The setting of the detention shall take into account (a) the proximity to the community in which the person alleged to be or adjudicated as a person in need of supervision lives with such person's parents or to which such person will be discharged, and (b) the existing educational setting of such person and the proximity of such setting to the location of the detention setting. 4. Whenever detention is authorized and ordered pursuant to this arti- cle, for a person alleged to be or adjudicated as a person in need of supervision, a family court in a city having a population of one million or more shall, notwithstanding any other provision of law, direct detention in a foster care facility established and maintained pursuant to the social services law. In all other respects, the detention of such a person in a foster care facility shall be subject to the identical terms and conditions for detention as are set forth in this article and in section two hundred thirty-five of this act. 5. (a) The court shall not order or direct detention under this arti- cle, unless the court determines that there is no substantial likelihood that the youth and his or her family will continue to benefit from diversion services and that all available alternatives to detention have been exhausted; and (b) Where the youth is sixteen years of age or older, the court shall not order or direct detention under this article, unless the court determines and states in its order that special circumstances exist to warrant such detention. (c) If the respondent may be a sexually exploited child as defined in subdivision one of section four hundred forty-seven-a of the social services law, the court may direct the respondent to an available short- term safe house as defined in subdivision two of section four hundred forty-seven-a of the social services law as an alternative to detention.] S 35. Section 727 of the family court act is REPEALED. S 36. Section 728 of the family court act, subdivision (a) as amended by chapter 41 of the laws of 2010, subdivision (b) as amended by chapter 419 of the laws of 1987, subdivision (d) as added by chapter 145 of the laws of 2000, paragraph (i) as added and paragraph (ii) of subdivision (d) as renumbered by section 5 of part E of chapter 57 of the laws of 2005, and paragraph (iii) as amended and paragraph (iv) of subdivision (d) as added by section 10 of subpart B of part Q of chapter 58 of the laws of 2011, is amended to read as follows: S. 2006--A 88 A. 3006--A S 728. Discharge[,] OR release [or detention] by judge after hearing and before filing of petition in custody cases. (a) If a child in custody is brought before a judge of the family court before a petition is filed, the judge shall hold a hearing for the purpose of making a preliminary determination of whether the court appears to have jurisdic- tion over the child. At the commencement of the hearing, the judge shall advise the child of his or her right to remain silent, his or her right to be represented by counsel of his or her own choosing, and of the right to have an attorney assigned in accord with part four of article two of this act. The judge must also allow the child a reasonable time to send for his or her parents or other person or persons legally responsible for his or her care, and for counsel, and adjourn the hear- ing for that purpose. (b) After hearing, the judge shall order the release of the child to the custody of his parent or other person legally responsible for his care if the court does not appear to have jurisdiction. (c) An order of release under this section may, but need not, be conditioned upon the giving of a recognizance in accord with [sections] SECTION seven hundred twenty-four (b) (i). [(d) Upon a finding of facts and reasons which support a detention order pursuant to this section, the court shall also determine and state in any order directing detention: (i) that there is no substantial likelihood that the youth and his or her family will continue to benefit from diversion services and that all available alternatives to detention have been exhausted; and (ii) whether continuation of the child in the child's home would be contrary to the best interests of the child based upon, and limited to, the facts and circumstances available to the court at the time of the hearing held in accordance with this section; and (iii) where appropriate, whether reasonable efforts were made prior to the date of the court hearing that resulted in the detention order, to prevent or eliminate the need for removal of the child from his or her home or, if the child had been removed from his or her home prior to the court appearance pursuant to this section, where appropriate, whether reasonable efforts were made to make it possible for the child to safely return home; and (iv) whether the setting of the detention takes into account the prox- imity to the community in which the person alleged to be or adjudicated as a person in need of supervision lives with such person's parents or to which such person will be discharged, and the existing educational setting of such person and the proximity of such setting to the location of the detention setting.] S 37. Section 729 of the family court act is REPEALED. S 38. Section 735 of the family court act, as added by section 7 of part E of chapter 57 of the laws of 2005, subdivision (b) as amended by chapter 38 of the laws of 2014, and paragraph (i) of subdivision (d) as amended by chapter 535 of the laws of 2011, is amended to read as follows: S 735. Preliminary procedure; diversion services. (a) Each county and any city having a population of one million or more shall offer diver- sion services as defined in section seven hundred twelve of this article to youth who are at risk of being the subject of a person in need of supervision petition. Such services shall be designed to provide an immediate response to families in crisis[, to identify and utilize appropriate alternatives to detention] and to divert youth from being the subject of a petition in family court. Each county and such city S. 2006--A 89 A. 3006--A shall designate either the local social services district or the probation department as lead agency for the purposes of providing diver- sion services. (b) The designated lead agency shall: (i) confer with any person seeking to file a petition, the youth who may be a potential respondent, his or her family, and other interested persons, concerning the provision of diversion services before any peti- tion may be filed; and (ii) diligently attempt to prevent the filing of a petition under this article or, after the petition is filed, to prevent the placement of the youth [into foster care] IN ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE; and (iii) assess whether the youth would benefit from residential respite services; and (iv) ASSESS WHETHER THE YOUTH IS A SEXUALLY EXPLOITED CHILD AS DEFINED IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW AND, IF SO, WHETHER SUCH YOUTH SHOULD BE REFERRED TO A SAFE HOUSE; AND (V) determine whether [alternatives to detention are appropriate to avoid remand of the youth to detention] THE YOUTH AND HIS OR HER FAMILY SHOULD BE REFERRED TO AN AVAILABLE FAMILY SUPPORT CENTER; and [(v)] (VI) determine whether an assessment of the youth for substance use disorder by an office of alcoholism and substance abuse services certified provider is necessary when a person seeking to file a petition alleges in such petition that the youth is suffering from a substance use disorder which could make the youth a danger to himself or herself or others. Provided, however, that notwithstanding any other provision of law to the contrary, the designated lead agency shall not be required to pay for all or any portion of the costs of such assessment or for any substance use disorder or detoxification services, except in cases where medical assistance for needy persons may be used to pay for all or any portion of the costs of such assessment or services. The office of alco- holism and substance abuse services shall make a list of its certified providers available to the designated lead agency. (c) Any person or agency seeking to file a petition pursuant to this article which does not have attached thereto the documentation required by subdivision (g) of this section shall be referred by the clerk of the court to the designated lead agency which shall schedule and hold, on reasonable notice to the potential petitioner, the youth and his or her parent or other person legally responsible for his or her care, at least one conference in order to determine the factual circumstances and determine whether the youth and his or her family should receive diver- sion services pursuant to this section. Diversion services shall include clearly documented diligent attempts to provide appropriate services to the youth and his or her family unless it is determined that there is no substantial likelihood that the youth and his or her family will benefit from further diversion attempts. Notwithstanding the provisions of section two hundred sixteen-c of this act, the clerk shall not accept for filing under this part any petition that does not have attached thereto the documentation required by subdivision (g) of this section. (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, S. 2006--A 90 A. 3006--A for up to twenty-one days, of a residential respite program, if the youth and his or her parent or other person legally responsible for his or her care agree, and the availability of other non-residential crisis intervention programs such as A FAMILY SUPPORT CENTER, family crisis counseling or alternative dispute resolution programs or an educational program as defined in section four hundred fifty-eight-l of the social services law. (ii) scheduling and holding at least one conference with the youth and his or her family and the person or representatives of the entity seek- ing to file a petition under this article concerning alternatives to filing a petition and services that are available. Diversion services shall include clearly documented diligent attempts to provide appropri- ate services to the youth and his or her family before it may be deter- mined that there is no substantial likelihood that the youth and his or her family will benefit from further attempts. (iii) where the entity seeking to file a petition is a school district or local educational agency, the designated lead agency shall review the steps taken by the school district or local educational agency to improve the youth's attendance and/or conduct in school and attempt to engage the school district or local educational agency in further diver- sion attempts, if it appears from review that such attempts will be beneficial to the youth. (e) The designated lead agency shall maintain a written record with respect to each youth and his or her family for whom it considers providing or provides diversion services pursuant to this section. The record shall be made available to the court at or prior to the initial appearance of the youth in any proceeding initiated pursuant to this article. (f) Efforts to prevent the filing of a petition pursuant to this section may extend until the designated lead agency determines that there is no substantial likelihood that the youth and his or her family will benefit from further attempts. Efforts at diversion pursuant to this section may continue after the filing of a petition where the designated lead agency determines that the youth and his or her family will benefit from further attempts to prevent PLACEMENT OF the youth [from entering foster care] IN ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE. (g) (i) The designated lead agency shall promptly give written notice to the potential petitioner whenever attempts to prevent the filing of a petition have terminated, and shall indicate in such notice whether efforts were successful. The notice shall also detail the diligent attempts made to divert the case if a determination has been made that there is no substantial likelihood that the youth will benefit from further attempts. No persons in need of supervision petition may be filed pursuant to this article during the period the designated lead agency is providing diversion services. A finding by the designated lead agency that the case has been successfully diverted shall constitute presumptive evidence that the underlying allegations have been success- fully resolved in any petition based upon the same factual allegations. 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: S. 2006--A 91 A. 3006--A (A) if the potential petitioner is the parent or other person legally responsible for the youth, a notice from the designated lead agency indicating there is no bar to the filing of the petition as the poten- tial petitioner consented to and actively participated in diversion services; and (B) a notice from the designated lead agency stating that it has terminated diversion services because it has determined that there is no substantial likelihood that the youth and his or her family will benefit from further attempts, and that the case has not been successfully diverted. (h) No statement made to the designated lead agency or to any agency or organization to which the potential respondent, prior to the filing of the petition, or if the petition has been filed, prior to the time the respondent has been notified that attempts at diversion will not be made or have been terminated, or prior to the commencement of a fact- finding hearing if attempts at diversion have not terminated previously, may be admitted into evidence at a fact-finding hearing or, if the proceeding is transferred to a criminal court, at any time prior to a conviction. S 39. Section 739 of the family court act, as amended by chapter 920 of the laws of 1982, subdivision (a) as amended by section 10 of part G of chapter 58 of the laws of 2010, subdivision (c) as added by chapter 145 of the laws of 2000, is amended to read as follows: S 739. Release or [detention] REFERRAL after filing of petition and prior to order of disposition. [(a)] After the filing of a petition under section seven hundred thirty-two of this part, the court in its discretion may release the respondent [or direct his or her detention]. If the respondent may be a sexually exploited child as defined in subdi- vision one of section four hundred forty-seven-a of the social services law, the court may direct the respondent to an available short-term safe house [as an alternative to detention. However, the court shall not direct detention unless it finds and states the facts and reasons for so finding that unless the respondent is detained there is a substantial probability that the respondent will not appear in court on the return date and all available alternatives to detention have been exhausted. (b) Unless the respondent waives a determination that probable cause exists to believe that he is a person in need of supervision, no detention under this section may last more than three days (i) unless the court finds, pursuant to the evidentiary standards applicable to a hearing on a felony complaint in a criminal court, that such probable cause exists, or (ii) unless special circumstances exist, in which cases such detention may be extended not more than an additional three days exclusive of Saturdays, Sundays and public holidays. (c) Upon a finding of facts and reasons which support a detention order pursuant to subdivision (a) of this section, the court shall also determine and state in any order directing detention: (i) whether continuation of the respondent in the respondent's home would be contrary to the best interests of the respondent based upon, and limited to, the facts and circumstance available to the court at the time of the court's determination in accordance with this section; and (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 S. 2006--A 92 A. 3006--A appropriate, whether reasonable efforts were made to make it possible for the respondent to safely return home]. S 40. Section 741-a of the family court act, as amended by section 3 of part B of chapter 327 of the laws of 2007, is amended to read as follows: S 741-a. Notice and right to be heard. The foster parent caring for [the child] A SEXUALLY EXPLOITED CHILD PLACED IN ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE or any pre-adoptive parent or relative providing care for the respondent shall be provided with notice of any permanency hearing held pursuant to this article by the social services official. Such foster parent, pre-adoptive parent or relative shall have the right to be heard at any such hearing; provided, however, no such foster parent, pre-adoptive parent or relative shall be construed to be a party to the hearing solely on the basis of such notice and right to be heard. The failure of the foster parent, pre-a- doptive parent, or relative caring for the child to appear at a perman- ency hearing shall constitute a waiver of the right to be heard and such failure to appear shall not cause a delay of the permanency hearing nor shall such failure to appear be a ground for the invalidation of any order issued by the court pursuant to this section. S 41. Section 747 of the family court act is REPEALED. S 42. Section 748 of the family court act is REPEALED. S 43. Subdivision (b) of section 749 of the family court act, as amended by chapter 806 of the laws of 1973, is amended to read as follows: (b) On its own motion, the court may adjourn the proceedings on conclusion of a fact-finding hearing or during a dispositional hearing to enable it to make inquiry into the surroundings, conditions and capacities of the respondent. An [adjournment on the court's motion may not be for a period of more than ten days if the respondent is detained, in which case not more than a total of two such adjournments may be granted in the absence of special circumstances. If the respondent is not detained, an] adjournment may be for a reasonable time, but the total number of adjourned days may not exceed two months. S 44. Paragraph (a) of subdivision 2 of section 754 of the family court act, as amended by chapter 7 of the laws of 1999, is amended to read as follows: (a) The order shall state the court's reasons for the particular disposition. If the court places the child in accordance with section seven hundred fifty-six of this part, the court in its order shall determine: (i) whether continuation in the child's home would be contra- ry to the best interest of the child and where appropriate, that reason- able efforts were made prior to the date of the dispositional hearing held pursuant to this article to prevent or eliminate the need for removal of the child from his or her home and, if the child was removed from his or her home prior to the date of such hearing, that such removal was in the child's best interest and, where appropriate, reason- able efforts were made to make it possible for the child to return safe- ly home. If the court determines that reasonable efforts to prevent or eliminate the need for removal of the child from the home were not made but that the lack of such efforts was appropriate under the circum- stances, the court order shall include such a finding; and (ii) in the case of a child who has attained the age of sixteen, the services need- ed, if any, to assist the child to make the transition from foster care to independent living. [Nothing in this subdivision shall be construed S. 2006--A 93 A. 3006--A to modify the standards for directing detention set forth in section seven hundred thirty-nine of this article.] S 45. Section 756 of the family court act, as amended by chapter 920 of the laws of 1982, paragraph (i) of subdivision (a) as amended by chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii) of subdivision (a) as amended by section 11 of part G of chapter 58 of the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of 1999, and subdivision (c) as amended by section 10 of part E of chapter 57 of the laws of 2005, is amended to read as follows: S 756. Placement. (a) (i) For purposes of section seven hundred fifty-four, the court may place the child in its own home or in the custody of a suitable relative or other suitable private person [or a commissioner of social services], subject to the orders of the court. (ii) [Where the child is placed] IF THE COURT FINDS THAT THE RESPOND- ENT IS A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE COURT MAY PLACE THE CHILD with the commissioner of the local social services district[, the court] AND may direct the commissioner to place the child with an authorized agency or class of authorized agencies, including[, if the court finds that the respondent is a sexually exploited child as defined in subdivision one of section four hundred forty-seven-a of the social services law,] an available long-term safe house. Unless the dispositional order provides otherwise, the court so directing shall include one of the following alternatives to apply in the event that the commissioner is unable to so place the child: (1) the commissioner shall apply to the court for an order to stay, modify, set aside, or vacate such directive pursuant to the provisions of section seven hundred sixty-two or seven hundred sixty-three; or (2) the commissioner shall return the child to the family court for a new dispositional hearing and order. (b) Placements under this section may be for an initial period of twelve months. The court may extend a placement pursuant to section seven hundred fifty-six-a. In its discretion, the court may recommend restitution or require services for public good pursuant to section seven hundred fifty-eight-a in conjunction with an order of placement. For the purposes of calculating the initial period of placement, such placement shall be deemed to have commenced sixty days after the date the child was removed from his or her home in accordance with the provisions of this article. [If the respondent has been in detention pending disposition, the initial period of placement ordered under this section shall be credited with and diminished by the amount of time spent by the respondent in detention prior to the commencement of the placement unless the court finds that all or part of such credit would not serve the best interests of the respondent. (c) A placement pursuant to this section with the commissioner of social services shall not be directed in any detention facility, but the court may direct detention pending transfer to a placement authorized and ordered under this section for no more than than fifteen days after such order of placement is made. Such direction shall be subject to extension pursuant to subdivision three of section three hundred nine- ty-eight of the social services law, upon written documentation to the office of children and family services that the youth is in need of specialized treatment or placement and the diligent efforts by the commissioner of social services to locate an appropriate placement.] S 46. Section 758-a of the family court act, as amended by chapter 73 of the laws of 1979, subdivision 1 as amended by chapter 4 of the laws S. 2006--A 94 A. 3006--A of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the laws of 2007, subdivision 2 as amended by chapter 309 of the laws of 1996, and subdivision 3 as separately amended by chapter 568 of the laws of 1979, is amended to amended to read as follows: S 758-a. Restitution. 1. In cases involving acts of [infants] CHILDREN over [ten] TWELVE and less than [sixteen] EIGHTEEN years of age, the court may (a) recommend as a condition of placement, or order as a condition of probation or suspended judgment, restitution in an amount representing a fair and reasonable cost to replace the property or repair the damage caused by the [infant] CHILD, not, however, to exceed one thousand dollars. [In the case of a placement, the court may recommend that the infant pay out of his or her own funds or earnings the amount of replacement or damage, either in a lump sum or in periodic payments in amounts set by the agency with which he is placed, and in the case of probation or suspended judgment, the] THE court may require that the [infant] CHILD pay out of his or her own funds or earnings the amount of replacement or damage, either in a lump sum or in periodic payments in amounts set by the court; and/or (b) order as a condition of placement, probation, or suspended judg- ment, services for the public good including in the case of a crime involving willful, malicious, or unlawful damage or destruction to real or personal property maintained as a cemetery plot, grave, burial place, or other place of interment of human remains, services for the mainte- nance and repair thereof, taking into consideration the age and physical condition of the [infant] CHILD. 2. [If the court recommends restitution or requires services for the public good in conjunction with an order of placement pursuant to section seven hundred fifty-six, the placement shall be made only to an authorized agency which has adopted rules and regulations for the super- vision of such a program, which rules and regulations shall be subject to the approval of the state department of social services. Such rules and regulations shall include, but not be limited to provisions (i) assuring that the conditions of work, including wages, meet the stand- ards therefor prescribed pursuant to the labor law; (ii) affording coverage to the child under the workers' compensation law as an employee of such agency, department or institution; (iii) assuring that the enti- ty receiving such services shall not utilize the same to replace its regular employees; and (iv) providing for reports to the court not less frequently than every six months, unless the order provides otherwise. 3.] If the court requires restitution or services for the public good [as a condition of probation or suspended judgment], it shall provide that an agency or person supervise the restitution or services and that such agency or person report to the court not less frequently than every six months, unless the order provides otherwise. Upon the written notice sent by a school district to the court and the appropriate probation department or agency which submits probation recommendations or reports to the court, the court may provide that such school district shall supervise the performance of services for the public good. [4.] 3. The court, upon receipt of the reports provided for in subdi- vision two [or three] of this section may, on its own motion or the motion of any party or the agency, hold a hearing to determine whether the [placement] CONDITION should be altered or modified. S 47. Section 774 of the family court act is amended to read as follows: S. 2006--A 95 A. 3006--A 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 48. Section 153-k of the social services law is amended by adding a new subdivision 2-a to read as follows: 2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, COMMENCING JANUARY FIRST, TWO THOUSAND SEVENTEEN, STATE REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPENDITURES MADE BY SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS MADE AVAILABLE FOR SUCH PURPOSES, FOR PREVENTIVE SERVICES, AFTERCARE SERVICES, INDE- PENDENT LIVING SERVICES AND FOSTER CARE SERVICES PROVIDED TO YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH ABSENT THE PROVISIONS IN A CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE. S 49. Subdivisions 5 and 6 of section 371 of the social services law, subdivision 5 as added by chapter 690 of the laws of 1962, and subdivi- sion 6 as amended by chapter 596 of the laws of 2000, are amended to read as follows: 5. "Juvenile delinquent" means a person [over seven and less than sixteen years of age who does any act which, if done by an adult, would constitute a crime] AS DEFINED IN SECTION 301.2 OF THE FAMILY COURT ACT. 6. "Person in need of supervision" means a person [less than eighteen years of age who is habitually truant or who is incorrigible, ungoverna- ble or habitually disobedient and beyond the lawful control of a parent or other person legally responsible for such child's care, or other lawful authority] AS DEFINED IN SECTION SEVEN HUNDRED TWELVE OF THE FAMILY COURT ACT. S 50. Article 6 of the social services law is amended by adding a new title 12 to read as follows: TITLE 12 FAMILY SUPPORT CENTERS SECTION 458-M. FAMILY SUPPORT CENTERS. 458-N. FUNDING FOR FAMILY SUPPORT CENTERS. S 458-M. FAMILY SUPPORT CENTERS. 1. AS USED IN THIS TITLE, THE TERM "FAMILY SUPPORT CENTER" SHALL MEAN A PROGRAM ESTABLISHED PURSUANT TO THIS TITLE TO PROVIDE COMMUNITY-BASED SUPPORTIVE SERVICES TO CHILDREN AND FAMILIES WITH THE GOAL OF PREVENTING A CHILD FROM BEING ADJUDICATED A PERSON IN NEED OF SUPERVISION UNDER ARTICLE SEVEN OF THE FAMILY COURT ACT. 2. FAMILY SUPPORT CENTERS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH CHILDREN AND THEIR FAMILIES, EITHER DIRECTLY OR THROUGH REFERRALS WITH PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO: (A) RAPID FAMILY ASSESSMENTS AND SCREENINGS; (B) CRISIS INTERVENTION; (C) FAMILY MEDIATION AND SKILLS BUILDING; (D) MENTAL AND BEHAVIORAL HEALTH SERVICES INCLUDING COGNITIVE INTER- VENTIONS; (E) CASE MANAGEMENT; S. 2006--A 96 A. 3006--A (F) RESPITE SERVICES; AND (G) OTHER FAMILY SUPPORT SERVICES. 3. TO THE EXTENT PRACTICABLE, THE SERVICES THAT ARE PROVIDED SHALL BE TRAUMA SENSITIVE, FAMILY FOCUSED, GENDER-RESPONSIVE, WHERE APPROPRIATE, AND EVIDENCE AND/OR STRENGTH BASED AND SHALL BE TAILORED TO THE INDIVID- UALIZED NEEDS OF THE CHILD AND FAMILY BASED ON THE ASSESSMENTS AND SCREENINGS CONDUCTED BY SUCH FAMILY SUPPORT CENTER. 4. FAMILY SUPPORT CENTERS SHALL HAVE THE CAPACITY TO SERVE FAMILIES OUTSIDE OF REGULAR BUSINESS HOURS INCLUDING EVENINGS OR WEEKENDS. S 458-N. FUNDING FOR FAMILY SUPPORT CENTERS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, TO THE EXTENT THAT FUNDS ARE AVAILABLE FOR SUCH PURPOSE, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DISTRIBUTE FUNDING TO THE HIGHEST NEED SOCIAL SERVICES DISTRICTS TO CONTRACT WITH NOT-FOR-PROFIT CORPORATIONS TO OPERATE FAMILY SUPPORT CENTERS IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC PROGRAM MODEL REQUIREMENTS ISSUED BY THE OFFICE. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN DETERMINING THE HIGHEST NEED SOCIAL SERVICES DISTRICTS PURSUANT TO THIS SUBDIVISION, THE OFFICE MAY CONSIDER FACTORS THAT MAY INCLUDE, BUT ARE NOT NECESSARILY LIMITED TO: (A) THE TOTAL AMOUNT OF AVAILABLE FUNDING AND THE AMOUNT OF FUNDING REQUIRED FOR FAMILY SUPPORT CENTERS TO MEET THE OBJECTIVES OUTLINED IN SECTION 458-M OF THIS TITLE; (B) RELEVANT, AVAILABLE STATISTICS REGARDING EACH DISTRICT, WHICH MAY INCLUDE, BUT NOT NECESSARILY BE LIMITED TO: (I) THE AVAILABILITY OF SERVICES WITHIN SUCH DISTRICT TO PREVENT OR REDUCE DETENTION OR RESIDENTIAL PLACEMENT OF YOUTH PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT; (II) RELATIVE TO THE YOUTH POPULATION OF SUCH SOCIAL SERVICES DISTRICT: (1) THE NUMBER OF PETITIONS FILED PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT; OR (2) THE NUMBER OF PLACEMENTS OF YOUTH INTO RESIDENTIAL CARE OR DETENTION PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT; (C) ANY REPORTED PERFORMANCE OUTCOMES REPORTED TO THE OFFICE PURSUANT TO SUBDIVISION THREE OF THIS SECTION FOR PROGRAMS THAT PREVIOUSLY RECEIVED FUNDING PURSUANT TO THIS TITLE; OR (D) OTHER APPROPRIATE FACTORS AS DETERMINED BY THE OFFICE. 3. SOCIAL SERVICES DISTRICTS RECEIVING FUNDING UNDER THIS TITLE SHALL REPORT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN THE FORM AND MANNER AND AT SUCH TIMES AS DETERMINED BY THE OFFICE, ON THE PERFORMANCE OUTCOMES OF ANY FAMILY SUPPORT CENTER LOCATED WITHIN SUCH DISTRICT THAT RECEIVES FUNDING UNDER THIS TITLE. S 51. Subdivisions 3, 3-a, 11 and 12 of section 398 of the social services law, subdivision 3 as amended by chapter 419 of the laws of 1987, paragraph (c) of subdivision 3 as amended by section 19 of part E of chapter 57 of the laws of 2005, subdivision 3-a as added by section 1 of subpart B of part G of chapter 57 of the laws of 2012, subdivision 11 as added by chapter 514 of the laws of 1976 and subdivision 12 as amended by section 12 of subpart B of part Q of chapter 58 of the laws of 2011, are amended to read as follows: 3. As to delinquent children [and persons in need of supervision]: (a) Investigate complaints as to alleged delinquency of a child. (b) Bring such case of alleged delinquency when necessary before the family court. S. 2006--A 97 A. 3006--A (c) Receive within fifteen days from the order of placement as a public charge any delinquent child committed or placed [or person in need of supervision placed] in his or her care by the family court provided, however, that the commissioner of the social services district with whom the child is placed may apply to the state commissioner or his or her designee for approval of an additional fifteen days, upon written documentation to the office of children and family services that the youth is in need of specialized treatment or placement and the diligent efforts by the commissioner of social services to locate an appropriate placement. [3-a. As to delinquent children: (a)] (D) (1) Conditionally release any juvenile delinquent placed with the district to aftercare whenever the district determines conditional release to be consistent with the needs and best interests of such juve- nile delinquent, that suitable care and supervision can be provided, and that there is a reasonable probability that such juvenile delinquent can be conditionally released without endangering public safety; provided, however, that such conditional release shall be made in accordance with the regulations of the office of children and family services, and provided further that no juvenile delinquent while absent from a facili- ty or program without the consent of the director of such facility or program shall be conditionally released by the district solely by reason of the absence. (2) It shall be a condition of such release that a juvenile delinquent so released shall continue to be the responsibility of the social services district for the period provided in the order of placement. (3) The social services district may provide clothing, services and other necessities for any conditionally released juvenile delinquent, as may be required, including medical care and services not provided to such juvenile delinquent as medical assistance for needy persons pursu- ant to title eleven of article five of this chapter. (4) The social services district, pursuant to the regulations of the office of children and family services, may cause a juvenile delinquent to be returned to a facility operated and maintained by the district, or an authorized agency under contract with the district, at any time with- in the period of placement, where there is a violation of the conditions of release or a change of circumstances. (5) Juvenile delinquents conditionally released by a social services district may be provided for as follows: (i) If, in the opinion of the social services district, there is no suitable parent, relative or guardian to whom a juvenile delinquent can be conditionally released, and suitable care cannot otherwise be secured, the district may conditionally release such juvenile delinquent to the care of any other suitable person; provided that where such suit- able person has no legal relationship with the juvenile, the district shall advise such person of the procedures for obtaining custody or guardianship of the juvenile. (ii) If a conditionally released juvenile delinquent is subject to article sixty-five of the education law or elects to participate in an educational program leading to a high school diploma, he or she shall be enrolled in a school or educational program leading to a high school diploma following release, or, if such release occurs during the summer recess, upon the commencement of the next school term. If a condi- 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 S. 2006--A 98 A. 3006--A taken, to the extent possible, to facilitate his or her gainful employ- ment or enrollment in a vocational program following release. [(b)] (E) When a juvenile delinquent placed with the social services district is absent from placement without consent, such absence shall interrupt the calculation of time for his or her placement. Such inter- ruption shall continue until such juvenile delinquent returns to the facility or authorized agency in which he or she was placed. Provided, however, that any time spent by a juvenile delinquent in custody from the date of absence to the date placement resumes shall be credited against the time of such placement provided that such custody: (1) was due to an arrest or surrender based upon the absence; or (2) arose from an arrest or surrender on another charge which did not culminate in a conviction, adjudication or adjustment. [(c)] (F) In addition to the other requirements of this section, no juvenile delinquent placed with a social services district operating an approved juvenile justice services close to home initiative pursuant to section four hundred four of this chapter pursuant to a restrictive placement under the family court act shall be released except pursuant to section 353.5 of the family court act. 11. In the case of a child who is adjudicated [a person in need of supervision or] a juvenile delinquent and is placed by the family court with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and who is placed by [the division for youth] SUCH OFFICE with an authorized agency pursuant to court order, the social services official shall make expenditures in accordance with the regulations of the department for the care and maintenance of such child during the term of such placement subject to state reimbursement pursuant to SECTION ONE HUNDRED FIFTY-THREE-K OF this title[, or article nineteen-G of the executive law in applicable cases]. 12. A social services official shall be permitted to place persons adjudicated [in need of supervision or] delinquent[, and alleged persons to be in need of supervision] in detention pending transfer to a place- ment, in the same foster care facilities as are providing care to desti- tute, neglected, abused or abandoned children. Such foster care facili- ties shall not provide care to a youth in the care of a social services official as a convicted juvenile offender. S 52. Subdivision 8 of section 404 of the social services law, as added by section 1 of subpart A of part G of chapter 57 of the laws of 2012, is amended to read as follows: 8. (a) Notwithstanding any other provision of law to the contrary[,] EXCEPT AS PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION, eligible expenditures during the applicable time periods made by a social services district for an approved juvenile justice services close to home initiative shall, if approved by the department of family assist- ance, be subject to reimbursement with state funds only up to the extent of an annual appropriation made specifically therefor, after first deducting therefrom any federal funds properly received or to be received on account thereof; provided, however, that when such funds have been exhausted, a social services district may receive state reimbursement from other available state appropriations for that state fiscal year for eligible expenditures for services that otherwise would be reimbursable under such funding streams. Any claims submitted by a social services district for reimbursement for a particular state fiscal year for which the social services district does not receive state reimbursement from the annual appropriation for the approved close to S. 2006--A 99 A. 3006--A home initiative may not be claimed against that district's appropriation for the initiative for the next or any subsequent state fiscal year. (i) State funding for reimbursement shall be, subject to appropri- ation, in the following amounts: for state fiscal year 2013-14, $35,200,000 adjusted by any changes in such amount required by subpara- graphs (ii) and (iii) of this paragraph; for state fiscal year 2014-15, $41,400,000 adjusted to include the amount of any changes made to the state fiscal year 2013-14 appropriation under subparagraphs (ii) and (iii) of this paragraph plus any additional changes required by such subparagraphs; and, such reimbursement shall be, subject to appropri- ation, for all subsequent state fiscal years in the amount of the prior year's actual appropriation adjusted by any changes required by subpara- graphs (ii) and (iii) of this paragraph. (ii) The reimbursement amounts set forth in subparagraph (i) of this paragraph shall be increased or decreased by the percentage that the average of the most recently approved maximum state aid rates for group residential foster care programs is higher or lower than the average of the approved maximum state aid rates for group residential foster care programs in existence immediately prior to the most recently approved rates. (iii) The reimbursement amounts set forth in subparagraph (i) of this paragraph shall be increased if either the population of alleged juve- nile delinquents who receive a probation intake or the total population of adjudicated juvenile delinquents placed on probation combined with the population of adjudicated juvenile delinquents placed out of their homes in a setting other than a secure facility pursuant to section 352.2 of the family court act, increases by at least ten percent over the respective population in the annual baseline year. The baseline year shall be the period from July first, two thousand ten through June thir- tieth, two thousand eleven or the most recent twelve month period for which there is complete data, whichever is later. In each successive year, the population of the previous July first through June thirtieth period shall be compared to the baseline year for determining any adjustments to a state fiscal year appropriation. When either population increases by ten percent or more, the reimbursement will be adjusted by a percentage equal to the larger of the percentage increase in either the number of probation intakes for alleged juvenile delinquents or the total population of adjudicated juvenile delinquents placed on probation combined with the population of adjudicated juvenile delinquents placed out of their homes in a setting other than a secure facility pursuant to section 352.2 of the family court act. (iv) The social services district and/or the New York city department of probation shall provide an annual report including the data required to calculate the population adjustment to the New York city office of management and budget, the division of criminal justice services and the state division of the budget no later than the first day of September following the close of the previous July first through June thirtieth period. (A-1) COMMENCING JANUARY FIRST, TWO THOUSAND SEVENTEEN, STATE REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF ELIGI- BLE EXPENDITURES MADE BY A SOCIAL SERVICES DISTRICT, EXCLUSIVE OF ANY FEDERAL FUNDS MADE AVAILABLE FOR SUCH PURPOSES, FOR APPROVED JUVENILE JUSTICE SERVICES UNDER AN APPROVED CLOSE TO HOME INITIATIVE PROVIDED TO YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH ABSENT THE PROVISIONS IN A S. 2006--A 100 A. 3006--A CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE. (b) The department of family assistance is authorized, in its discretion, to make advances to a social services district in antic- ipation of the state reimbursement provided for in this section. (c) A social services district shall conduct eligibility determi- nations for federal and state funding and submit claims for reimburse- ment in such form and manner and at such times and for such periods as the department of family assistance shall determine. (d) Notwithstanding any inconsistent provision of law or regulation of the department of family assistance, state reimbursement shall not be made for any expenditure made for the duplication of any grant or allow- ance for any period. (e) Claims submitted by a social services district for reimbursement shall be paid after deducting any expenditures defrayed by fees, third party reimbursement, and any non-tax levy funds including any donated funds. (f) The office of children and family services shall not reimburse any claims for expenditures for residential services that are submitted more than twenty-two months after the calendar quarter in which the expendi- tures were made. (g) Notwithstanding any other provision of law, the state shall not be responsible for reimbursing a social services district and a district shall not seek state reimbursement for any portion of any state disal- lowance or sanction taken against the social services district, or any federal disallowance attributable to final federal agency decisions or to settlements made, when such disallowance or sanction results from the failure of the social services district to comply with federal or state requirements, including, but not limited to, failure to document eligi- bility for the federal or state funds in the case record. To the extent that the social services district has sufficient claims other than those that are subject to disallowance or sanction to draw down the full annu- al appropriation, such disallowance or sanction shall not result in a reduction in payment of state funds to the district unless the district requests that the department use a portion of the appropriation toward meeting the district's responsibility to repay the federal government for the disallowance or sanction and any related interest payments. (h) Rates for residential services. (i) The office shall establish the rates, in accordance with section three hundred ninety-eight-a of this chapter, for any non-secure facilities established under an approved juvenile justice services close to home initiative. For any such non-se- cure facility that will be used primarily by the social services district with an approved close to home initiative, final authority for establishment of such rates and any adjustments thereto shall reside with the office, but such rates and any adjustments thereto shall be established only upon the request of, and in consultation with, such social services district. (ii) A social services district with an approved juvenile justice services close to home initiative for juvenile delinquents placed in limited secure settings shall have the authority to establish and adjust, on an annual or regular basis, maintenance rates for limited secure facilities providing residential services under such initiative. Such rates shall not be subject to the provisions of section three hundred ninety-eight-a of this chapter but shall be subject to maximum cost limits established by the office of children and family services. S. 2006--A 101 A. 3006--A S 53. Paragraph (a) of subdivision 1 of section 409-a of the social services law, as amended by chapter 87 of the laws of 1993, subparagraph (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii) as amended by section 22 of part C of chapter 83 of the laws of 2002, is amended to read as follows: (a) A social services official shall provide preventive services to a child and his or her family, in accordance with the family's service plan as required by section four hundred nine-e of this chapter and the social services district's child welfare services plan submitted and approved pursuant to section four hundred nine-d of this chapter, upon a finding by such official that [(i)] the child will be placed, returned to or continued in foster care unless such services are provided and that it is reasonable to believe that by providing such services the child will be able to remain with or be returned to his or her family, and for a former foster care youth under the age of twenty-one who was previously placed in the care and custody or custody and guardianship of the local commissioner of social services or other officer, board or department authorized to receive children as public charges where it is reasonable to believe that by providing such services the former foster care youth will avoid a return to foster care [or (ii) the child is the subject of a petition under article seven of the family court act, or has been determined by the assessment service established pursuant to section two hundred forty-three-a of the executive law, or by the probation service where no such assessment service has been designated, to be at risk of being the subject of such a petition, and the social services official determines that the child is at risk of placement into foster care]. Such finding shall be entered in the child's uniform case record established and maintained pursuant to section four hundred nine-f of this chapter. The commissioner shall promulgate regulations to assist social services officials in making determinations of eligibility for mandated preventive services pursuant to this [subparagraph] PARA- GRAPH. S 54. Section 30.00 of the penal law, as amended by chapter 481 of the laws of 1978, subdivision 2 as amended by chapter 7 of the laws of 2007, is amended to read as follows: S 30.00 Infancy. 1. Except as provided in [subdivision] SUBDIVISIONS two AND THREE of this section, a person less than [sixteen] SEVENTEEN years old, OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, A PERSON LESS THAN EIGHTEEN YEARS OLD is not criminally responsible for conduct. 2. A person thirteen, fourteen [or], fifteen, OR SIXTEEN YEARS OF AGE OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, A PERSON SEVENTEEN years of age is criminally responsible for acts constituting murder in the second degree as defined in subdivisions one and two of section 125.25 and in subdivision three of such section provided that the under- lying crime for the murder charge is one for which such person is crimi- nally responsible or for such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; and a person fourteen [or], fifteen, OR SIXTEEN YEARS OF AGE OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN years of age is crimi- nally responsible for acts constituting the crimes defined in section 135.25 (kidnapping in the first degree); 150.20 (arson in the first degree); subdivisions one and two of section 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); subdivisions one and two of section 130.35 (rape in the first degree); subdivisions one and two of section 130.50 (criminal sexual act in the first degree); S. 2006--A 102 A. 3006--A 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); 150.15 (arson in the second degree); 160.15 (robbery in the first degree); subdivision two of section 160.10 (robbery in the second degree) of this chapter; or section 265.03 of this chapter, where such machine gun or such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of this chapter; or defined in this chapter as an attempt to commit murder in the second degree or kidnapping in the first degree, or for such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law. 3. A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGH- TEEN, SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTI- TUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS CHAPTER; ACTS CONSTITUTING ANY CRIME IN THIS CHAPTER THAT IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT IN THE SECOND DEGREE); 120.04 (VEHICULAR ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR ASSAULT); 125.10 (CRIMINALLY NEGLIGENT HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE); 125.12 (VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE); 125.14 (AGGRAVATED VEHICULAR HOMI- CIDE); 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMI- NAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI- BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF THIS CHAPTER WHEN COMMITTED AS A SEXUALLY MOTI- VATED FELONY; ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVI- SION THREE OF SECTION 490.05 OF THIS CHAPTER WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN ARTICLE 490 OF THIS CHAPTER; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPON- SIBLE. PROVIDED HOWEVER, A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING AN OFFENSE SET FORTH IN THE VEHICLE AND TRAFFIC LAW. 4. In any prosecution for an offense, lack of criminal responsibility by reason of infancy, as defined in this section, is a defense. S 55. Subdivision 2 of section 60.02 of the penal law, as amended by chapter 471 of the laws of 1980, is amended to read as follows: (2) If the sentence is to be imposed upon a youthful offender finding which has been substituted for a conviction for any felony, AND THE PERSON IS EIGHTEEN YEARS OF AGE OR YOUNGER, the court must impose a sentence authorized to be imposed upon a person convicted of a class E felony provided, however, that (A) the court must not impose a sentence of [conditional discharge or] unconditional discharge if the youthful offender finding was substituted for a conviction of a felony defined in S. 2006--A 103 A. 3006--A article two hundred twenty of this chapter; AND (B) NOTWITHSTANDING PARAGRAPH (E) OF SUBDIVISION TWO OF SECTION 70.00 OF THIS TITLE, IF A TERM OF IMPRISONMENT IS IMPOSED, SUCH TERM SHALL BE A DEFINITE SENTENCE OF ONE YEAR OR LESS, OR A DETERMINATE SENTENCE, THE TERM OF WHICH MUST BE AT LEAST ONE YEAR AND MUST NOT EXCEED THREE YEARS, AND MUST INCLUDE, AS A PART THEREOF, A PERIOD OF POST-RELEASE SUPERVISION IN ACCORDANCE WITH SUBDIVISION TWO-B OF SECTION 70.45 OF THIS CHAPTER. IN ANY CASE, WHERE A COURT IMPOSES A SENTENCE OF IMPRISONMENT IN CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, SUCH IMPRISONMENT TERM SHALL NOT BE IN EXCESS OF SIX MONTHS, OR IN THE CASE OF AN INTERMITTENT TERM, NOT IN EXCESS OF FOUR MONTHS IN ACCORDANCE WITH PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION 60.01 OF THIS ARTICLE. S 56. Section 60.10 of the penal law, as amended by chapter 411 of the laws of 1979, is amended to read as follows: S 60.10 Authorized disposition; juvenile offender. 1. WHEN A JUVENILE OFFENDER IS CONVICTED OF A CLASS A FELONY, OTHER THAN MURDER IN THE SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON IN THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION 135.25 OF THIS CHAPTER, THE COURT SHALL SENTENCE THE DEFENDANT TO IMPRISONMENT PURSUANT TO THE PROVISIONS OF SECTION 70.00, 70.06, 70.07, 70.08, OR 70.71 OF THIS CHAPTER, AS APPLI- CABLE. When a juvenile offender is convicted of [a] ANY OTHER crime, the court shall sentence the defendant to imprisonment in accordance with section 70.05 or sentence [him] THE DEFENDANT upon a youthful offender finding in accordance with section 60.02 of this chapter. 2. Subdivision one of this section shall apply when sentencing a juve- nile offender notwithstanding the provisions of any other law that deals with the authorized sentence for persons who are not juvenile offenders. Provided, however, that the limitation prescribed by this section shall not be deemed or construed to bar use of a conviction of a juvenile offender, other than a juvenile offender who has been adjudicated a youthful offender pursuant to section 720.20 of the criminal procedure law, EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION as a previ- ous or predicate felony offender under section 70.04, 70.06, 70.07, 70.08 [or], 70.10, 70.70, 70.71, 70.80, OR 485.10 OF THIS CHAPTER, when sentencing a person who commits a felony after [he] SUCH PERSON has reached the age of [sixteen] SEVENTEEN AS OF JANUARY FIRST, TWO THOUSAND SEVENTEEN, AND EIGHTEEN AS OF JANUARY FIRST, TWO THOUSAND EIGHTEEN. 3. THE LIMITATION PRESCRIBED BY THIS SECTION SHALL NOT BE DEEMED OR CONSTRUED TO BAR USE OF A CONVICTION OF A JUVENILE OFFENDER WHO HAS BEEN ADJUDICATED A YOUTHFUL OFFENDER PURSUANT TO SECTION 720.20 OF THE CRIMI- NAL PROCEDURE LAW FOR AN OFFENSE COMMITTED WHEN SUCH PERSON WAS SIXTEEN OR SEVENTEEN YEARS OLD AS A PREVIOUS OR PREDICATE FELONY OFFENDER UNDER SECTION 70.04, 70.06, 70.07, 70.08, 70.10, 70.70, 70.71, 70.80 OR 485.10 OF THIS CHAPTER, WHEN SENTENCING A PERSON WHO COMMITS A VIOLENT FELONY AS DEFINED BY SUBDIVISION ONE OF SECTION 70.02 OF THIS TITLE AFTER SUCH PERSON HAS REACHED THE AGE OF SEVENTEEN AS OF JANUARY FIRST, TWO THOU- SAND SEVENTEEN AND EIGHTEEN AS OF JANUARY FIRST, TWO THOUSAND EIGHTEEN. S 57. Section 70.05 of the penal law, as added by chapter 481 of the laws of 1978, subdivision 1 as amended by chapter 615 of the laws of 1984, paragraph (e) of subdivision 2 as added and paragraph (c) of subdivision 3 as amended by chapter 435 of the laws of 1998, paragraph (a) of subdivision 3 as amended by chapter 174 of the laws of 2003, is amended to read as follows: S 70.05 Sentence of imprisonment for juvenile offender. S. 2006--A 104 A. 3006--A 1. [Indeterminate sentence] SENTENCE. A sentence of imprisonment for a JUVENILE OFFENDER CONVICTED OF A CLASS A felony OTHER THAN MURDER IN THE SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON IN THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION 135.25 OF THIS CHAPTER, SHALL BE IMPOSED BY THE COURT PURSUANT TO THE PROVISIONS OF SECTION 70.00, 70.06, 70.07, 70.08, OR 70.71 OF THIS CHAPTER, AS APPLICABLE. A SENTENCE OF IMPRISONMENT FOR THE CLASS A-1 FELONY OF MURDER IN THE SECOND DEGREE committed by a juvenile offender shall be an indeterminate sentence. When such a sentence is imposed, the court shall impose [a] THE MINIMUM PERIOD OF IMPRISONMENT AND maximum term in accordance with the provisions of subdivision two of this section [and the minimum period of imprisonment shall be as provided in subdivision three of this section]. EXCEPT AS PROVIDED HERE- IN, A SENTENCE OF IMPRISONMENT FOR ANY OTHER FELONY COMMITTED BY A JUVE- NILE OFFENDER SHALL BE A DETERMINATE SENTENCE. WHEN SUCH A SENTENCE IS IMPOSED, THE COURT SHALL IMPOSE A TERM OF IMPRISONMENT IN WHOLE OR HALF YEARS IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION AND A PERIOD OF POST-RELEASE SUPERVISION IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION TWO-B OF SECTION 70.45 OF THIS ARTICLE. The court shall further provide that where a juvenile offender is under placement pursuant to article three of the family court act, any sentence imposed pursuant to this section which is to be served consec- utively with such placement shall be served in a facility designated pursuant to subdivision four of section 70.20 of this article prior to service of the placement in any previously designated facility. 2. [Maximum term of] INDETERMINATE sentence. [The maximum term of an indeterminate sentence for a juvenile offender shall be at least three years and the term shall be fixed as follows: (a)] For the class A felony of murder in the second degree, the MAXI- MUM term shall be life imprisonment[;], AND THE MINIMUM PERIOD OF 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 1, 2018, WHERE THE DEFEND- ANT 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) 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; PROVIDED, HOWEVER, THAT WHERE THE DEFENDANT WAS SIXTEEN YEARS OLD, AND, COMMENCING JANUARY 1, 2018, WHERE THE DEFENDANT WAS SIXTEEN OR SEVENTEEN YEARS OLD AT THE TIME OF THE OFFENSE AND THE DEFENDANT IS CONVICTED OF A CLASS B VIOLENT FELONY AND THE COURT FINDS AGGRAVATING CIRCUMSTANCES THAT BEAR DIRECTLY UPON THE MANNER IN WHICH THE CRIME WAS COMMITTED, INCLUDING THE SEVERITY OF INJURY TO THE VICTIM AND THE GRAVITY OF RISK TO PUBLIC SAFETY, THE COURT SHALL SENTENCE THE DEFENDANT PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE. THE DEFENDANT AND THE DISTRICT ATTORNEY SHALL HAVE AN OPPORTUNITY TO PRESENT RELEVANT INFORMATION TO ASSIST THE COURT IN MAKING THIS DETERMINATION AND THE COURT MAY, IN ITS DISCRETION, S. 2006--A 105 A. 3006--A CONDUCT A HEARING WITH RESPECT TO ANY ISSUE BEARING UPON SUCH DETERMI- NATION. IF THE COURT DETERMINES IT IS APPROPRIATE TO SENTENCE THE DEFENDANT PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE, IT SHALL MAKE A STATEMENT ON THE RECORD OF THE FACTS AND CIRCUMSTANCES UPON WHICH SUCH DETERMINATION IS BASED; [(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 1, 2018, WHERE THE DEFENDANT WAS SIXTEEN OR SEVENTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, THE DETERMINATE TERM SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST ONE YEAR BUT SHALL NOT EXCEED TWO YEARS. [3. Minimum period of imprisonment. The minimum period of imprisonment under an indeterminate sentence for a juvenile offender shall be speci- fied in the sentence as follows: (a) For the class A felony of murder in the second degree, the minimum period of imprisonment shall be fixed by the court and shall be not less than five years but shall not exceed nine years provided, however, that where the sentence is for an offense specified in subdivision one or two of section 125.25 of this chapter and the defendant was fourteen or fifteen years old at the time of such offense, the minimum period of imprisonment shall be not less than seven and one-half years but shall not exceed fifteen years; (b) For the class A felony of arson in the first degree, or for the class A felony of kidnapping in the first degree, the minimum period of imprisonment shall be fixed by the court and shall be not less than four years but shall not exceed six years; and (c) For a class B, C or D felony, the minimum period of imprisonment shall be fixed by the court at one-third of the maximum term imposed.] S 58. Subdivision 1 of section 70.20 of the penal law, as amended by section 124 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 1. [(a)] Indeterminate or determinate sentence. Except as provided in subdivision four of this section, when an indeterminate or determinate sentence of imprisonment is imposed, the court shall commit the defend- ant to the custody of the state department of corrections and community supervision for the term of his or her sentence and until released in accordance with the law; provided, however, that a defendant sentenced pursuant to subdivision seven of section 70.06 shall be committed to the custody of the state department of corrections and community supervision for immediate delivery to a reception center operated by the department. [(b) The court in committing a defendant who is not yet eighteen years of age to the department of corrections and community supervision shall inquire as to whether the parents or legal guardian of the defendant, if 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 S. 2006--A 106 A. 3006--A to consent to routine medical, dental and mental health services and treatment to the person so committed. (d) Nothing in this subdivision shall preclude a parent or legal guar- dian of an inmate who is not yet eighteen years of age from making a motion on notice to the department of corrections and community super- vision pursuant to article twenty-two of the civil practice law and rules and section one hundred forty of the correction law, objecting to routine medical, dental or mental health services and treatment being provided to such inmate under the provisions of paragraph (b) of this subdivision. (e) Nothing in this section shall require that consent be obtained from the parent or legal guardian, where no consent is necessary or where the defendant is authorized by law to consent on his or her own behalf to any medical, dental, and mental health service or treatment.] S 59. Subdivision 2 of section 70.20 of the penal law, as amended by chapter 437 of the laws of 2013, is amended to read as follows: 2. [(a)] Definite sentence. Except as provided in subdivision four of this section, when a definite sentence of imprisonment is imposed, the court shall commit the defendant to the county or regional correctional institution for the term of his sentence and until released in accord- ance with the law. [(b) The court in committing a defendant who is not yet eighteen years of age to the local correctional facility shall inquire as to whether the parents or legal guardian of the defendant, if present, will grant to the minor the capacity to consent to routine medical, dental and mental health services and treatment. (c) Nothing in this subdivision shall preclude a parent or legal guar- dian of an inmate who is not yet eighteen years of age from making a motion on notice to the local correction facility pursuant to article twenty-two of the civil practice law and rules and section one hundred forty of the correction law, objecting to routine medical, dental or mental health services and treatment being provided to such inmate under the provisions of paragraph (b) of this subdivision.] S 60. Subdivision 4 of section 70.20 of the penal law, as amended by section 124 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 4. (a) Notwithstanding any other provision of law to the contrary, a juvenile offender[,] or a juvenile offender who is adjudicated a youth- ful offender [and], WHO IS given an indeterminate, DETERMINATE 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 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 executive 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 WHO IS SENTENCED TO AN INDETERMINATE OR DETERMINATE 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 COMMIT- S. 2006--A 107 A. 3006--A TED TO THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES WHO SHALL ARRANGE FOR THE CONFINEMENT OF SUCH OFFENDER IN FACILITIES OF THE OFFICE. THE RELEASE OR TRANSFER OF SUCH OFFENDERS FROM THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE GOVERNED BY SECTION FIVE HUNDRED EIGHT OF THE EXECUTIVE LAW. (b) The court in committing [a juvenile offender and youthful offen- der] AN OFFENDER UNDER EIGHTEEN YEARS OF AGE to the custody of the office of children and family services shall inquire as to whether the parents or legal guardian of the youth, if present, will consent for the office of children and family services to provide routine medical, dental and mental health services and treatment. (c) Notwithstanding paragraph (b) of this subdivision, where the court commits an offender to the custody of the office of children and family services in accordance with this section and no medical consent has been obtained prior to said commitment, the commitment order shall be deemed to grant consent for the office of children and family services to provide for routine medical, dental and mental health services and treatment to the offender so committed. (d) Nothing in this subdivision shall preclude a parent or legal guar- dian of an offender who is not yet eighteen years of age from making a motion on notice to the office of children and family services pursuant to article twenty-two of the civil practice law and rules objecting to routine medical, dental or mental health services and treatment being provided to such offender under the provisions of paragraph (b) of this subdivision. (e) Nothing in this section shall require that consent be obtained from the parent or legal guardian, where no consent is necessary or where the offender is authorized by law to consent on his or her own behalf to any medical, dental and mental health service or treatment. S 60-a. Paragraph (f) of subdivision 1 of section 70.30 of the penal law, as added by chapter 481 of the laws of 1978 and relettered by chap- ter 3 of the laws of 1995, is amended to read as follows: (f) [The aggregate maximum term of consecutive sentences imposed upon a juvenile offender for two or more crimes, not including a class A felony, committed before he has reached the age of sixteen, shall, if it exceeds ten years, be deemed to be ten years. If consecutive indetermi- nate sentences imposed upon a juvenile offender include a sentence for the class A felony of arson in the first degree or for the class A felo- ny of kidnapping in the first degree, then the aggregate maximum term of such sentences shall, if it exceeds fifteen years, be deemed to be fifteen years. Where the aggregate maximum term of two or more consec- utive sentences is reduced by a calculation made pursuant to this para- graph, the aggregate minimum period of imprisonment, if it exceeds one- half of the aggregate maximum term as so reduced, shall be deemed to be one-half of the aggregate maximum term as so reduced.] (I) IF THE AGGRE- GATE TERM OR MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED UPON A JUVE- NILE OFFENDER FOR TWO OR MORE CRIMES, OTHER THAN TWO OR MORE SENTENCES THAT INCLUDE A SENTENCE FOR A CLASS A FELONY, OR A SENTENCE FOR A CLASS B VIOLENT FELONY IMPOSED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE, COMMITTED PRIOR TO THE TIME THE PERSON WAS IMPRISONED UNDER ANY OF SUCH SENTENCES EXCEEDS TEN YEARS, THE JUVE- NILE OFFENDER SHALL BE DEEMED TO BE SERVING A DETERMINATE TERM OF TEN YEARS. (II) IF THE AGGREGATE MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED UPON A JUVENILE OFFENDER FOR TWO OR MORE CRIMES, AT LEAST ONE OF WHICH IS THE CLASS A FELONY OF ARSON IN THE FIRST DEGREE AS DEFINED BY SECTION S. 2006--A 108 A. 3006--A 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION 135.25 OF THIS CHAPTER BUT NO OTHER CLASS A FELONY, AND DOES NOT INCLUDE A SENTENCE IMPOSED FOR A CLASS B VIOLENT FELONY IMPOSED PURSUANT TO PARA- GRAPH (A) OF SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE, COMMIT- TED PRIOR TO THE TIME THE PERSON WAS IMPRISONED UNDER ANY OF SUCH SENTENCES EXCEEDS FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING A DETERMINATE TERM OF FIFTEEN YEARS. S 61. Section 70.45 of the penal law is amended by adding a new subdi- vision 2-b to read as follows: 2-B. PERIODS OF POST-RELEASE SUPERVISION FOR JUVENILE OFFENDERS AND YOUTHFUL OFFENDERS. (A) THE PERIOD OF POST-RELEASE SUPERVISION FOR A DETERMINATE SENTENCE IMPOSED UPON A YOUTHFUL OFFENDER OR A JUVENILE OFFENDER ADJUDICATED A YOUTHFUL OFFENDER MUST BE FIXED BY THE COURT AT ONE YEAR. (B) THE PERIOD OF POST-RELEASE SUPERVISION FOR A DETERMINATE SENTENCE IMPOSED UPON A JUVENILE OFFENDER NOT ADJUDICATED A YOUTHFUL OFFENDER MUST BE FIXED BY THE COURT IN WHOLE OR HALF YEARS AS FOLLOWS: (I) SUCH PERIOD SHALL BE ONE YEAR WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS D OR CLASS E FELONY OFFENSE; (II) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN TWO YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS C FELONY OFFENSE; (III) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN THREE YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS B FELONY OFFENSE; PROVIDED, HOWEVER, THAT SUCH PERIOD SHALL BE IMPOSED PURSUANT TO SUBDIVISION TWO OR TWO-A OF THIS SECTION, AS APPLICABLE, WHENEVER A DETERMINATE SENTENCE IS IMPOSED UPON A CONVICTION OF A CLASS B VIOLENT FELONY OFFENSE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE; AND (IV) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN FIVE YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF THE CLASS A FELONY OFFENSE OF ARSON IN THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION 135.25 OF THIS CHAPTER, AND A FIVE-YEAR PERIOD SHALL BE IMPOSED PURSUANT TO SUBDIVISION TWO OF THIS SECTION WHENEVER A DETERMI- NATE SENTENCE IMPOSED UPON A JUVENILE OFFENDER FOR ANY OTHER CLASS A FELONY. S 62. Subdivision 18 of section 10.00 of the penal law, as amended by chapter 7 of the laws of 2007, is amended to read as follows: 18. "Juvenile offender" means (1) a person thirteen years old who is criminally responsible for acts constituting murder in the second degree as defined in subdivisions one and two of section 125.25 of this chapter or such conduct as a sexually motivated felony, where authorized pursu- ant to section 130.91 of [the penal law; and] THIS CHAPTER; (2) a person fourteen [or], fifteen OR SIXTEEN YEARS OLD OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN years old who is crimi- nally responsible for acts constituting the crimes defined in subdivi- sions one and two of section 125.25 (murder in the second degree) and in subdivision three of such section provided that the underlying crime for the murder charge is one for which such person is criminally responsi- ble; section 135.25 (kidnapping in the first degree); 150.20 (arson in the first degree); subdivisions one and two of section 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); subdi- visions one and two of section 130.35 (rape in the first degree); subdi- visions one and two of section 130.50 (criminal sexual act in the first S. 2006--A 109 A. 3006--A 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 EIGH- TEEN, A PERSON SIXTEEN OR SEVENTEEN YEARS OLD WHO IS CRIMINALLY RESPON- SIBLE FOR ACTS CONSTITUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS CHAPTER; ACTS CONSTITUTING ANY CRIME IN THIS CHAPTER THAT IS CLAS- SIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT IN THE SECOND DEGREE); 120.04 (VEHICULAR ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR ASSAULT); 125.10 (CRIMINALLY NEGLIGENT HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE); 125.12 (VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE); 125.14 (AGGRAVATED VEHICULAR HOMICIDE); 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPER- ING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF THIS CHAPTER WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THIS CHAPTER WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THIS CHAPTER; AND ACTS CONSTI- TUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 OF THIS CHAPTER PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPON- SIBLE. S 63. Subdivision 42 of section 1.20 of the criminal procedure law, as amended by chapter 7 of the laws of 2007, is amended to read as follows: 42. "Juvenile offender" means (1) a person, thirteen years old who is criminally responsible for acts constituting murder in the second degree as defined in subdivisions one and two of section 125.25 of the penal law, or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; [and] (2) a person fourteen [or], fifteen OR SIXTEEN YEARS OLD, OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN years old who is criminally responsible for acts constituting the crimes defined in subdivisions one and two of section 125.25 (murder in the second degree) and in subdivision three of such section provided that the underlying crime for the murder charge is S. 2006--A 110 A. 3006--A 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 EIGHTEEN, A PERSON SIXTEEN OR SEVENTEEN YEARS OLD WHO IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THE PENAL LAW; ACTS CONSTITUTING ANY CRIME IN THE PENAL LAW THAT IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELO- NIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT IN THE SECOND DEGREE); 120.04 (VEHICU- LAR ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR ASSAULT); 125.10 (CRIMINALLY NEGLIGENT HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE); 125.12 (VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE); 125.14 (AGGRAVATED VEHICULAR HOMICIDE); 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI- BLE; 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF THE PENAL LAW WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUT- ING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THE PENAL LAW WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUT- ING A FELONY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 OF THE PENAL LAW PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMI- NALLY RESPONSIBLE. S 63-a. The article heading of article 100 of the criminal procedure law, as added by chapter 996 of the laws of 1970, is amended to read as follows: ARTICLE 100--COMMENCEMENT OF ACTION IN LOCAL CRIMINAL COURT OR YOUTH PART OF A SUPERIOR COURT--[LOCAL CRIMINAL COURT] ACCUSATORY INSTRUMENTS S. 2006--A 111 A. 3006--A S 63-b. The first undesignated paragraph of section 100.05 of the criminal procedure law, as added by chapter 996 of the laws of 1970, 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 63-c. The section heading and subdivision 5 of section 100.10 of the criminal procedure law, as added by chapter 996 of the laws of 1970, are amended to read as follows: S 100.10 Local criminal court AND YOUTH PART OF THE SUPERIOR COURT accu- satory 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 63-d. The section heading of section 100.40 of the criminal proce- dure law, as added by chapter 996 of the laws of 1970, is amended to read as follows: S 100.40 Local criminal court AND YOUTH PART OF THE SUPERIOR COURT accu- satory 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, as added by chapter 996 of the laws of 1970, is amended to read as follows: ARTICLE 110--REQUIRING DEFENDANT'S APPEARANCE IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT FOR ARRAIGNMENT S 63-g. The section heading of section 110.10 of the criminal proce- dure law, as added by chapter 996 of the laws of 1970, and subdivision 1 and subdivision 2, are amended to read as follows: S 110.10 Methods of requiring defendant's appearance in local criminal court OR YOUTH PART OF THE SUPERIOR COURT for arraignment; in general. 1. After a criminal action has been commenced in a local criminal court OR YOUTH PART OF THE SUPERIOR COURT by the filing of an accusatory instrument therewith, a defendant who has not been arraigned in the action and has not come under the control of the court may under certain S. 2006--A 112 A. 3006--A circumstances be compelled or required to appear for arraignment upon such accusatory instrument by: (a) The issuance and execution of a warrant of arrest, as provided in article one hundred twenty; or (b) The issuance and service upon him of a summons, as provided in article one hundred thirty; or (c) Procedures provided in articles five hundred sixty, five hundred seventy, five hundred eighty, five hundred ninety and six hundred for securing attendance of defendants in criminal actions who are not at liberty within the state. 2. Although no criminal action against a person has been commenced in any court, he may under certain circumstances be compelled or required to appear in a local criminal court OR YOUTH PART OF A SUPERIOR COURT for arraignment upon an accusatory instrument to be filed therewith at or before the time of his appearance by: (a) An arrest made without a warrant, as provided in article one hundred forty; or (b) The issuance and service upon him of an appearance ticket, as provided in article one hundred fifty. S 63-h. The section heading of section 110.20 and section 110.20 of the criminal procedure law, as added by chapter 996 of the laws of 1970, are 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 63-i. The first undesignated paragraph of subdivision 1 of section 120.20 of the criminal procedure law, as added by chapter 996 of the laws of 1970, 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, as added by chapter 996 of the laws of 1970, 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 S. 2006--A 113 A. 3006--A 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 63-k. Section 120.55 of the criminal procedure law, as amended by 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 63-l. Subdivision 1 of section 120.70 of the criminal procedure law, as added by chapter 996 of the laws of 1970, is amended to read as follows: S 120.70 Warrant of arrest; where executable. 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. 2. A warrant of arrest issued by a city court, a town court or a village court may be executed: (a) In the county of issuance or in any adjoining county; or (b) Anywhere else in the state upon the written endorsement thereon of a local criminal court of the county in which the arrest is to be made. When so endorsed, the warrant is deemed the process of the endorsing court as well as that of the issuing court. S 63-m. Section 120.90 of the criminal procedure law is amended by adding a new subdivision 5-a, and amending subdivision 1 and 6, as added by chapter 996 of the laws of 1970, 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 S. 2006--A 114 A. 3006--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, 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 S. 2006--A 115 A. 3006--A 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, 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: S. 2006--A 116 A. 3006--A 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 SEVENTEEN OR, COMMENCING JANUARY 1, 2018, 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: 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; S. 2006--A 117 A. 3006--A (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 SEVENTEEN OR, COMMENCING JANUARY 1, 2018, 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 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 S. 2006--A 118 A. 3006--A (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. S 67. The criminal procedure law is amended by adding a new section 160.56 to read as follows: S 160.56 CONDITIONAL SEALING OF CERTAIN CONVICTIONS FOR OFFENSES COMMIT- TED BY A DEFENDANT TWENTY YEARS OF AGE OR YOUNGER OR BY A DEFENDANT CONVICTED AS A JUVENILE OFFENDER. 1. WHEN A DEFENDANT IS CONVICTED FOR ONLY ONE ELIGIBLE OFFENSE, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, WHICH WAS COMMITTED WHEN HE OR SHE WAS TWENTY YEARS OF AGE OR YOUNGER AND THE DEFENDANT HAS NO PRIOR CRIMINAL CONVICTIONS, THE COURT SHALL CERTIFY UPON CONVICTION THAT THE DEFENDANT IS APPARENTLY ELIGIBLE FOR CONDITIONAL SEALING AND SHALL SCHE- DULE THE DEFENDANT'S CASE FOR REVIEW AT THE EXPIRATION OF THE TIME PERI- OD SET FORTH IN SUBDIVISION TWO OF THIS SECTION. SUCH REVIEW SHALL NOT REQUIRE A MOTION OR APPEARANCE BY A DEFENDANT. UPON THE EXPIRATION OF THE TIME PERIOD SET FORTH IN SUBDIVISION TWO OF THIS SECTION, THE COURT SHALL NOTIFY THE DISTRICT ATTORNEY THAT THE CASE IS UNDER REVIEW. IF THE DISTRICT ATTORNEY DOES NOT PROVIDE NOTICE OF OPPOSITION TO SEALING WITH- IN FORTY-FIVE DAYS OF RECEIPT OF THE NOTIFICATION AND THE COURT DETER- MINES THAT THE DEFENDANT MEETS THE CRITERIA FOR SEALING AS SET FORTH IN S. 2006--A 119 A. 3006--A THIS SECTION, THE COURT SHALL ORDER THAT THE RECORD BE CONDITIONALLY SEALED. IF THE DISTRICT ATTORNEY OPPOSES SEALING, HE OR SHE SHALL NOTI- FY THE COURT OF THE REASONS FOR OPPOSITION. IF THE COURT HAS DETERMINED, SUA SPONTE, OR THE DISTRICT ATTORNEY HAS NOTIFIED THE COURT, THAT THE DEFENDANT DOES NOT MEET THE CRITERIA FOR CONDITIONAL SEALING, THE COURT MUST PROVIDE THE DEFENDANT, ON NOTICE TO THE DISTRICT ATTORNEY, WITH NOTICE AND AN OPPORTUNITY TO DISPUTE SUCH FINDING. WHENEVER THE COURT DETERMINES THAT ALL CRITERIA FOR SEALING HAVE BEEN SATISFIED AND ORDERS A RECORD CONDITIONALLY SEALED, THE CLERK OF THE COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE DIVISION OF CRIM- INAL JUSTICE SERVICES THAT THE CONVICTION SHALL BE CONDITIONALLY SEALED. FOR PURPOSES OF THIS SECTION, AN ELIGIBLE OFFENSE IS ANY MISDEMEANOR OR FELONY OTHER THAN A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWEN- TY-FIVE OF THE PENAL LAW, A VIOLENT FELONY OFFENSE DEFINED IN SECTION 70.02 OF THE PENAL LAW, A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW, OR AN OFFENSE FOR WHICH REGISTRATION AS A SEX OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW. 2. AN ELIGIBLE OFFENSE MAY BE CONDITIONALLY SEALED ONLY: (A) AFTER THE FOLLOWING TIME PERIODS HAVE ELAPSED: (I) FOR A MISDEMEANOR, AT LEAST TWO YEARS HAVE PASSED SINCE: THE ENTRY OF THE JUDGMENT OR, IF THE DEFENDANT WAS SENTENCED TO A CONDITIONAL DISCHARGE OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCARCERATION IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR CONDI- TIONAL DISCHARGE, OR IF THE DEFENDANT WAS SENTENCED TO INCARCERATION, THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONGEST; OR (II) FOR AN ELIGIBLE FELONY, OTHER THAN A FELONY CONVICTION AS A JUVE- NILE OFFENDER AS DEFINED IN SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THIS CHAPTER, AT LEAST FIVE YEARS HAVE PASSED SINCE: THE ENTRY OF THE JUDGMENT OR, IF THE DEFENDANT WAS SENTENCED TO A CONDITIONAL DISCHARGE OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCARCERATION IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR CONDITIONAL DISCHARGE, OR IF THE DEFENDANT WAS SENTENCED TO INCARCERATION, THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONGEST; OR (III) FOR A CONVICTION AS A JUVENILE OFFENDER, AS DEFINED IN SUBDIVI- SION FORTY-TWO OF SECTION 1.20 OF THIS CHAPTER, AT LEAST TEN YEARS HAVE PASSED SINCE: THE ENTRY OF THE JUDGMENT OR, IF THE DEFENDANT WAS SENTENCED TO A CONDITIONAL DISCHARGE OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCARCERATION IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR CONDITIONAL DISCHARGE, OR IF THE DEFENDANT WAS SENTENCED TO INCARCERATION, THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONGEST; AND (B) IF THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME. 2-A. NO RECORD SHALL BE SEALED PURSUANT TO THIS SECTION WHILE CHARGES ARE PENDING FOR ANY OFFENSE. 2-B. NO RECORD SHALL BE SEALED PURSUANT TO THIS SECTION WHILE THE DEFENDANT IS SUBJECT TO SUPERVISION BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR THE OFFICE OF CHILDREN AND FAMILY SERVICES. UPON THE SUCCESSFUL COMPLETION OF SUCH SUPERVISION, IF THE TIME PERIODS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION HAVE ELAPSED FROM THE DATE OF DEFENDANT'S RELEASE FROM INCARCERATION, THE COURT MAY ORDER THE RECORD CONDITIONALLY SEALED PURSUANT TO THE PROVISIONS OF THIS SECTION. S. 2006--A 120 A. 3006--A 3. WHEN A CONVICTION IS SEALED PURSUANT TO THIS SECTION, ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARREST, PROSECUTION, AND CONVICTION, INCLUDING ALL DUPLICATES AND COPIES THEREOF, ON FILE WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES OR ANY COURT SHALL BE SEALED AND NOT MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY; PROVIDED, HOWEVER, THE DIVISION SHALL RETAIN ANY FINGERPRINTS, PALMPRINTS AND PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME. 4. RECORDS SEALED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO: (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT; (B) QUALIFIED AGENCIES, AS DEFINED IN SUBDIVISION NINE OF SECTION EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, AND FEDERAL AND STATE LAW ENFORCEMENT AGENCIES, WHEN ACTING WITHIN THE SCOPE OF THEIR LAW ENFORCEMENT DUTIES; (C) ANY STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE APPLICA- TION FOR SUCH A LICENSE; OR (D) ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF SECTION 1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR EMPLOY- MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY PERSON WHO IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER OR PEACE OFFICER SHALL BE FURNISHED WITH A COPY OF ALL RECORDS OBTAINED UNDER THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE- TO. 5. IF, SUBSEQUENT TO THE SEALING OF RECORDS PURSUANT TO THIS SECTION, THE PERSON WHO IS THE SUBJECT OF SUCH RECORDS IS ARRESTED FOR OR CHARGED WITH ANY MISDEMEANOR OR FELONY OFFENSE, SUCH RECORDS SHALL BE UNSEALED IMMEDIATELY AND REMAIN UNSEALED; PROVIDED, HOWEVER, THAT IF SUCH NEW MISDEMEANOR OR FELONY ARREST RESULTS IN A TERMINATION IN FAVOR OF THE ACCUSED AS DEFINED IN SUBDIVISION THREE OF SECTION 160.50 OF THIS ARTI- CLE OR BY CONVICTION FOR A NON-CRIMINAL OFFENSE AS DESCRIBED IN SECTION 160.55 OF THIS ARTICLE, SUCH UNSEALED RECORDS SHALL BE CONDITIONALLY SEALED PURSUANT TO THIS SECTION. 6. A DEFENDANT WHO WAS CONVICTED OF ONLY ONE ELIGIBLE OFFENSE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION MAY APPLY TO THE COURT OF CONVICTION, ON AN APPLICATION PROMULGATED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES, FOR THE CONDITIONAL SEALING OF SUCH CONVICTION IF: (A) THE OFFENSE WAS COMMITTED WHEN THE DEFENDANT WAS TWENTY YEARS OF AGE OR YOUNGER; AND (B) THE APPLICABLE TIME PERIODS SPECIFIED IN SUBDIVISION TWO OF THIS SECTION HAVE ELAPSED; AND (C) THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME; AND (D) NO CHARGES ARE PENDING FOR ANY CRIME. THERE SHALL BE NO FEE ASSOCIATED WITH THIS APPLICATION AND NO PERSONAL APPEARANCE BY THE DEFENDANT IS REQUIRED. 7. WHEN AN APPLICATION IS MADE FOR SEALING PURSUANT TO SUBDIVISION SIX OF THIS SECTION, THE COURT SHALL NOTIFY THE DISTRICT ATTORNEY. IF THE DISTRICT ATTORNEY DOES NOT PROVIDE NOTICE OF OPPOSITION TO SEALING WITH- IN FORTY-FIVE DAYS OF RECEIPT OF THE APPLICATION AND THE COURT DETER- MINES THAT THE DEFENDANT MEETS THE CRITERIA FOR SEALING SET FORTH IN THIS SECTION AND THAT SEALING IS IN THE INTEREST OF JUSTICE, THE COURT MAY ORDER THAT THE RECORD BE CONDITIONALLY SEALED IN THE MANNER SET FORTH IN THIS SECTION AND NOTIFY THE DIVISION OF CRIMINAL JUSTICE SERVICES OF THE SAME. IF THE DISTRICT ATTORNEY OPPOSES THE APPLICATION, THE COURT SHALL SCHEDULE A HEARING UPON NOTICE TO ALL PARTIES. IF THE COURT, AT THE CONCLUSION OF THE HEARING DETERMINES BY A PREPONDERANCE OF S. 2006--A 121 A. 3006--A THE EVIDENCE THAT SUCH CONVICTION SHOULD BE SEALED IN THE INTEREST OF JUSTICE, THE COURT SHALL ORDER THAT THE CONVICTION BE SEALED AND NOTIFY THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES OF THE SAME. S 68. Section 180.75 of the criminal procedure law, as amended by chapter 264 of the laws of 2003, is amended to read as follows: S 180.75 Proceedings upon felony complaint; juvenile offender. 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 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] 17 OR, COMMENCING JANUARY 1, 2018, A PERSON UNDER THE AGE OF 18 is criminally responsible, the court must [order that the defendant be held for the action of a grand jury of the appropriate superior court] TRANSFER THE ACTION TO THE YOUTH PART OF THE SUPERIOR COURT, and it must promptly transmit to such superior court the order, the felony complaint, the supporting depositions and all other pertinent documents. Until such papers are received by the superior court, the action is deemed to be still pending in the COURT DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART [local criminal court]; or (b) If there is not reasonable cause to believe that the defendant committed a crime for which a person under the age of [sixteen] 17, OR COMMENCING JANUARY 1, 2018, 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 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 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- S. 2006--A 122 A. 3006--A 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. 5. Notwithstanding the provisions of subdivision two, three, or four, if a currently undetermined felony complaint against a juvenile offender is pending in a local criminal court, and the defendant has not waived a hearing pursuant to subdivision two and a hearing pursuant to subdivi- sion three has not commenced, the defendant may move in the superior court which would exercise the trial jurisdiction of the offense or offenses charged were an indictment therefor to result, to remove the action to family court. The procedural rules of subdivisions one and two of section 210.45 of this chapter are applicable to a motion pursuant to this subdivision. Upon such motion, the superior court shall be author- ized to sit as a local criminal court to exercise the preliminary juris- diction specified in subdivisions two and three of this section, and shall proceed and determine the motion as provided in section 210.43 of this chapter; provided, however, that the exception provisions of para- graph (b) of subdivision one of such section 210.43 shall not apply when there is not reasonable cause to believe that the juvenile offender committed one or more of the crimes enumerated therein, and in such event the provisions of paragraph (a) thereof shall apply. 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 S. 2006--A 123 A. 3006--A offender in any local or superior criminal court for the offense or offenses which were the subject of the removal order.] S 68-a. The first undesignated paragraph of section 180.80 of the criminal procedure law, as amended by chapters 556 and 557 of the laws of 1982, are 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 69. Subdivisions (a) and (b) of section 190.71 of the criminal procedure law, subdivision (a) as amended by chapter 7 of the laws of 2007, subdivision (b) as added by chapter 481 of the laws of 1978, are amended to read as follows: (a) Except as provided in subdivision six of section 200.20 of this chapter, a grand jury may not indict (i) a person thirteen years of age for any conduct or crime other than conduct constituting a crime defined in subdivisions one and two of section 125.25 (murder in the second degree) or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (ii) a person fourteen [or], fifteen, SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGH- TEEN, SEVENTEEN years of age for any conduct or crime other than conduct constituting a crime defined in subdivisions one and two of section 125.25 (murder in the second degree) and in subdivision three of such section provided that the underlying crime for the murder charge is one for which such person is criminally responsible; 135.25 (kidnapping in the first degree); 150.20 (arson in the first degree); subdivisions one and two of section 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); subdivisions one and two of section 130.35 (rape in the first degree); subdivisions one and two of section 130.50 (criminal sexual act in the first degree); 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); 150.15 (arson in the second degree); 160.15 (robbery in the first degree); subdivision two of section 160.10 (robbery in the second degree) of the penal law; subdivision four of section 265.02 of the penal law, where such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of the penal law; or section 265.03 of the penal law, where such machine gun or such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of the penal law; or defined in the penal law as an attempt to commit murder in the second degree or kidnapping in the first degree, or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (III) A PERSON SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGH- TEEN, SEVENTEEN YEARS OF AGE FOR ANY CONDUCT OR CRIME OTHER THAN CONDUCT CONSTITUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THE PENAL LAW; A CRIME THAT IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; A CRIME DEFINED IN THE FOLLOWING SECTIONS OF THE PENAL LAW: SECTION 120.03 (VEHICULAR ASSAULT IN THE S. 2006--A 124 A. 3006--A SECOND DEGREE); 120.04 (VEHICULAR ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR ASSAULT); 125.10 (CRIMINALLY NEGLIGENT HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE); 125.12 (VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE); 125.14 (AGGRAVATED VEHICULAR HOMICIDE); 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.13 (TAMPER- ING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF THE PENAL LAW WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THE PENAL LAW WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 OF THE PENAL LAW PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE. (b) A grand jury may vote to file a request to remove a charge to the family court if it finds that a person [thirteen, fourteen or fifteen] SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN years of age OR YOUNGER did an act which, if done by a person over the age of sixteen, OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN, would constitute a crime provided (1) such act is one for which it may not indict; (2) it does not indict such person for a crime; and (3) the evidence before it is legally sufficient to establish that such person did such act and competent and admissible evidence before it provides reasonable cause to believe that such person did such act. S 70. Subdivision 6 of section 200.20 of the criminal procedure law, as added by chapter 136 of the laws of 1980, is amended to read as follows: 6. Where an indictment charges at least one offense against a defend- ant who was under the age of [sixteen] SEVENTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, EIGHTEEN at the time of the commission of the crime and who did not lack criminal responsibility for such crime by reason of infancy, the indictment may, in addition, charge in separate counts one or more other offenses for which such person would not have been criminally responsible by reason of infancy, if: (a) the offense for which the defendant is criminally responsible and the one or more other offenses for which he 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. 2006--A 125 A. 3006--A S 71. The opening paragraph of subdivision 1 and subdivision 5 of section 210.43 of the criminal procedure law; as added by chapter 411 of the laws of 1979, are amended to read as follows: After [a motion by a juvenile offender, pursuant to subdivision five of section 180.75 of this chapter, or after] arraignment of a juvenile offender upon an indictment, the superior court may, on motion of any party or on its own motion: [5. a. If the court orders removal of the action to family court, it shall state on the record the factor or factors upon which its determi- nation is based, and, the court shall give its reasons for removal in detail and not in conclusory terms. b. The district attorney shall state upon the record the reasons for his consent to removal of the action to the family court. The reasons shall be stated in detail and not in conclusory terms.] S 72. Paragraph (g) of subdivision 5 of section 220.10 of the criminal procedure law, as amended by chapter 410 of the laws of 1979, subpara- graph (iii) as amended by chapter 264 of the laws of 2003, the second undesignated paragraph as amended by chapter 920 of the laws of the laws of 1982 and the closing paragraph as amended by chapter 411 of the laws of 1979, is amended to read as follows: (g) Where the defendant is a juvenile offender, the provisions of paragraphs (a), (b), (c) and (d) of this subdivision shall not apply and any plea entered pursuant to subdivision three or four of this section, must be as follows: (i) If the indictment charges a person fourteen [or], fifteen OR SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN years old with the crime of murder in the second degree any plea of guilty entered pursuant to subdivision three or four must be a plea of guilty of a crime for which the defendant is criminally responsible; (ii) If the indictment does not charge a crime specified in subpara- graph (i) of this paragraph, then any plea of guilty entered pursuant to subdivision three or four of this section must be a plea of guilty of a crime for which the defendant is criminally responsible unless a plea of guilty is accepted pursuant to subparagraph (iii) of this paragraph; (iii) Where the indictment does not charge a crime specified in subparagraph (i) of this paragraph, the district attorney may recommend removal of the action to the family court. Upon making such recommenda- tion the district attorney shall submit a subscribed memorandum setting forth: (1) a recommendation that the interests of justice would best be served by removal of the action to the family court; and (2) if the indictment charges a thirteen year old with the crime of murder in the second degree, or a fourteen [or], fifteen OR SIXTEEN YEAR OLD, OR COMMENCING JANUARY FIRST TWO THOUSAND EIGHTEEN, SEVENTEEN year old with the crimes of rape in the first degree as defined in subdivision one of section 130.35 of the penal law, or criminal sexual act in the first degree as defined in subdivision one of section 130.50 of the penal law, or an armed felony as defined in paragraph (a) of subdivision forty-one of section 1.20 of this chapter specific factors, one or more of which reasonably supports the recommendation, showing, (i) mitigating circum- stances that bear directly upon the manner in which the crime was committed, or (ii) where the defendant was not the sole participant in the crime, that the defendant's participation was relatively minor although not so minor as to constitute a defense to the prosecution, or (iii) possible deficiencies in proof of the crime, or (iv) where the juvenile offender has no previous adjudications of having committed a designated felony act, as defined in subdivision eight of section 301.2 S. 2006--A 126 A. 3006--A of the family court act, regardless of the age of the offender at the time of commission of the act, that the criminal act was not part of a pattern of criminal behavior and, in view of the history of the offen- der, is not likely to be repeated. If the court is of the opinion based on specific factors set forth in the district attorney's memorandum that the interests of justice would best be served by removal of the action to the family court, a plea of guilty of a crime or act for which the defendant is not criminally responsible may be entered pursuant to subdivision three or four of this section, except that a thirteen year old charged with the crime of murder in the second degree may only plead to a designated felony act, as defined in subdivision eight of section 301.2 of the family court act. Upon accepting any such plea, the court must specify upon the record the portion or portions of the district attorney's statement the court is relying upon as the basis of its opinion and that it believes the interests of justice would best be served by removal of the proceeding to the family court. Such plea shall then be deemed to be a juvenile delinquency fact determination and the court upon entry thereof must direct that the action be removed to the family court in accordance with the provisions of article seven hundred twenty-five of this chapter. S 72-a. Subdivision 2 of section 410.40 of the criminal procedure law 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 S. 2006--A 127 A. 3006--A 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 1, 2017, 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 1, 2018, BRING THE DEFENDANT TO A JUVENILE DETENTION FACILITY, TO BE DETAINED THERE UNTIL NOT LATER THAN THE COMMENCEMENT OF THE NEXT SESSION OF SUCH COURT OCCURRING ON THE NEXT BUSINESS DAY. S 73. Section 410.60 of the criminal procedure law, as amended by chapter 652 of the laws of 2008, is amended to read as follows: S 410.60 Appearance before court. (A) A person who has been taken into custody pursuant to section 410.40 or section 410.50 of this article for violation of a condition of a sentence of probation or a sentence of conditional discharge must forthwith be brought before the court that imposed the sentence. Where a violation of probation petition and report has been filed and the person has not been taken into custody nor has a warrant been issued, an initial court appearance shall occur within ten business days of the court's issuance of a notice to appear. If the court has reasonable cause to believe that such person has violated a condition of the sentence, it may commit him OR HER to the custody of the sheriff or fix bail or release such person on his OR HER own recognizance for future appearance at a hearing to be held in accordance with section 410.70 of this article. If the court does not have reasonable cause to believe that such person has violated a condition of the sentence, it must direct that he OR SHE be released. (B) A JUVENILE OFFENDER WHO HAS BEEN TAKEN INTO CUSTODY PURSUANT TO SECTION 410.40 OR SECTION 410.50 OF THIS ARTICLE FOR VIOLATION OF A CONDITION OF A SENTENCE OF PROBATION OR A SENTENCE OF CONDITIONAL DISCHARGE MUST FORTHWITH BE BROUGHT BEFORE THE COURT THAT IMPOSED THE SENTENCE. WHERE A VIOLATION OF PROBATION PETITION AND REPORT HAS BEEN FILED AND THE PERSON HAS NOT BEEN TAKEN INTO CUSTODY NOR HAS A WARRANT BEEN ISSUED, AN INITIAL COURT APPEARANCE SHALL OCCUR WITHIN TEN BUSINESS DAYS OF THE COURT'S ISSUANCE OF A NOTICE TO APPEAR. IF THE COURT HAS REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF THE SENTENCE, IT MAY COMMIT HIM OR HER TO THE CUSTODY OF THE SHERIFF OR FIX BAIL OR RELEASE SUCH PERSON ON HIS OR HER OWN RECOGNIZANCE FOR FUTURE APPEARANCE AT A HEARING TO BE HELD IN ACCORDANCE WITH SECTION 410.70 OF THIS ARTICLE. PROVIDED, HOWEVER, NOTHING HEREIN SHALL AUTHOR- IZE A JUVENILE TO BE DETAINED FOR A VIOLATION OF A CONDITION THAT WOULD NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETER- MINES (I) THAT THE JUVENILE POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFETY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE JUVENILE IS ON PROBATION FOR AN ACT THAT WOULD CONSTITUTE A VIOLENT FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN ADULT AND THE USE OF GRADUATED SANCTIONS HAS BEEN EXHAUSTED WITHOUT SUCCESS. IF THE COURT DOES NOT HAVE REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF THE SENTENCE, IT MUST DIRECT THAT THE JUVENILE BE RELEASED. S 74. Subdivision 5 of section 410.70 of the 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 S. 2006--A 128 A. 3006--A 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 75. The criminal procedure law is amended by adding a new section 410.90-a to read as follows: S 410.90-A SUPERIOR COURT; YOUTH PART. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE, ALL PROCEEDINGS RELATING TO A JUVENILE OFFENDER SHALL BE HEARD IN THE YOUTH PART OF THE SUPERIOR COURT HAVING JURISDICTION AND ANY INTRASTATE TRANSFERS UNDER THIS ARTICLE SHALL BE BETWEEN COURTS DESIGNATED AS A YOUTH PART PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER. S 76. Section 510.15 of the criminal procedure law, as amended by chapter 411 of the laws of 1979, subdivision 1 as designated and subdi- vision 2 as added by chapter 359 of the laws of 1980, is amended to read as follows: S 510.15 Commitment of principal under [sixteen] SEVENTEEN OR EIGHTEEN. 1. When a principal who is (A) under the age of sixteen; OR (B) COMMENCING JANUARY 1, 2017 A PRINCIPAL WHO IS UNDER THE AGE OF SEVEN- TEEN; OR (C) COMMENCING JANUARY 1, 2018, A PRINCIPAL WHO IS UNDER THE AGE OF EIGHTEEN, is committed to the custody of the sheriff the court must direct that the principal be taken to and lodged in a place certi- fied 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] SPECI- FIED 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 with- out 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 S. 2006--A 129 A. 3006--A 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: 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 WHO HAS NOT PREVIOUSLY BEEN CONVICTED AND SENTENCED OR ADJUDICATED FOR A FELONY, UNLESS THE DISTRICT ATTORNEY UPON MOTION WITH NOT LESS THAN SEVEN DAYS NOTICE TO SUCH PERSON OR HIS OR HER ATTORNEY DEMONSTRATES TO THE SATISFACTION OF THE COURT THAT THE INTERESTS OF JUSTICE REQUIRE OTHERWISE. S 79-a. Subdivision 1 of section 720.35 of the criminal procedure law, as amended by chapter 402 of the laws of 2014, is amended to read as follows: 1. [A] EXCEPT AS PROVIDED IN SUBDIVISION THREE OF SECTION 60.10 OF THE PENAL LAW, A youthful offender adjudication is not a judgment of S. 2006--A 130 A. 3006--A 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] MM of the executive law. A defendant for whom a youthful offender adju- dication was substituted, who was originally charged with prostitution as defined in section 230.00 of the penal law or loitering for the purposes of prostitution as defined in subdivision two of section 240.37 of the penal law provided that the person does not stand charged with loitering for the purpose of patronizing a prostitute, for an offense allegedly committed when he or she was sixteen or seventeen years of age, shall be deemed a "sexually exploited child" as defined in subdivi- sion 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: 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 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. 4. WHEN PREPARING A PRE-SENTENCE INVESTIGATION REPORT OF ANY SUCH YOUTH, THE PROBATION DEPARTMENT SHALL INCORPORATE A SUMMARY OF THE ASSESSMENT FINDINGS, ANY REFERRALS AND PROGRESS WITH RESPECT TO MITIGAT- ING RISK AND ADDRESSING ANY IDENTIFIED JUVENILE NEEDS. S 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED. THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTABLISH, IN A SUPERIOR COURT IN EACH COUNTY OF THE STATE THAT EXERCISES CRIMINAL S. 2006--A 131 A. 3006--A 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 ARTICLE. 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 SECTION SHALL APPLY. 2. THE YOUTH PART SHALL HOLD A HEARING ON THE COMPLAINT UNLESS THE DEFENDANT WAIVES A HEARING. IF THE DEFENDANT WAIVES A HEARING THE COURT MUST ORDER THAT THE DEFENDANT BE HELD FOR ACTION OF THE GRAND JURY. 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 SEVENTEEN OR, COMMENCING JANUARY 1, 2018, A PERSON UNDER 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 1, 2018, A PERSON UNDER THE AGE OF EIGHTEEN IS CRIMI- NALLY RESPONSIBLE BUT THERE IS REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT IS A "JUVENILE DELINQUENT", AS DEFINED IN SUBDIVISION ONE OF SECTION 301.2 OF THE FAMILY COURT ACT, THE COURT MUST SPECIFY THE ACT OR ACTS IT FOUND REASONABLE CAUSE TO BELIEVE THE DEFENDANT DID AND DIRECT THAT THE ACTION BE REMOVED TO THE FAMILY COURT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS TITLE; OR (C) IF THERE IS NOT REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT COMMITTED ANY CRIMINAL ACT, THE COURT MUST DISMISS THE FELONY COMPLAINT AND DISCHARGE THE DEFENDANT FROM CUSTODY IF HE OR SHE IS IN CUSTODY, OR IF HE OR SHE IS AT LIBERTY ON BAIL, IT MUST EXONERATE THE BAIL. 3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, A YOUTH PART SHALL, (A) ORDER REMOVAL OF AN ACTION AGAINST A JUVENILE OFFENDER ACCUSED OF ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVI- SION TWO OF SECTION 160.10; AND A JUVENILE OFFENDER ACCUSED OF COMMIT- TING A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL LAW AT AGE SIXTEEN, OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, AT AGE SIXTEEN OR SEVENTEEN, FOR WHICH A YOUTH AGE FIFTEEN OR YOUNGER IS NOT CRIMINALLY RESPONSIBLE, TO THE FAMILY COURT PURSUANT TO THE PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER IF, AFTER CONSIDERATION OF THE FACTORS SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION, THE COURT DETERMINES THAT TO DO SO WOULD BE IN THE INTER- ESTS OF JUSTICE. PROVIDED, HOWEVER, THAT THE COURT SHALL FIND THAT SUCH REMOVAL IS NOT IN THE INTERESTS OF JUSTICE IF THE DISTRICT ATTORNEY PROVES, BY A PREPONDERANCE OF THE EVIDENCE THAT THE YOUTH PLAYED A PRIMARY ROLE IN COMMISSION OF THE CRIME OR AGGRAVATING CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE YOUTH'S USE OF A WEAPON, ARE PRESENT. (B) AT THE REQUEST OF THE DISTRICT ATTORNEY, ORDER REMOVAL OF AN ACTION AGAINST A JUVENILE OFFENDER, OTHER THAN AN ACTION SUBJECT TO PARAGRAPH (A) OF THIS SUBDIVISION, TO THE FAMILY COURT PURSUANT TO THE PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER IF, UPON CONSIDER- ATION OF THE CRITERIA SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION, IT S. 2006--A 132 A. 3006--A IS DETERMINED THAT TO DO SO WOULD BE IN THE INTERESTS OF JUSTICE. WHERE, HOWEVER, THE FELONY COMPLAINT CHARGES THE JUVENILE OFFENDER CHARGED WITH MURDER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.25 OF THE PENAL LAW; RAPE IN THE FIRST DEGREE, AS DEFINED IN SUBDIVISION ONE OF SECTION 130.35 OF THE PENAL LAW; CRIMINAL SEXUAL ACT IN THE FIRST DEGREE, AS DEFINED IN SUBDIVISION ONE OF SECTION 130.50 OF THE PENAL LAW; OR AN ARMED FELONY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION FORTY-ONE OF SECTION 1.20 OF THIS CHAPTER, A DETERMINATION THAT SUCH ACTION BE REMOVED TO THE FAMILY COURT SHALL, IN ADDITION, BE BASED UPON A FINDING OF ONE OR MORE OF THE FOLLOWING FACTORS: (I) MITIGATING CIRCUMSTANCES THAT BEAR DIRECTLY UPON THE MANNER IN WHICH THE CRIME WAS COMMITTED; (II) WHERE THE DEFENDANT WAS NOT THE SOLE PARTICIPANT IN THE CRIME, THE DEFENDANT'S PARTICIPATION WAS RELATIVELY MINOR ALTHOUGH NOT SO MINOR AS TO CONSTITUTE A DEFENSE TO THE PROSECUTION; OR (III) POSSIBLE DEFICIEN- CIES IN THE PROOF OF THE CRIME. (C) IN MAKING ITS DETERMINATION PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION THE COURT SHALL, TO THE EXTENT APPLICABLE, EXAMINE INDIVID- UALLY AND COLLECTIVELY, THE FOLLOWING: (I) THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE; (II) THE EXTENT OF HARM CAUSED BY THE OFFENSE; (III) THE EVIDENCE OF GUILT, WHETHER ADMISSIBLE OR INADMISSIBLE AT TRIAL; (IV) THE HISTORY, CHARACTER AND CONDITION OF THE DEFENDANT; (V) THE PURPOSE AND EFFECT OF IMPOSING UPON THE DEFENDANT A SENTENCE AUTHORIZED FOR THE OFFENSE; (VI) THE IMPACT OF A REMOVAL OF THE CASE TO THE FAMILY COURT ON THE SAFETY OR WELFARE OF THE COMMUNITY; (VII) THE IMPACT OF A REMOVAL OF THE CASE TO THE FAMILY COURT UPON THE CONFIDENCE OF THE PUBLIC IN THE CRIMINAL JUSTICE SYSTEM; (VIII) WHERE THE COURT DEEMS IT APPROPRIATE, THE ATTITUDE OF THE COMPLAINANT OR VICTIM WITH RESPECT TO THE MOTION; AND (IX) ANY OTHER RELEVANT FACT INDICATING THAT A JUDGMENT OF CONVICTION IN THE CRIMINAL COURT WOULD SERVE NO USEFUL PURPOSE. (D) FOR THE PURPOSE OF MAKING A DETERMINATION PURSUANT TO THIS SECTION, ANY EVIDENCE WHICH IS NOT LEGALLY PRIVILEGED MAY BE INTRODUCED. IF THE DEFENDANT TESTIFIES, HIS OR HER TESTIMONY MAY NOT BE INTRODUCED AGAINST HIM OR HER IN ANY FUTURE PROCEEDING, EXCEPT TO IMPEACH HIS OR HER TESTIMONY AT SUCH FUTURE PROCEEDING AS INCONSISTENT PRIOR TESTIMONY. (E) THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT THE POWERS OF THE GRAND JURY. 4. IF AN ACTION IS NOT REMOVED TO THE FAMILY COURT PURSUANT TO SUBDI- VISION THREE OF THIS SECTION, THE YOUTH PART SHALL HEAR THE CASE SITTING AS A CRIMINAL COURT OR, IN ITS DISCRETION, WHEN THE DEFENDANT IS SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN YEARS OF AGE THE YOUTH PART MAY RETAIN IT AS A JUVENILE DELINQUENCY PROCEEDING FOR ALL PURPOSES, AND SHALL MAKE SUCH PROCEEDING FULLY SUBJECT TO THE PROVISIONS AND GRANT ANY RELIEF AVAILABLE UNDER ARTICLE THREE OF THE FAMILY COURT ACT. S 81. The opening paragraph and subdivisions 2 and 3 of section 725.05 of the criminal procedure law, as added by chapter 481 of the laws of 1978, are amended to read as follows: When a [court] YOUTH PART directs that an action or charge is to be removed to the family court the [court] YOUTH PART must issue an order of removal in accordance with this section. Such order must be as follows: S. 2006--A 133 A. 3006--A 2. Where the direction is authorized pursuant to paragraph (b) of subdivision [three] TWO of section [180.75] 722.20 of this [chapter] TITLE, it must specify the act or acts it found reasonable cause to believe the defendant did. 3. Where the direction is authorized pursuant to subdivision [four] THREE of section [180.75] 722.20 of this [chapter] TITLE, it must speci- fy the act or acts it found reasonable cause to allege. S 82. Section 725.20 of the criminal procedure law, as added by chap- ter 481 of the laws of 1978, subdivisions 1 and 2 as amended by chapter 411 of the laws of 1979, is amended to read as follows: S 725.20 Record of certain actions removed. 1. The provisions of this section shall apply in any case where an order of removal to the family court is entered pursuant to a direction authorized by subdivision [four] THREE of section [180.75] 722.20 OF THIS TITLE, [or section 210.43,] or subparagraph (iii) of paragraph [(h)] (G) of subdivision five of section 220.10 of this chapter, or section 330.25 of this chapter. 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 S. 2006--A 134 A. 3006--A 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 COMMENCING JANUARY 1, 2017, NO COUNTY JAIL SHALL BE USED FOR THE CONFINEMENT OF ANY PERSON UNDER THE AGE OF SEVENTEEN WHO IS SENTENCED FOR AN OFFENSE ON OR AFTER JANUARY 1, 2017, AND, COMMENCING JANUARY 1, 2018, NO COUNTY JAIL SHALL BE USED FOR THE CONFINEMENT OF ANY PERSON UNDER THE AGE OF EIGHTEEN WHO IS SENTENCED FOR AN OFFENSE ON OR AFTER JANUARY 1, 2018. PLACEMENT OF ANY PERSON WHO MAY NOT BE CONFINED TO A COUNTY JAIL PURSUANT 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. Subparagraph 8 of paragraph h of subdivision 4 of section 1950 of the education law, as amended by section 1 of part G of chapter 58 of the laws of 2014, is amended to read as follows: (8) To enter into contracts with the commissioner of the office of children and family services pursuant to subdivision six-a of section thirty-two hundred two of this chapter to provide to such office, for the benefit of youth in its custody, any special education programs, related services [and], career and technical education services AND ANY OTHER PROGRAMS provided by the board of cooperative educational services to component school districts. Any such proposed contract shall be subject to the review and approval of the commissioner to determine that it is an approved cooperative educational service. Services provided pursuant to such contracts shall be provided at cost, and the board of cooperative educational services shall not be authorized to charge any costs incurred in providing such services to its component school districts. S 87-a. Subdivision 6-a of section 3202 of the education law, as amended by part G of chapter 58 of the Laws of 2014, is amended to read as follows: 6-a. Notwithstanding subdivision six of this section or any other law to the contrary, the commissioner of the office of children and family services shall be responsible for the secular education of youth under the jurisdiction of the office and may contract for such education with the trustees or board of education of the school district wherein a facility for the residential care of such youth is located or with the board of cooperative educational services at which any such school district is a component district [for special education programs, related services and career and technical education services] IN ACCORD- ANCE WITH SUBPARAGRAPH (8) OF PARAGRAPH (H) OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED AND FIFTY OF THIS CHAPTER. A youth attending a local public school while in residence at such facility shall be deemed a resident of the school district where his parent or guardian resides at the commencement of each school year for the purpose of determining S. 2006--A 135 A. 3006--A which school district shall be responsible for the youth's tuition pursuant to section five hundred four of the executive law. S 88. Subparagraph 1 of paragraph d of subdivision 3 of section 3214 of the education law, as amended by chapter 425 of the laws of 2002, is amended to read as follows: (1) Consistent with the federal gun-free schools act, any public school pupil who is determined under this subdivision to have brought a firearm to or possessed a firearm at a public school shall be suspended for a period of not less than one calendar year and any nonpublic school pupil participating in a program operated by a public school district using funds from the elementary and secondary education act of nineteen hundred sixty-five who is determined under this subdivision to have brought a firearm to or possessed a firearm at a public school or other premises used by the school district to provide such programs shall be suspended for a period of not less than one calendar year from partic- ipation in such program. The procedures of this subdivision shall apply to such a suspension of a nonpublic school pupil. A superintendent of schools, district superintendent of schools or community superintendent shall have the authority to modify this suspension requirement for each student on a case-by-case basis. The determination of a superintendent shall be subject to review by the board of education pursuant to para- graph c of this subdivision and the commissioner pursuant to section three hundred ten of this chapter. Nothing in this subdivision shall be deemed to authorize the suspension of a student with a disability in violation of the individuals with disabilities education act or article eighty-nine of this chapter. A superintendent shall refer the pupil under the age of sixteen who has been determined to have brought a weap- on or firearm to school in violation of this subdivision to a present- ment agency for a juvenile delinquency proceeding consistent with arti- cle three of the family court act except a student fourteen or fifteen years of age who qualifies for juvenile offender status under subdivi- sion forty-two of section 1.20 of the criminal procedure law; PROVIDED HOWEVER, THAT COMMENCING ON JANUARY FIRST, TWO THOUSAND SEVENTEEN, A SUPERINTENDENT SHALL REFER THE PUPIL UNDER THE AGE OF SEVENTEEN WHO HAS BEEN DETERMINED TO HAVE BROUGHT A WEAPON OR FIREARM TO SCHOOL IN VIOLATION OF THIS SUBDIVISION TO A PRESENTMENT AGENCY FOR A JUVENILE DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT ACT EXCEPT A STUDENT WHO QUALIFIES FOR JUVENILE OFFENDER STATUS UNDER SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; AND PROVIDED FURTHER THAT COMMENCING ON JANUARY FIRST, TWO THOUSAND EIGH- TEEN, A SUPERINTENDENT SHALL REFER THE PUPIL UNDER THE AGE OF EIGHTEEN WHO HAS BEEN DETERMINED TO HAVE BROUGHT A WEAPON OR FIREARM TO SCHOOL IN VIOLATION OF THIS SUBDIVISION TO A PRESENTMENT AGENCY FOR A JUVENILE DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT ACT EXCEPT A STUDENT WHO QUALIFIES FOR JUVENILE OFFENDER STATUS UNDER SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW. A superintendent shall refer any pupil sixteen years of age or older or a student fourteen or fifteen years of age who qualifies for juvenile offender status under subdivision forty-two of section 1.20 of the crim- inal procedure law, who has been determined to have brought a weapon or firearm to school in violation of this subdivision to the appropriate law enforcement officials. S 89. Paragraph e of subdivision 3 of section 3214 of the education law, as amended by chapter 170 of the laws of 2006, is amended to read as follows: S. 2006--A 136 A. 3006--A e. Procedure after suspension. Where a pupil has been suspended pursu- ant to this subdivision and said pupil is of compulsory attendance age, immediate steps shall be taken for his or her attendance upon instruc- tion elsewhere or for supervision [or detention] of said pupil pursuant to the provisions of article seven of the family court act. Where a pupil has been suspended for cause, the suspension may be revoked by the board of education whenever it appears to be for the best interest of the school and the pupil to do so. The board of education may also condition a student's early return to school and suspension revocation on the pupil's voluntary participation in counseling or specialized classes, including anger management or dispute resolution, where appli- cable. S 90. Paragraph b of subdivision 4 of section 3214 of the education law, as amended by chapter 181 of the laws of 2000, is amended to read as follows: b. The school authorities may institute proceedings before a court having jurisdiction to determine the liability of a person in parental relation to contribute towards the maintenance of a school delinquent under [sixteen] SEVENTEEN years of age ordered to attend upon instruc- tion under confinement. If the court shall find the person in parental relation able to contribute towards the maintenance of such a minor, it may issue an order fixing the amount to be paid weekly. S 91. Subdivisions 3 and 4 of section 246 of the executive law, as amended by section 10 of part D of chapter 56 of the laws of 2010, are amended to read as follows: 3. Applications from counties or the city of New York for state aid under this section shall be made by filing with the division of criminal justice services, a detailed plan, including cost estimates covering probation services for the fiscal year or portion thereof for which aid is requested. Included in such estimates shall be clerical costs and maintenance and operation costs as well as salaries of probation person- nel, FAMILY ENGAGEMENT SPECIALISTS and such other pertinent information as the commissioner of the division of criminal justice services may require. Items for which state aid is requested under this section shall be duly designated in the estimates submitted. The commissioner of the division of criminal justice services, after consultation with the state probation commission and the director of the office of probation and correctional alternatives, shall approve such plan if it conforms to standards relating to the administration of probation services as speci- fied in the rules adopted by him or her. 4. A. An approved plan and compliance with standards relating to the administration of probation services promulgated by the commissioner of the division of criminal justice services shall be a prerequisite to eligibility for state aid. The commissioner of the division of criminal justice services may take into consideration granting additional state aid from an appropriation made for state aid for county probation services for counties or the city of New York when a county or the city of New York demonstrates that additional probation services were dedicated to intensive supervision programs[,] AND intensive programs for sex offenders [or programs defined as juvenile risk intervention services]. THE COMMISSIONER SHALL GRANT ADDITIONAL STATE AID FROM AN APPROPRIATION DEDICATED TO JUVENILE RISK INTERVENTION SERVICES COORDINATION BY PROBATION DEPARTMENTS WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, PROBATION SERVICES PERFORMED UNDER ARTICLE THREE OF THE FAMILY COURT ACT OR ARTICLE SEVEN HUNDRED TWENTY-TWO OF THE CRIMINAL PROCEDURE LAW. The administration of such S. 2006--A 137 A. 3006--A 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. COMMENCING JANUARY FIRST, TWO THOUSAND SEVENTEEN, 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 AGED 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 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) (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A DEFENDANT SUBJECT TO SECTION 259-MM OF THIS CHAPTER, MAY BE DETAINED AS AUTHORIZED BY THE INTERSTATE COMPACT FOR ADULT OFFEN- DER SUPERVISION. (B) A DEFENDANT SHALL BE DETAINED AT A LOCAL CORRECTIONAL FACILITY, EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION. (C) (I) 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 1, 2017 OR (II) 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 1, 2018, SHALL BE DETAINED IN A JUVENILE DETENTION FACILITY. S 91-b. Subdivision 16 of section 296 of the executive law, as amended by 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] SECTIONS 160.56 OR 160.58 of the criminal procedure law, in connection with the licensing, employment or providing of credit or insurance to such individual; provided, further, that no person shall be required to divulge information pertaining to any arrest or criminal accusation of such individual not then pending against that individual which was S. 2006--A 138 A. 3006--A followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law, or by a conviction which is sealed pursuant to [section] SECTIONS 160.56 OR 160.58 of the criminal proce- dure law. The provisions of this subdivision shall not apply to the licensing activities of governmental bodies in relation to the regu- lation of guns, firearms and other deadly weapons or in relation to an application for employment as a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of the criminal procedure law; provided further that the provisions of this subdivision shall not apply to an application for employment or membership in any law enforcement agency with respect to any arrest or criminal accusation which was followed by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law, or by a conviction which is sealed pursuant to [section] SECTIONS 160.56 OR 160.58 of the criminal procedure law. S 92. Section 502 of the executive law, as added by chapter 465 of the laws of 1992, subdivision 3 as amended by section 1 of subpart B of part Q of chapter 58 of the laws of 2011, is amended to read as follows: S 502. Definitions. Unless otherwise specified in this article: 1. "Director" means the [director of the division for youth] COMMIS- SIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. 2. ["Division] "DIVISION", "OFFICE" OR "DIVISION FOR YOUTH" means the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES. 3. "Detention" means the temporary care and maintenance of youth held away from their homes pursuant to article three or seven of the family court act, OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT, or held pending a hearing for alleged violation of the conditions of release from an office of chil- dren and family services facility or authorized agency, or held pending a hearing for alleged violation of the condition of parole OR POST-RE- LEASE SUPERVISION as a juvenile offender, or held pending return to a jurisdiction other than the one in which the youth is held, or held pursuant to a securing order of a criminal court if the youth named therein as principal is charged as a juvenile offender or held pending a hearing on an extension of placement or held pending transfer to a facility upon commitment or placement by a court. Only alleged or convicted juvenile offenders who have not attained their eighteenth OR, COMMENCING JANUARY FIRST, TWO THOUSAND SEVENTEEN, THEIR TWENTY-FIRST birthday shall be subject to detention in a detention facility. 4. For purposes of this article, the term "youth" shall [be synonymous with the term "child" and means] MEAN a person not less than [seven] TEN years of age and not more than twenty OR COMMENCING JANUARY FIRST, TWO THOUSAND SEVENTEEN, NOT MORE THAN TWENTY-THREE years of age. 5. "Placement" means the transfer of a youth to the custody of the [division] OFFICE pursuant to the family court act. 6. "Commitment" means the transfer of a youth to the custody of the [division] OFFICE pursuant to the penal law. 7. "Conditional release" means the transfer of a youth from facility status to aftercare supervision under the continued custody of the [division] OFFICE. S. 2006--A 139 A. 3006--A 8. "Discharge" means the termination of [division] OFFICE custody of a youth. 9. "Aftercare" means supervision of a youth on conditional release OR POST-RELEASE status under the continued custody of the division. S 93. Subdivision 7 of section 503 of the executive law, as amended by section 2 of subpart B of part Q of chapter 58 of the laws of 2011, is amended to read as follows: 7. The person in charge of each detention facility shall keep a record of all time spent in such facility for each youth in care. The detention facility shall deliver a certified transcript of such record to the office, social services district, or other agency taking custody of the youth pursuant to article three [or seven] of the family court act, before, or at the same time as the youth is delivered to the office, district or other agency, as is appropriate. S 94. Subdivision 1 of section 505 of the executive law, as amended by chapter 465 of the laws of 1992, is amended to read as follows: 1. There shall be a facility director of each [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES OPERATED facility. Such facility director shall be appointed by the [director] COMMISSIONER of the [divi- sion] OFFICE OF CHILDREN AND FAMILY SERVICES and THE POSITION shall be in the noncompetitive class and designated as confidential as defined by subdivision two-a of section forty-two of the civil service law. The facility director shall have [two years] SUCH experience [in appropriate titles in state government. Such facility director shall have such] AND other qualifications as may be prescribed by the director OF CLASSIFICA- TION AND COMPENSATION WITHIN THE DEPARTMENT OF CIVIL SERVICE IN CONSUL- TATION WITH THE COMMISSIONER of the [division,] OFFICE OF CHILDREN AND FAMILY SERVICES based on differences in duties, levels of responsibil- ity, size and character of the facility, knowledge, skills and abilities required, and other factors affecting the position [and]. SUCH FACILITY DIRECTOR shall serve at the pleasure of the [director] COMMISSIONER of the [division] OFFICE OF CHILDREN AND FAMILY SERVICES. S 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 S. 2006--A 140 A. 3006--A OFFICE UNDER SUBDIVISION FOUR OF SECTION 353.5 OF THE FAMILY COURT ACT FOR COMMITTING AN ACT ON OR AFTER THE YOUTH'S SIXTEENTH BIRTHDAY MAY REMAIN IN THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES UP TO THE AGE OF TWENTY-THREE IN ACCORDANCE WITH HIS OR HER PLACEMENT ORDER. (A-2) Whenever it shall appear to the satisfaction of the [division] OFFICE OF CHILDREN AND FAMILY SERVICES that any youth placed therewith is not of proper age to be so placed or is not properly placed, or is mentally or physically incapable of being materially benefited by the program of the [division] OFFICE, the [division] OFFICE shall cause the return of such youth to the county from which placement was made. (b) The [division] OFFICE shall deliver such youth to the custody of the placing court, along with the records provided to the [division] OFFICE pursuant to section five hundred seven-b of this article, there to be dealt with by the court in all respects as though no placement had been made. (c) The cost and expense of the care and return of such youth incurred by the [division] OFFICE shall be reimbursed to the state by the social services district from which such youth was placed in the manner provided by section five hundred twenty-nine of this article. 3. The [division] OFFICE may photograph any youth in its custody. Such photograph may be used only for the purpose of assisting in the return of conditionally released children and runaways pursuant to section five hundred ten-b of this article. Such photograph shall be destroyed immediately upon the discharge of the youth from [division] OFFICE custody. 4. (a) A youth placed with or committed to the [division] OFFICE may, immediately following placement or commitment, be remanded to an appro- priate detention facility. (b) The [division] OFFICE shall admit a [child] YOUTH placed [with the division] UNDER ITS CARE to a facility of the [division] OFFICE within fifteen days of the date of the order of placement with the [division] OFFICE and shall admit a juvenile offender committed to the [division] OFFICE to a facility of the [division] OFFICE within ten days of the date of the order of commitment to the [division] OFFICE, except as provided in section five hundred seven-b of this article. 5. Consistent with other provisions of law, in the discretion of the [director, youth] COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, YOUTH PLACED WITHIN THE OFFICE UNDER THE FAMILY COURT ACT who attain the age of eighteen while in [division] custody OF THE OFFICE AND WHO ARE NOT REQUIRED TO REMAIN IN THE PLACEMENT WITH THE OFFICE AS A RESULT OF A DISPOSITIONAL ORDER OF THE FAMILY COURT may reside in a non-secure facility until the age of twenty-one, provided that such youth attend a full-time vocational or educational program and are like- ly to benefit from such program. S 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, S. 2006--A 141 A. 3006--A determinate or definite sentence] TO THE OFFICE pursuant to the sentenc- ing provisions of the penal law. Such facilities shall provide appropri- ate services to juvenile offenders including but not limited to residen- tial care, educational and vocational training, physical and mental health services, and employment counseling. 1-A. ANY NEW FACILITIES DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES TO SERVE THE ADDITIONAL YOUTH PLACED WITH THE OFFICE AS A RESULT OF RAISING THE AGE OF JUVENILE JURISDICTION SHALL, TO THE EXTENT PRACTICABLE, CONSIST OF SMALLER, MORE HOME-LIKE FACILITIES LOCATED NEAR THE YOUTHS' HOMES AND FAMILIES THAT PROVIDE GENDER-RESPONSIVE PROGRAM- MING, SERVICES AND TREATMENT IN SMALL, CLOSELY SUPERVISED GROUPS THAT OFFER EXTENSIVE AND ON-GOING INDIVIDUAL ATTENTION AND ENCOURAGE SUPPORT- IVE PEER RELATIONSHIPS. 2. Juvenile offenders COMMITTED TO THE OFFICE FOR COMMITTING CRIMES PRIOR TO THE AGE OF SIXTEEN shall be confined in such facilities [until the age of twenty-one] IN ACCORDANCE WITH THEIR SENTENCES, and shall not be released, discharged or permitted home visits except pursuant to the provisions of this section. [(a) The director of the division for youth may authorize the transfer of a juvenile offender in his custody, who has been convicted of burglary or robbery, to a school or center established and operated pursuant to title three of this article at any time after the juvenile offender has been confined in a division for youth secure facility for one year or one-half of his minimum sentence, whichever is greater. (b) The director of the division for youth may authorize the transfer of a juvenile offender in his custody, who has been convicted of burglary or robbery, and who is within ninety days of release as estab- lished by the board of parole, to any facility established and operated pursuant to this article. (c) A juvenile offender may be transferred as provided in paragraphs (a) and (b) herein, only after the director determines that there is no danger to public safety and that the offender shall substantially bene- fit from the programs and services of another division facility. In determining whether there is a danger to public safety the director shall consider: (i) the nature and circumstances of the offense includ- ing whether any physical injury involved was inflicted by the offender or another participant; (ii) the record and background of the offender; and (iii) the adjustment of the offender at division facilities. (d) For a period of six months after a juvenile offender has been transferred pursuant to paragraph (a) or (b) herein, the juvenile offen- der may have only accompanied home visits. After completing six months of confinement following transfer from a secure facility, a juvenile offender may not have an unaccompanied home visit unless two accompanied home visits have already occurred. An "accompanied home visit" shall mean a home visit during which the juvenile offender shall be accompa- 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 S. 2006--A 142 A. 3006--A for youth and the juvenile offender and that there is no danger to public safety. The rules and regulations shall further provide for the establishment of a division central office transfer committee to review transfer cases referred by the secure facility directors. The committee shall recommend approval of a transfer request to the director of the division only upon a clear showing by the secure facility director that the transfer is in the best interests of the division for youth and the juvenile offender and that there is no danger to public safety. In the case of the denial of the transfer request by the transfer committee, the juvenile offender shall remain at a secure facility. Notwithstanding the recommendation for approval of transfer by the transfer committee, the director of the division may deny the request for transfer if there is a danger to public safety or if the transfer is not in the best interests of the division for youth or the juvenile offender. The rules and regulations shall further provide a procedure for the immediate return to a secure facility, without a hearing, of a juvenile offender transferred to another facility upon a determination by that facility director that there is a danger to public safety.] 3. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall report in writing to the sentencing court and district attorney, not less than once every six months during the period of confinement, on the status, adjustment, programs and progress of the offender. 4. [The office of children and family services may apply to the sentencing court for permission to transfer a youth not less than sixteen nor more than eighteen years of age to the department of corrections and community supervision. Such application shall be made upon notice to the youth, who shall be entitled to be heard upon the application and to be represented by counsel. The court shall grant the application if it is satisfied that there is no substantial likelihood that the youth will benefit from the programs offered by the office facilities. 5.] The office of children and family services may transfer an offen- der not less than eighteen [nor more than twenty-one] years of age to the department of corrections and community supervision if the commis- sioner of the office certifies to the commissioner of corrections and community supervision that there is no substantial likelihood that the youth will benefit from the programs offered by office facilities. [6. At age twenty-one, all] 5. (A) ALL juvenile offenders COMMITTED TO THE OFFICE FOR COMMITTING A CRIME PRIOR TO THE YOUTH'S SIXTEENTH BIRTH- DAY WHO STILL HAVE TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT shall be transferred AT AGE TWENTY-ONE to the custody of the department of corrections and community supervision for confinement pursuant to the correction law. [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 S. 2006--A 143 A. 3006--A 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 1, 2017, ALL JUVENILE OFFENDERS WHO ARE ELIGI- BLE TO BE RELEASED FROM AN OFFICE OF CHILDREN AND FAMILY SERVICES FACIL- ITY 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 1, 2017, ALL JUVENILE OFFENDERS RELEASED FROM AN OFFICE OF CHILDREN AND FAMILY SERVICES FACILITY BEFORE THEY ARE TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION WHO ARE UNABLE TO COMPLETE THE FULL-TERM OF THEIR POST-RELEASE SUPER- VISION 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 SUPERVISION. 6. While in the custody of the office of children and family services, an offender shall be subject to the rules and regulations of the office, except that his OR HER parole, POST-RELEASE SUPERVISION, temporary release and discharge shall be governed by the laws applicable to inmates of state correctional facilities and his OR HER transfer to state hospitals in the office of mental health shall be governed by section five hundred nine of this chapter. The commissioner of the office of children and family services shall, however, establish and operate temporary release programs at office of children and family services facilities AND PROVIDE POST-RELEASE SUPERVISION for eligible juvenile offenders and [contract with the department of corrections and community supervision for the provision of parole] PROVIDE supervision [services] for temporary releasees AND JUVENILES ON POST-RELEASE SUPER- VISION. The rules and regulations for these programs shall not be inconsistent with the laws for temporary release AND POST-RELEASE SUPER- VISION 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- S. 2006--A 144 A. 3006--A 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 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 S. 2006--A 145 A. 3006--A social services district in which the juvenile offender resided at the time of commitment, in accordance with this section and the regulations of the [division,] OFFICE as follows: fifty percent of the amount expended for care, maintenance and supervision of local charges includ- ing juvenile offenders. [4. Expenditures made by the division for youth] 3. THE COSTS for foster care PROVIDED BY VOLUNTARY AUTHORIZED AGENCIES TO JUVENILE DELIN- QUENTS PLACED IN THE CARE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES shall be [subject to reimbursement to the state by] THE RESPONSIBILITY OF the social services district from which the youth was placed, AND SHALL BE SUBJECT TO REIMBURSEMENT FROM THE STATE in accordance with [the regulations of the division, as follows: fifty percent of the amount expended for care, maintenance and supervision of local charges] SECTION ONE HUNDRED FIFTY-THREE-K OF THE SOCIAL SERVICES LAW. [5] 4. (a) [Expenditures] EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, EXPENDITURES made by the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES for aftercare supervision shall be subject to reimbursement to the state by the social services district from which the youth was placed, in accordance with regulations of the [division] OFFICE, as follows: fifty percent of the amount expended for aftercare supervision of local charges. (b) Expenditures made by social services districts for aftercare supervision of adjudicated juvenile delinquents [and persons in need of supervision provided (prior to the expiration of the initial or extended period of placement or commitment) by the aftercare staff of the facili- ty from which the youth has been released or discharged, other than those under the jurisdiction of the division for youth, in which said youth was placed or committed, pursuant to directions of the family court,] shall be subject to reimbursement by the state[, upon approval by the division and in accordance with its regulations, as follows: (1) the full amount expended by the district for aftercare supervision of state charges; (2) fifty percent of the amount expended by the district for aftercare supervision of local charges] IN ACCORDANCE WITH SECTION ONE HUNDRED FIFTY-THREE-K OF THE SOCIAL SERVICES LAW. (c) Expenditures made by the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES for contracted programs and contracted services pursuant to subdivision seven of section five hundred one of this arti- cle, except with respect to urban homes and group homes, shall be subject to reimbursement to the state by the social services district from which the youth was placed, in accordance with this section and the regulations of the [division] OFFICE as follows: fifty percent of the amount expended for the operation and maintenance of such programs and services. 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. S. 2006--A 146 A. 3006--A 5-a. The social services district responsible for reimbursement to the state shall remain the same if during a period of placement or extension thereof, a child commits a criminal act while in [a division] AN OFFICE OF CHILDREN AND FAMILY SERVICES facility, during an authorized absence therefrom or after absconding therefrom and is returned to the [divi- sion] OFFICE following adjudication or conviction for the act by a court with jurisdiction outside the boundaries of the social services district which was responsible for reimbursement to the state prior to such adju- dication or conviction. S 98. Subdivision 1, the opening paragraph of subdivision 2 and subparagraphs (i) and (iii) of paragraph (a) of subdivision 3 of section 529-b of the executive law, as added by section 3 of subpart B of part Q of chapter 58 of the laws of 2011, are amended to read as follows: 1. (a) Notwithstanding any provision of law to the contrary, eligible expenditures by an eligible municipality for services to divert youth at risk of, alleged to be, or adjudicated as juvenile delinquents [or persons alleged or adjudicated to be in need of supervision], or youth alleged to be or convicted as juvenile offenders from placement in detention or in residential care OR TO DIVERT PERSONS ALLEGED OR ADJUDI- CATED TO BE IN NEED OF SUPERVISION FROM BEING PLACED AWAY FROM THEIR HOMES, shall be subject to state reimbursement under the supervision and treatment services for juveniles program for up to sixty-two percent of the municipality's expenditures, subject to available appropriations and exclusive of any federal funds made available for such purposes, not to exceed the municipality's distribution under the supervision and treat- ment services for juveniles program. (b) The state funds appropriated for the supervision and treatment services for juveniles program shall be distributed to eligible munici- palities by the office of children and family services based on a plan developed by the office which may consider historical information regarding the number of youth seen at probation intake for an alleged act of delinquency, THE NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION RECEIVING DIVERSION SERVICES UNDER SECTION SEVEN HUNDRED THIRTY-FIVE OF THE FAMILY COURT ACT, the number of youth remanded to detention, the number of juvenile delinquents placed with the office, the number of juvenile delinquents [and persons in need of supervision] placed in residential care with the municipality, the municipality's reduction in the use of detention and residential placements, and other factors as determined by the office. Such plan developed by the office shall be subject to the approval of the director of the budget. The office is authorized, in its discretion, to make advance distributions to a muni- cipality in anticipation of state reimbursement. As used in this section, the term "municipality" shall mean a county, or a city having a population of one million or more, and "supervision and treatment services for juveniles" shall mean community-based 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: S. 2006--A 147 A. 3006--A (i) an analysis that identifies the neighborhoods or communities from which the greatest number of juvenile delinquents [and persons in need of supervision] are remanded to detention or residentially placed AND FROM WHICH THE GREATEST NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION ARE OFFERED DIVERSION SERVICES; (iii) a description of how the services and programs proposed for funding will reduce the number of youth from the municipality who are detained and residentially OR OTHERWISE placed; how such services and programs are family-focused; and whether such services and programs are capable of being replicated across multiple sites; S 99. Subdivisions 2, 4, 5, 6 and 7 of section 530 of the executive law, subdivisions 2 and 4 as amended by section 4 of subpart B of part Q of chapter 58 of the laws of 2011, paragraphs (a) and (d) of subdivision 2 as amended by section 1 of part M of chapter 57 of the laws of 2012, subdivision 5 as amended by chapter 920 of the laws of 1982, subpara- graphs 1, 2 and 4 of paragraph (a) and paragraph (b) of subdivision 5 as amended by section 5 of subpart B of part Q of chapter 58 of the laws of 2011, subdivision 6 as amended by chapter 880 of the laws of 1976, and subdivision 7 as amended by section 6 of subpart B of part Q of chapter 58 of the laws of 2011, are amended and a new subdivision 8 is added to read as follows: 2. [Expenditures] EXCEPT AS PROVIDED FOR IN SUBDIVISION EIGHT OF THIS SECTION, EXPENDITURES made by municipalities in providing care, mainte- nance and supervision to youth in detention facilities designated pursu- ant to sections seven hundred twenty and 305.2 of the family court act and certified by [the division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, shall be subject to reimbursement by the state, as follows: (a) Notwithstanding any provision of law to the contrary, eligible expenditures by a municipality during a particular program year for the care, maintenance and supervision [in foster care programs certified by the office of children and family services, certified or approved family boarding homes, and non-secure detention facilities certified by the office for those youth alleged to be persons in need of supervision or adjudicated persons in need of supervision held pending transfer to a facility upon placement; and] in secure and non-secure detention facili- ties certified by the office in accordance with section five hundred three of this article for those youth alleged to be juvenile delin- quents; adjudicated juvenile delinquents held pending transfer to a facility upon placement, and juvenile delinquents held at the request of the office of children and family services pending extension of place- ment hearings or release revocation hearings or while awaiting disposi- tion of such hearings; and youth alleged to be or convicted as juvenile offenders AND, PRIOR TO JANUARY FIRST, TWO THOUSAND EIGHTEEN, YOUTH ALLEGED TO BE PERSONS IN NEED OF SUPERVISION OR ADJUDICATED PERSONS IN NEED OF SUPERVISION HELD PENDING TRANSFER TO A FACILITY UPON PLACEMENT IN FOSTER CARE PROGRAMS CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY 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 S. 2006--A 148 A. 3006--A be shared among law enforcement, probation, courts, detention adminis- trators, detention providers, and the attorney for the child upon retention or appointment; solely for the purpose of accurate completion of such risk assessment instrument, and a copy of the completed detention risk assessment instrument shall be made available to the applicable detention provider, the attorney for the child and the court. (b) The state funds appropriated for juvenile detention services shall be distributed to eligible municipalities by the office of children and family services based on a plan developed by the office which may consider historical information regarding the number of youth remanded to detention, the municipality's reduction in the use of detention, the municipality's youth population, and other factors as determined by the office. Such plan developed by the office shall be subject to the approval of the director of the budget. The office is authorized, in its discretion, to make advance distributions to a municipality in antic- ipation of state reimbursement. (c) A municipality may also use the funds distributed to it for juve- nile detention services under this section for a particular program year for sixty-two percent of a municipality's eligible expenditures for supervision and treatment services for juveniles programs approved under section five hundred twenty-nine-b of this title for services that were not reimbursed from a municipality's distribution under such program provided to at-risk, alleged or adjudicated juvenile delinquents or persons alleged or adjudicated to be in need of supervision, or alleged to be or convicted as juvenile offenders in community-based non-residen- tial settings. Any claims submitted by a municipality for reimbursement for detention services or supervision and treatment services for juve- niles provided during a particular program year for which the munici- pality does not receive state reimbursement from the municipality's distribution of detention services funds for that program year may not be claimed against the municipality's distribution of funds available under this section for the next applicable program year. The office may require that such claims be submitted to the office electronically at such times and in the manner and format required by the office. [(d)(i)] (2-A)(A) Notwithstanding any provision of law or regulation to the contrary, any information or data necessary for the development, validation or revalidation of the detention risk assessment instrument shall be shared among local probation departments, the office of probation and correctional alternatives and, where authorized by the division of criminal justice services, the entity under contract with the division to provide information technology services related to youth assessment and screening, the office of children and family services, and any entity under contract with the office of children and family services to provide services relating to the development, validation or revalidation of the detention risk assessment instrument. Any such information and data shall not be commingled with any criminal history 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 S. 2006--A 149 A. 3006--A 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 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, S. 2006--A 150 A. 3006--A 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 EIGHTEEN, TEMPORARY CARE, MAINTENANCE, AND SUPERVISION PROVIDED TO ALLEGED JUVENILE DELIN- QUENTS IN DETENTION FACILITIES CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, PENDING ADJUDICATION OF ALLEGED DELINQUENCY BY THE FAMILY COURT, OR PENDING TRANSFER TO INSTITUTIONS TO WHICH COMMITTED OR PLACED BY SUCH COURT OR WHILE AWAITING DISPOSITION BY SUCH COURT AFTER ADJUDICATION OR HELD PURSUANT TO A SECURING ORDER OF A CRIMINAL COURT IF THE PERSON NAMED THEREIN AS PRINCIPAL IS UNDER TWENTY-ONE; OR (2) temporary care, maintenance and supervision provided juvenile delinquents in approved detention facilities at the request of the office of children and family services pending release revocation hear- ings or while awaiting disposition after such hearings; or (3) temporary care, maintenance and supervision in approved detention facilities for youth held pursuant to the family court act or the inter- state compact on juveniles, pending return to their place of residence or domicile[.]; OR (4) PRIOR TO JANUARY FIRST, TWO THOUSAND EIGHTEEN, temporary care, maintenance and supervision provided youth detained in foster care facilities or certified or approved family boarding homes pursuant to article seven of the family court act. (b) Payments made for reserved accommodations, whether or not in full time use, approved AND CERTIFIED by the office of children and family services [and certified pursuant to sections seven hundred twenty and 305.2 of the family court act], in order to assure that adequate accom- modations will be available for the immediate reception and proper care therein of youth for which detention costs are reimbursable pursuant to paragraph (a) of this subdivision, shall be reimbursed as expenditures for care, maintenance and supervision under the provisions of this section, provided the office shall have given its prior approval for reserving such accommodations. 6. The [director of the division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES may adopt, amend, or rescind all rules and regulations, subject to the approval of the director of the budget and certification to the chairmen of the senate finance and assembly ways and means committees, necessary to carry out the provisions of this section. 7. The agency administering detention for each county and the city of New York shall submit to the office of children and family services, at such times and in such form and manner and containing such information as required by the office of children and family services, an annual report on youth remanded pursuant to article three or seven of the fami- ly court act who are detained during each calendar year including, commencing January first, two thousand twelve, the risk level of each detained youth as assessed by a detention risk assessment instrument approved by the office of children and family services PROVIDED, HOWEV- ER, THAT THE REPORT DUE JANUARY FIRST, TWO THOUSAND NINETEEN AND THERE- AFTER SHALL NOT BE REQUIRED TO CONTAIN ANY INFORMATION ON YOUTH WHO ARE SUBJECT TO ARTICLE SEVEN OF THE FAMILY COURT ACT. The office may require that such data on detention use be submitted to the office elec- tronically. Such report shall include, but not be limited to, the reason for the court's determination in accordance with section 320.5 or seven S. 2006--A 151 A. 3006--A hundred thirty-nine of the family court act, IF APPLICABLE, to detain the youth; the offense or offenses with which the youth is charged; and all other reasons why the youth remains detained. The office shall submit a compilation of all the separate reports to the governor and the legislature. 8. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, COMMENCING JANUARY FIRST, TWO THOUSAND SEVENTEEN, STATE REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF A MUNICIPALITY'S ELIGIBLE EXPENDITURES FOR THE CARE, MAINTENANCE AND SUPERVISION OF YOUTH SIXTEEN YEARS OF AGE OR OLDER IN NON-SECURE AND SECURE DETENTION FACILI- TIES WHEN SUCH DETENTION WOULD NOT OTHERWISE HAVE OCCURRED ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE. S 100. Section 4 of part K of chapter 57 of the laws of 2012, amending the education law, relating to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services, is amended to read as follows: S 4. This act shall take effect July 1, 2012 [and shall expire June 30, 2015 when upon such date the provisions of this act shall be deemed repealed]. S 100-a. 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 1 through 31, 49, 52, 54 through 57, 60-a through 66, 68 through 82, 83, 90, 91-a, 92, 95 and 99 shall take effect on January 1, 2017; provided, however, that when the applicability of such provisions is dependent on the age of a youth that is alleged or adjudicated to have committed or is convicted of or pleads to a crime or an act that would constitute a crime if committed by an adult: (a) effective January 1, 2017, such provisions shall be deemed to apply to youth (i) 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 at least 12 years of age but under the age of 17 at the time such offense occurred, except that (ii) such provisions shall be deemed to apply to persons at least 10 years of age but under the age of 17 if such person is alleged to have committed, adjudicated for, or convicted of an act that would constitute 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 where such act occurred on or after the effective date, and (b) 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 17 years of age at the time such offense occurred; 2. sections 32 through 47, 51, 53, 89, 93 and 98 shall take effect January 1, 2018, provided, however, that: S. 2006--A 152 A. 3006--A (a) when the applicability of such provisions is dependent on the age of a person, such provisions shall be deemed to apply to youth (i) who have been alleged to have committed, been adjudicated for or convicted of an offense that occurred on or after such effective date and who were at least 12 years of age but under the age of 18 at the time such offense occurred; provided, however that (ii) such provisions shall be deemed to apply to youth at least 10 years of age but under the age of 18 if such youth is alleged to have committed, adjudicated for, or convicted of an act that would constitute 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 where such act occurred on or after the effective date; and (b) sections 32 through 47 shall be deemed to be applicable to petitions filed, or attempted to be filed pursuant to Article seven of the Family Court Act on or after such date; 3. sections 58 and 60 shall take effect on December 1, 2015; 4. sections 59 and 84 through 86 shall take effect January 1, 2019; 5. sections 63-a through 63-p; sections 64-a and 64-b; and sections 68 and 68-a shall take effect on January 1, 2017. 6. sections 67 and 91-b shall take effect 180 days after enactment; and 7. section 91 shall take effect April 1, 2016; 8. the amendments to subdivision 4 of section 353.5 of the family court act made by section twenty-four of this act shall not affect the expiration and reversion of such subdivision and shall expire and be deemed repealed therewith, when upon such date the provisions of section twenty-five of this act shall take effect; 9. the amendments to section 153-k of the social services law made by section forty-eight of this act shall not affect the expiration of such section and shall expire and be deemed repealed therewith; 10. the amendments to section 404 of the social services law made by section fifty-two of this act shall not affect the expiration of such section and shall expire and be deemed repealed therewith; 11. 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; 12. 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; 13. the amendments to subparagraph 8 of paragraph h of subdivision 4 of section 1950 of the education law made by section eighty-seven of this act shall not affect the repeal of such subparagraph and shall be deemed repealed therewith; 14. 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 15. the amendments to the second undesignated paragraph of subdivision 4 of section 246 of the executive law made by section ninety-one of this act shall not affect the expiration of such paragraph and shall expire and be deemed repealed therewith. PART K S. 2006--A 153 A. 3006--A Section 1. The section heading of section 456 of the social services law, as added by chapter 865 of the laws of 1977, is amended to read as follows: State reimbursement AND PAYMENTS. S 2. Paragraphs (c) and (d) of subdivision 1 of section 456 of the social services law, as amended by chapter 601 of the laws of 1994, are amended to read as follows: [(c) one hundred per centum of such payments after first deducting therefrom any federal funds properly to be received on account of such payments, for children placed out for adoption by a voluntary authorized agency or for children being adopted after being placed out for adoption by a voluntary authorized agency in accordance with the provisions of this title,] or [(d)] (C) one hundred per centum of such payments after first deducting therefrom any federal funds properly to be received on account of such payments, for children placed out for adoption or being adopted after being placed out for adoption by an Indian tribe as refer- enced in subdivision seven of section four hundred fifty-one of this title. S 3. Section 456 of the social services law is amended by adding a new subdivision 3 to read as follows: 3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR A CHILD WHO HAS BEEN PLACED FOR ADOPTION BY A VOLUNTARY AUTHORIZED AGENCY WITH GUARDIANSHIP AND CUSTODY OR CARE AND CUSTODY OF SUCH CHILD, AS REFERENCED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTY-ONE OF THIS TITLE, PAYMENTS AVAILABLE UNDER SECTION FOUR HUNDRED FIFTY-THREE, FOUR HUNDRED FIFTY-THREE-A OR FOUR HUNDRED FIFTY-FOUR OF THIS TITLE SHALL BE MADE BY THE STATE PURSUANT TO A WRITTEN AGREEMENT BETWEEN AN OFFICIAL OF THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE PERSONS WHO APPLIED FOR SUCH PAYMENTS PRIOR TO ADOPTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT ENTER INTO WRITTEN AGREEMENTS FOR, OR ISSUE, ANY SUCH PAYMENTS IN INSTANCES WHERE THE PERSON OR PERSONS APPLYING FOR SUCH PAYMENTS RESIDE OUTSIDE OF THE STATE OF NEW YORK AT THE TIME THE APPLICATION FOR SUCH PAYMENTS IS MADE. S 4. This act shall take effect July 1, 2015 and shall only apply to applications for payments under sections 453, 453-a or 454 of the social services law that are made on or after such effective date; provided, however, that effective immediately the commissioner of the office of children and family services is authorized and directed to promulgate such rules and regulations as he or she deems necessary to implement the provisions of this act on or before its effective date. PART L Section 1. Section 458-a of the social services law is amended by adding three new subdivisions 6, 7 and 8 to read as follows: 6. "SUCCESSOR GUARDIAN" SHALL MEAN A PERSON OR PERSONS NAMED IN THE AGREEMENT IN EFFECT BETWEEN THE RELATIVE GUARDIAN AND SOCIAL SERVICES OFFICIAL FOR KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS PURSUANT TO THIS TITLE TO PROVIDE CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT OF DEATH OR INCAPACITY OF THE RELATIVE GUARDIAN, AS SET FORTH IN SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS TITLE, WHO HAS ASSUMED CARE FOR AND IS THE GUARDIAN OR PERMANENT GUARDIAN OF SUCH CHILD, PROVIDED THAT SUCH PERSON WAS APPOINTED GUARDIAN OR PERMANENT GUARDIAN OF SUCH CHILD FOLLOWING, OR DUE TO, THE DEATH OR INCAPACITY OF THE RELATIVE GUARDIAN. S. 2006--A 154 A. 3006--A 7. "PROSPECTIVE SUCCESSOR GUARDIAN" SHALL MEAN A PERSON OR PERSONS WHOM A PROSPECTIVE RELATIVE GUARDIAN OR A RELATIVE GUARDIAN SEEKS TO NAME IN THE ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT, OR ANY AMENDMENT THERETO, AS SET FORTH IN SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS TITLE, AS THE PERSON OR PERSONS TO PROVIDE CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT OF THE DEATH OR INCAPACITY OF A RELATIVE GUARD- IAN. 8. "INCAPACITY" SHALL MEAN A SUBSTANTIAL INABILITY TO CARE FOR A CHILD AS A RESULT OF: (A) A PHYSICALLY DEBILITATING ILLNESS, DISEASE OR INJU- RY; OR (B) A MENTAL IMPAIRMENT THAT RESULTS IN A SUBSTANTIAL INABILITY TO UNDERSTAND THE NATURE AND CONSEQUENCES OF DECISIONS CONCERNING THE CARE OF A CHILD. S 2. Subdivision 4 of section 458-b of the social services law is amended by adding two new paragraphs (e) and (f) to read as follows: (E) THE ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT EXECUTED IN ACCORDANCE WITH THIS SECTION AND ANY AMENDMENTS THERETO MAY NAME AN APPROPRIATE PERSON TO ACT AS A SUCCESSOR GUARDIAN FOR THE PURPOSE OF PROVIDING CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT OF DEATH OR INCAPACITY OF THE RELATIVE GUARDIAN. (F) A FULLY EXECUTED AGREEMENT BETWEEN A RELATIVE GUARDIAN AND A SOCIAL SERVICES OFFICIAL MAY BE AMENDED TO ADD OR MODIFY TERMS AND CONDITIONS MUTUALLY AGREEABLE TO THE RELATIVE GUARDIAN AND THE SOCIAL SERVICES OFFICIAL, INCLUDING THE NAMING OF AN APPROPRIATE PERSON TO PROVIDE CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT OF DEATH OR INCA- PACITY OF THE RELATIVE GUARDIAN. S 3. Subdivision 5 of section 458-b of the social services law, as added by section 4 of part F of chapter 58 of the laws of 2010, is amended to read as follows: 5. (A) Once the prospective relative guardian with whom a social services official has entered into an agreement under subdivision four of this section has been issued letters of guardianship for the child and the child has been finally discharged from foster care to such rela- tive, a social services official shall make monthly kinship guardianship assistance payments for the care and maintenance of the child. (B) A SOCIAL SERVICES DISTRICT SHALL MAKE MONTHLY KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR THE CARE AND MAINTENANCE OF A CHILD TO A SUCCES- SOR GUARDIAN IN THE EVENT OF DEATH OR INCAPACITY OF A RELATIVE GUARDIAN, PROVIDED HOWEVER THAT SUCH PAYMENTS SHALL NOT BE AUTHORIZED UNTIL THE SUCCESSOR GUARDIAN IS GRANTED GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF A CHILD AND ASSUMES CARE OF SUCH CHILD; PROVIDED, FURTHER, HOWEVER, THAT IF THE SUCCESSOR GUARDIAN ASSUMES CARE OF THE CHILD PRIOR TO BEING GRANTED GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF THE CHILD, PAYMENTS UNDER THIS TITLE SHALL BE MADE RETROACTIVELY FROM: (I) IN THE EVENT OF DEATH OF THE RELATIVE GUARDIAN, THE DATE THE SUCCESSOR GUARDIAN ASSUMED CARE OF THE CHILD OR THE DATE OF DEATH OF THE RELATIVE GUARDIAN, WHICH- EVER IS LATER; OR (II) IN THE EVENT OF INCAPACITY OF THE RELATIVE GUARD- IAN, THE DATE THE SUCCESSOR GUARDIAN ASSUMED CARE OF THE CHILD OR THE DATE OF INCAPACITY OF THE RELATIVE GUARDIAN, WHICHEVER IS LATER. (C) IN THE EVENT THAT A SUCCESSOR GUARDIAN ASSUMED CARE AND WAS AWARDED GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF A CHILD DUE TO THE INCAPACITY OF A RELATIVE GUARDIAN AND THE RELATIVE GUARDIAN IS SUBSE- QUENTLY AWARDED OR RESUMES GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF SUCH CHILD AND ASSUMES CARE OF SUCH CHILD AFTER THE INCAPACITY ENDS, A SOCIAL SERVICES OFFICIAL SHALL MAKE MONTHLY KINSHIP GUARDIANSHIP ASSIST- ANCE PAYMENTS FOR THE CARE AND MAINTENANCE OF THE CHILD TO THE RELATIVE S. 2006--A 155 A. 3006--A GUARDIAN, IN ACCORDANCE WITH THE TERMS OF THE FULLY EXECUTED WRITTEN AGREEMENT. S 4. Paragraph (b) of subdivision 7 of section 458-b of the social services law, as added by section 4 of part F of chapter 58 of the laws of 2010, is amended to read as follows: (b) (I) Notwithstanding paragraph (a) of this subdivision, AND EXCEPT AS PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION, no kinship guardianship assistance payments may be made pursuant to this title if the social services official determines that the relative guar- dian is no longer legally responsible for the support of the child, including if the status of the legal guardian is terminated or the child is no longer receiving any support from such guardian. In accordance with the regulations of the office, a relative guardian who has been receiving kinship guardianship assistance payments on behalf of a child under this title must keep the social services official informed, on an annual basis, of any circumstances that would make the relative guardian ineligible for such payments or eligible for payments in a different amount. (II) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, AND EXCEPT AS PROVIDED FOR IN PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS SECTION, NO KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS MAY BE MADE PURSUANT TO THIS TITLE TO A SUCCESSOR GUARDIAN IF THE SOCIAL SERVICES OFFICIAL DETERMINES THAT THE SUCCESSOR GUARDIAN IS NO LONGER LEGALLY RESPONSIBLE FOR THE SUPPORT OF THE CHILD, INCLUDING IF THE STATUS OF THE SUCCESSOR GUARDIAN IS TERMINATED OR THE CHILD IS NO LONGER RECEIVING ANY SUPPORT FROM SUCH GUARDIAN. A SUCCESSOR GUARDIAN WHO HAS BEEN RECEIVING KINSHIP GUARDIAN- SHIP ASSISTANCE PAYMENTS ON BEHALF OF A CHILD UNDER THIS TITLE MUST KEEP THE SOCIAL SERVICES OFFICIAL INFORMED, ON AN ANNUAL BASIS, OF ANY CIRCUMSTANCES THAT WOULD MAKE THE SUCCESSOR GUARDIAN INELIGIBLE FOR SUCH PAYMENTS OR ELIGIBLE FOR PAYMENTS IN A DIFFERENT AMOUNT. S 5. Subdivision 8 of section 458-b of the social services law, as added by section 4 of part F of chapter 58 of the laws of 2010, is amended to read as follows: 8. The placement of the child with the relative guardian OR SUCCESSOR GUARDIAN and any kinship guardianship assistance payments made on behalf of the child under this section shall be considered never to have been made when determining the eligibility for adoption subsidy payments under title nine of this article of a child in such legal guardianship arrangement. S 6. Subdivision 2 of section 458-d of the social services law, as added by section 4 of part F of chapter 58 of the laws of 2010, is amended to read as follows: 2. In addition, a social services official shall make payments for the cost of care, services and supplies payable under the state's program of medical assistance for needy persons provided to any child for whom kinship guardianship assistance payments are being made under this title who is not eligible for medical assistance under subdivision one of this section and for whom the relative OR SUCCESSOR guardian is unable to obtain appropriate and affordable medical coverage through any other available means, regardless of whether the child otherwise qualifies for medical assistance for needy persons. Payments pursuant to this subdivi- sion shall be made only with respect to the cost of care, services, and supplies which are not otherwise covered or subject to payment or reimbursement by insurance, medical assistance or other sources. Payments made pursuant to this subdivision shall only be made if the relative OR SUCCESSOR guardian applies to obtain such medical coverage S. 2006--A 156 A. 3006--A for the child from all available sources, unless the social services official determines that the relative guardian has good cause for not applying for such coverage; which shall include that appropriate cover- age is not available or affordable. S 7. Subdivisions 1 and 2 of section 458-f of the social services law, as added by section 4 of part F of chapter 58 of the laws of 2010, are amended to read as follows: 1. Any person aggrieved by the decision of a social services official not to make a payment or payments pursuant to this title or to make such payment or payments in an inadequate or inappropriate amount or the failure of a social services official to determine an application under this title within thirty days after filing, OR THE FAILURE OF A SOCIAL SERVICES DISTRICT TO APPROVE A PROSPECTIVE SUCCESSOR GUARDIAN, may appeal to the office of children and family services, which shall review the case and give such person an opportunity for a fair hearing thereon and render its decision within thirty days. All decisions of the office of children and family services shall be binding upon the social services district involved and shall be complied with by the social services official thereof. 2. The only issues which may be raised in a fair hearing under this section are: (a) whether the social services official has improperly denied an application for payments under this title; (b) whether the social services official has improperly discontinued payments under this title; (c) whether the social services official has determined the amount of the payments made or to be made in violation of the provisions of this title or the regulations of the office of children and family services promulgated hereunder; [or] (d) whether the social services official has failed to determine an application under this title within thirty days; OR (E) WHETHER THE SOCIAL SERVICES OFFICIAL HAS IMPROPERLY DENIED AN APPLICATION TO NAME A PROSPECTIVE SUCCESSOR GUARDIAN IN THE ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT FOR PAYMENTS PURSUANT TO THIS TITLE OR ANY AMENDMENTS THERETO. S 8. Paragraph (c) of subdivision 7 of section 353.3 of the family court act, as amended by section 6 of part G of chapter 58 of the laws of 2010, is amended to read as follows: (c) Where the respondent is placed pursuant to subdivision two or three of this section, such report shall contain a plan for the release, or conditional release (pursuant to section five hundred ten-a of the executive law), of the respondent to the custody of his or her parent or other person legally responsible, [to independent living] or to another permanency alternative as provided in paragraph (d) of subdivision seven of section 355.5 of this part. If the respondent is subject to article sixty-five of the education law or elects to participate in an educa- tional program leading to a high school diploma, such plan shall include, but not be limited to, the steps that the agency with which the respondent is placed has taken and will be taking to facilitate the enrollment of the respondent in a school or educational program leading to a high school diploma following release, or, if such release occurs during the summer recess, upon the commencement of the next school term. If the respondent is not subject to article sixty-five of the education law and does not elect to participate in an educational program leading to a high school diploma, such plan shall include, but not be limited to, the steps that the agency with which the respondent is placed has taken and will be taking to assist the respondent to become gainfully employed or enrolled in a vocational program following release. S. 2006--A 157 A. 3006--A S 9. Paragraph (b) of subdivision 7 of section 355.5 of the family court act, as added by chapter 7 of the laws of 1999, is amended to read as follows: (b) in the case of a respondent who has attained the age of [sixteen] FOURTEEN, the services needed, if any, to assist the respondent to make the transition from foster care to independent living; S 10. Paragraph (d) of subdivision 7 of section 355.5 of the family court act, as amended by chapter 181 of the laws of 2000, is amended to read as follows: (d) with regard to the completion of placement ordered by the court pursuant to section 353.3 or 355.3 of this [article] PART: whether and when the respondent: (i) will be returned to the parent; (ii) should be placed for adoption with the local commissioner of social services filing a petition for termination of parental rights; (iii) should be referred for legal guardianship; (iv) should be placed permanently with a fit and willing relative; or (v) should be placed in another planned permanent living arrangement WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT if THE RESPONDENT IS AGE SIXTEEN OR OLDER AND (A) the office of children and family services or the local commissioner of social services has documented to the court [a]: (1) THE INTENSIVE, ONGOING, AND, AS OF THE DATE OF THE HEARING, UNSUCCESSFUL EFFORTS MADE TO RETURN THE RESPONDENT HOME OR SECURE A PLACEMENT FOR THE RESPONDENT WITH A FIT AND WILLING RELATIVE INCLUDING ADULT SIBLINGS, A LEGAL GUARDIAN, OR AN ADOPTIVE PARENT, INCLUDING THROUGH EFFORTS THAT UTILIZE SEARCH TECHNOLOGY INCLUDING SOCIAL MEDIA TO FIND BIOLOGICAL FAMILY MEMBERS FOR CHILDREN, (2) THE STEPS BEING TAKEN TO ENSURE THAT (I) THE RESPONDENT'S FOSTER FAMILY HOME OR CHILD CARE FACILITY IS FOLLOWING THE REASONABLE AND PRUDENT PARENT STANDARD IN ACCORDANCE WITH GUIDANCE PROVIDED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND (II) THE RESPONDENT HAS REGULAR, ONGOING OPPORTUNITIES TO ENGAGE IN AGE OR DEVELOPMENTALLY APPROPRIATE ACTIVITIES INCLUDING BY CONSULTING WITH THE RESPONDENT IN AN AGE-APPROPRIATE MANNER ABOUT THE OPPORTUNITIES OF THE RESPONDENT TO PARTICIPATE IN ACTIVITIES; AND (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES OR THE LOCAL COMMISSIONER OF SOCIAL SERVICES HAS DOCUMENTED TO THE COURT AND THE COURT HAS DETERMINED THAT THERE ARE compelling [reason] REASONS for determining that it [would] CONTINUES TO not be in the best interest of the respondent to return home, be referred for termination of parental rights and placed for adoption, placed with a fit and willing relative, or placed with a legal guardian; and (C) THE COURT HAS MADE A DETERMINATION EXPLAINING WHY, AS OF THE DATE OF THIS HEARING, ANOTHER PLANNED LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT IS THE BEST PERMANENCY PLAN FOR THE RESPONDENT; AND S 11. Subdivision 8 of section 355.5 of the family court act, as added by section 2 of part B of chapter 327 of the laws of 2007, is amended to read as follows: 8. At the permanency hearing, the court shall consult with the respondent in an age-appropriate manner regarding the permanency plan for the respondent; PROVIDED, HOWEVER, THAT IF THE RESPONDENT IS AGE SIXTEEN OR OLDER AND THE REQUESTED PERMANENCY PLAN FOR THE RESPONDENT IS PLACEMENT IN ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT WITH A SIGNIF- ICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT, THE COURT MUST ASK THE RESPONDENT ABOUT THE DESIRED PERMAN- ENCY OUTCOME FOR THE RESPONDENT. S. 2006--A 158 A. 3006--A S 12. Subparagraph (ii) of paragraph (a) of subdivision 2 of section 754 of the family court act, as amended by chapter 7 of the laws of 1999, is amended to read as follows: (ii) in the case of a child who has attained the age of [sixteen] FOURTEEN, the services needed, if any, to assist the child to make the transition from foster care to independent living. Nothing in this subdivision shall be construed to modify the standards for directing detention set forth in section seven hundred thirty-nine of this arti- cle. S 13. The closing paragraph of paragraph (b) of subdivision 2 of section 754 of the family court act, as added by chapter 7 of the laws of 1999, is amended to read as follows: If the court determines that reasonable efforts are not required because of one of the grounds set forth above, a permanency hearing shall be held within thirty days of the finding of the court that such efforts are not required. At the permanency hearing, the court shall determine the appropriateness of the permanency plan prepared by the social services official which shall include whether and when the child: (A) will be returned to the parent; (B) should be placed for adoption with the social services official filing a petition for termination of parental rights; (C) should be referred for legal guardianship; (D) should be placed permanently with a fit and willing relative; or (E) should be placed in another planned permanent living arrangement WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD IF THE CHILD IS AGE SIXTEEN OR OLDER AND if the [social services official has documented to the court a compelling reason for determining that it would not be in the best interest of the child to return home, be referred for termination of parental rights and placed for adoption, placed with a fit and willing relative, or placed with a legal guardian] REQUIREMENTS OF SUBPARAGRAPH (E) OF PARAGRAPH (IV) OF SUBDIVISION (D) OF SECTION SEVEN HUNDRED FIFTY-SIX-A OF THIS PART HAVE BEEN MET. The social services official shall thereafter make reasonable efforts to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child as set forth in the permanency plan approved by the court. If reasonable efforts are determined by the court not to be required because of one of the grounds set forth in this paragraph, the social services official may file a petition for termination of parental rights in accordance with section three hundred eighty-four-b of the social services law. S 14. Paragraph (ii) of subdivision (d) of section 756-a of the family court act, as amended by section 4 of part B of chapter 327 of the laws of 2007, is amended to read as follows: (ii) in the case of a child who has attained the age of [sixteen] FOURTEEN, the services needed, if any, to assist the child to make the transition from foster care to independent living; S 15. Paragraphs (iii) and (iv) of subdivision (d) of section 756-a of the family court act, as amended by section 4 of part B of chapter 327 of the laws of 2007, are amended to read as follows: (iii) in the case of a child placed outside New York state, whether the out-of-state placement continues to be appropriate and in the best interests of the child; [and] (iv) whether and when the child: (A) will be returned to the parent; (B) should be placed for adoption with the social services official filing a petition for termination of parental rights; (C) should be referred for legal guardianship; (D) should be placed permanently with a fit and willing relative; or (E) should be placed in another planned S. 2006--A 159 A. 3006--A permanent living arrangement WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD if THE CHILD IS AGE SIXTEEN OR OLDER AND (1) the social services official has documented to the court [a]: (I) INTENSIVE, ONGOING, AND, AS OF THE DATE OF THE HEAR- ING, UNSUCCESSFUL EFFORTS MADE BY THE SOCIAL SERVICES DISTRICT TO RETURN THE CHILD HOME OR SECURE A PLACEMENT FOR THE CHILD WITH A FIT AND WILL- ING RELATIVE INCLUDING ADULT SIBLINGS, A LEGAL GUARDIAN, OR AN ADOPTIVE PARENT, INCLUDING THROUGH EFFORTS THAT UTILIZE SEARCH TECHNOLOGY INCLUD- ING SOCIAL MEDIA TO FIND BIOLOGICAL FAMILY MEMBERS FOR CHILDREN, (II) THE STEPS THE SOCIAL SERVICES DISTRICT IS TAKING TO ENSURE THAT (A) THE CHILD'S FOSTER FAMILY HOME OR CHILD CARE FACILITY IS FOLLOWING THE REASONABLE AND PRUDENT PARENT STANDARD IN ACCORDANCE WITH GUIDANCE PROVIDED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND (B) THE CHILD HAS REGULAR, ONGOING OPPORTUNITIES TO ENGAGE IN AGE OR DEVELOPMENTALLY APPROPRIATE ACTIVITIES INCLUDING BY CONSULTING WITH THE CHILD IN AN AGE-APPROPRIATE MANNER ABOUT THE OPPORTUNITIES OF THE CHILD TO PARTICIPATE IN ACTIVITIES; AND (2) THE SOCIAL SERVICES DISTRICT HAS DOCUMENTED TO THE COURT AND THE COURT HAS DETERMINED THAT THERE ARE compelling [reason] REASONS for determining that it [would] CONTINUES TO not be in the best interest of the child to return home, be referred for termination of parental rights and placed for adoption, placed with a fit and willing relative, or placed with a legal guardian; and (3) THE COURT HAS MADE A DETERMINATION EXPLAINING WHY, AS OF THE DATE OF THE HEARING, ANOTHER PLANNED LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD IS THE BEST PERMANENCY PLAN FOR THE CHILD; AND (V) where the child will not be returned home, consideration of appro- priate in-state and out-of-state placements. S 16. Subdivision (d-1) of section 756-a of the family court act, as added by section 4 of part B of chapter 327 of the laws of 2007, is amended to read as follows: (d-1) At the permanency hearing, the court shall consult with the respondent in an age-appropriate manner regarding the permanency plan; PROVIDED, HOWEVER, THAT IF THE RESPONDENT IS AGE SIXTEEN OR OLDER AND THE REQUESTED PERMANENCY PLAN FOR THE RESPONDENT IS PLACEMENT IN ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT, THE COURT MUST ASK THE RESPONDENT ABOUT THE DESIRED PERMANENCY OUTCOME FOR THE RESPONDENT. S 17. Paragraph (v) of subdivision (c) of section 1039-b of the family court act, as amended by section 5 of part B of chapter 327 of the laws of 2007, is amended to read as follows: (v) should be placed in another planned permanent living arrangement WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD IF THE CHILD IS AGE SIXTEEN OR OLDER AND if the [social services official has documented to the court a compelling reason for determining that it would not be in the best interests of the child to return home, be referred for termination of parental rights and placed for adoption, placed with a fit and willing relative, or placed with a legal guardian] REQUIREMENTS OF CLAUSE (E) OF SUBPARAGRAPH (I) OF PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION ONE THOUSAND EIGHTY-NINE OF THIS CHAPTER HAVE BEEN MET. The social services official shall there- after make reasonable efforts to place the child in a timely manner, including consideration of appropriate in-state and out-of-state place- ments, and to complete whatever steps are necessary to finalize the permanent placement of the child as set forth in the permanency plan S. 2006--A 160 A. 3006--A approved by the court. If reasonable efforts are determined by the court not to be required because of one of the grounds set forth in this para- graph, the social services official may file a petition for termination of parental rights in accordance with section three hundred eighty-four-b of the social services law. S 18. Item (v) of clause 7 of subparagraph (A) of paragraph (i) of subdivision (b) of section 1052 of the family court act, as amended by section 7 of part B of chapter 327 of the laws of 2007, is amended to read as follows: (v) should be placed in another planned permanent living arrangement that includes a significant connection to an adult [who is] willing to be a permanency resource for the child, IF THE CHILD IS AGE SIXTEEN OR OLDER AND if the [social services official has documented to the court a compelling reason for determining that it would not be in the best interest of the child to return home, be referred for termination of parental rights and placed for adoption, placed with a fit and willing relative, or placed with a legal guardian] REQUIREMENTS OF CLAUSE (E) OF SUBPARAGRAPH (I) OF PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION ONE THOUSAND EIGHTY-NINE OF THE CHAPTER HAVE BEEN MET. The social services official shall thereafter make reasonable efforts to place the child in a timely manner, including consideration of appropriate in-state and out-of-state placements, and to complete whatever steps are necessary to finalize the permanent placement of the child as set forth in the permanency plan approved by the court. If reasonable efforts are deter- mined by the court not to be required because of one of the grounds set forth in this paragraph, the social services official may file a peti- tion for termination of parental rights in accordance with section three hundred eighty-four-b of the social services law. S 19. Subparagraph (v) of paragraph 1 of subdivision (c) of section 1089 of the family court act, as added by section 27 of part A of chap- ter 3 of the laws of 2005, is amended to read as follows: (v) placement in another planned permanent living arrangement that includes a significant connection to an adult who is willing to be a permanency resource for the child IF THE CHILD IS AGE SIXTEEN OR OLDER, including documentation of: (A) INTENSIVE, ONGOING, AND, AS OF THE DATE OF THE HEARING, UNSUCCESSFUL EFFORTS TO RETURN THE CHILD HOME OR SECURE A PLACEMENT FOR THE CHILD WITH A FIT AND WILLING RELATIVE INCLUDING ADULT SIBLINGS, A LEGAL GUARDIAN, OR AN ADOPTIVE PARENT, INCLUDING THROUGH EFFORTS THAT UTILIZE SEARCH TECHNOLOGY INCLUDING SOCIAL MEDIA TO FIND BIOLOGICAL FAMILY MEMBERS FOR CHILDREN, (B) THE STEPS BEING TAKEN TO ENSURE THAT (I) THE CHILD'S FOSTER FAMILY HOME OR CHILD CARE FACILITY IS FOLLOWING THE REASONABLE AND PRUDENT PARENT STANDARD IN ACCORDANCE WITH THE GUIDANCE PROVIDED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND (II) THE CHILD HAS REGULAR, ONGOING OPPORTUNITIES TO ENGAGE IN AGE OR DEVELOPMENTALLY APPROPRIATE ACTIVITIES INCLUDING BY CONSULTING WITH THE CHILD IN AN AGE-APPROPRIATE MANNER ABOUT THE OPPOR- TUNITIES OF THE CHILD TO PARTICIPATE IN ACTIVITIES, AND (C) the compel- ling [reason] REASONS for determining that it [would] CONTINUES TO not be in the best interests of the child to be returned home, placed for adoption, placed with a legal guardian, or placed with a fit and willing relative; S 20. The opening paragraph of subdivision (d) of section 1089 of the family court act, as amended by chapter 334 of the laws of 2009, is amended to read as follows: Evidence, court findings and order. The provisions of subdivisions (a) and (c) of section one thousand forty-six of this act shall apply to all S. 2006--A 161 A. 3006--A proceedings under this article. THE PERMANENCY HEARING SHALL INCLUDE AN AGE APPROPRIATE CONSULTATION WITH THE CHILD; PROVIDED, HOWEVER THAT IF THE CHILD IS AGE SIXTEEN OR OLDER AND THE REQUESTED PERMANENCY PLAN FOR THE CHILD IS PLACEMENT IN ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD, THE COURT MUST ASK THE CHILD ABOUT THE DESIRED PERMANENCY OUTCOME FOR THE CHILD. At the conclusion of each permanency hearing, the court shall, upon the proof adduced, [which shall include age-appropriate consultation with the child who is the subject of the permanency hearing,] and in accordance with the best interests and safe- ty of the child, including whether the child would be at risk of abuse or neglect if returned to the parent or other person legally responsi- ble, determine and issue its findings, and enter an order of disposition in writing: S 21. Clause (E) of subparagraph (i) of paragraph 2 of subdivision (d) of section 1089 of the family court act, as added by section 27 of part A of chapter 3 of the laws of 2005, is amended to read as follows: (E) placement in another planned permanent living arrangement that includes a significant connection to an adult willing to be a permanency resource for the child if the [local social services official has docu- mented to] CHILD IS AGE SIXTEEN OR OLDER AND the court [a] HAS DETER- MINED THAT AS OF THE DATE OF THE PERMANENCY HEARING, ANOTHER PLANNED PERMANENCY LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD IS THE BEST PERMANENCY PLAN FOR THE CHILD AND THERE ARE compelling [reason] REASONS for deter- mining that it [would] CONTINUES TO not be in the best interests of the child to return home, be referred for termination of parental rights and placed for adoption, placed with a fit and willing relative, or placed with a legal guardian; S 22. Subdivision 2 of section 4173 of the public health law, as amended by chapter 644 of the laws of 1988, is amended to read as follows: 2. A certified copy or certified transcript of a birth record shall be issued only upon order of a court of competent jurisdiction or upon a specific request therefor by the person, if eighteen years of age or more, or by a parent or other lawful representative of the person to whom the record of birth relates INCLUDING AN AUTHORIZED REPRESENTATIVE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A LOCAL SOCIAL SERVICES DISTRICT IF THE PERSON IS IN THE CARE AND CUSTODY OR CUSTODY AND GUARDI- ANSHIP OF SUCH ENTITY. S 23. Paragraph (b) of subdivision 1 of section 4174 of the public health law, as amended by chapter 396 of the laws of 1989, is amended to read as follows: (b) issue certified copies or certified transcripts of birth certif- icates only (1) upon order of a court of competent jurisdiction, or (2) upon specific request therefor by the person, if eighteen years of age or more, or by a parent or other lawful representative of the person, to whom the record of birth relates INCLUDING AUTHORIZED REPRESENTATIVES OF A LOCAL SOCIAL SERVICES DISTRICT IF THE PERSON IS IN THE CARE AND CUSTO- DY OR CUSTODY AND GUARDIANSHIP OF SUCH DISTRICT, or (3) upon specific request therefor by a department of a state or the federal government of the United States; S 24. Subdivision 4 of section 4174 of the public health law, as amended by section 132 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: S. 2006--A 162 A. 3006--A 4. No fee shall be charged for a search, certification, certificate, certified copy or certified transcript of a record to be used for school entrance, employment certificate or for purposes of public relief or when required by the veterans administration to be used in determining the eligibility of any person to participate in the benefits made avail- able by the veterans administration or when required by a board of elections for the purposes of determining voter eligibility or when requested by the department of corrections and community supervision or a local correctional facility as defined in subdivision sixteen of section two of the correction law for the purpose of providing a certi- fied copy or certified transcript of birth to an inmate in anticipation of such inmate's release from custody or when requested by the office of children and family services or an authorized agency for the purpose of providing a certified copy or certified transcript of birth to a youth placed in the CARE AND custody OR CUSTODY AND GUARDIANSHIP of the local commissioner of social services or the CARE AND custody OR CUSTODY AND GUARDIANSHIP of the office of children and family services [pursuant to article three of the family court act] in anticipation of such youth's discharge from placement OR FOSTER CARE. S 25. Subdivision 1 of section 837-e of the executive law, as amended by chapter 690 of the laws of 1994, is amended to read as follows: 1. There is hereby established through electronic data processing and related procedures, a statewide central register for missing children which shall be compatible with the national crime information center register maintained pursuant to the federal missing children act of nineteen hundred eighty-two[, such missing]. AS USED IN THIS ARTICLE, THE TERM MISSING child [hereinafter defined as] SHALL MEAN any person under the age of eighteen years, OR ANY YOUTH, UNDER THE AGE OF TWENTY- ONE YEARS, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A LOCAL DEPARTMENT OF SOCIAL SERVICES HAS RESPONSIBILITY FOR PLACEMENT, CARE, OR SUPERVISION, OR WHO IS THE SUBJECT CHILD OF A CHILD PROTECTIVE INVESTI- GATION, IS RECEIVING SERVICES UNDER SECTION 477 OF THE SOCIAL SECURITY ACT, OR HAS RUN AWAY FROM FOSTER CARE, WHERE SUCH OFFICE OR DEPARTMENT HAS REASONABLE CAUSE TO BELIEVE THAT SUCH YOUTH IS, OR IS AT RISK OF BEING, A SEX TRAFFICKING VICTIM, WHO IS missing from his or her normal and ordinary place of residence and whose whereabouts cannot be deter- mined by a person responsible for the child's care and any child known to have been taken, enticed or concealed from the custody of his or her lawful guardian by a person who has no legal right to do so. S 26. Severability. If any clause, sentence, paragraph, subdivision, section or part contained in any part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivi- sion, section or part contained in any part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 27. This act shall take effect immediately, provided however that sections eight through twenty-four of this act shall take effect Septem- ber 1, 2015 and section twenty-five of this act shall take effect Janu- ary 1, 2016. PART M S. 2006--A 163 A. 3006--A Section 1. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural rental assistance program, a sum not to exceed twenty-one million six hundred forty-two thousand dollars for the fiscal year ending March 31, 2016. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural rental assistance program contracts author- ized by this section, a total sum not to exceed twenty-one million six hundred forty-two thousand dollars, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insur- ance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2014-2015 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2015. Notwithstanding any other provision of law, such funds may be used by the corporation in support of contracts scheduled to expire in the fiscal year ending March 31, 2016 for as many as 10 additional years; in support of contracts for new eligible projects for a period not to exceed 5 years; and in support of contracts which reach their 25 year maximum in and/or prior to the fiscal year ending March 31, 2016 for an additional one year period. S 2. Notwithstanding any other provision of law, the housing finance agency may provide, for costs associated with the rehabilitation of Mitchell Lama housing projects, a sum not to exceed forty-two million dollars for the fiscal year ending March 31, 2016. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing finance agency, for the purposes of reimbursing any costs associated with Mitchell Lama housing projects authorized by this section, a total sum not to exceed forty-two million dollars as soon as practicable but no later than March 31, 2016. S 3. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the neighborhood preserva- tion program, a sum not to exceed eight million four hundred seventy- nine thousand dollars for the fiscal year ending March 31, 2016. 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) S. 2006--A 164 A. 3006--A the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insur- ance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2014-2015 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2015. S 4. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural preservation program, a sum not to exceed three million five hundred thirty-nine thousand dollars for the fiscal year ending March 31, 2016. Notwith- standing any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural preservation program contracts authorized by this section, a total sum not to exceed three million five hundred thir- ty-nine thousand dollars, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2014-2015 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2015. S 5. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural and urban commu- nity investment fund program created pursuant to article XXVII of the private housing finance law, a sum not to exceed seventeen million dollars for the fiscal year ending March 31, 2016. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural and urban commu- nity investment fund program contracts authorized by this section, a total sum not to exceed seventeen million dollars as soon as practicable but not later than March 31, 2016. S 6. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for the purposes of carrying out the S. 2006--A 165 A. 3006--A provisions of the low income housing trust fund program created pursuant to article XVIII of the private housing finance law, a sum not to exceed seven million five hundred thousand dollars for the fiscal year ending March 31, 2016. Notwithstanding any other provision of law, and provided that reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authori- ties law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accom- plish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation, for the purposes of carrying out the provisions of the low income housing trust fund program created pursuant to article XVIII of the private housing finance law authorized by this section, a total sum not to exceed seven million five hundred thousand dollars as soon as practicable but no later than March 31, 2016. S 7. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the homes for working families program for deposit in the housing trust fund created pursuant to section 59-a of the private housing finance law and subject to the provisions of article XVIII of the private housing finance law, a sum not to exceed eight million five hundred thousand dollars for the fiscal year ending March 31, 2016. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation, for the purposes of reimbursing any costs associated with homes for working families program contracts authorized by this section, a total sum not to exceed eight million five hundred thousand dollars as soon as practicable but no later than March 31, 2016. S 8. Notwithstanding any other provision of law, the homeless housing and assistance corporation may provide, for purposes of the New York state supportive housing program, the solutions to end homelessness program or the operational support for AIDS housing program, or to qual- ified grantees under those programs, in accordance with the requirements of those programs, a sum not to exceed sixteen million three hundred forty thousand dollars for the fiscal year ending March 31, 2016. The homeless housing and assistance corporation may enter into an agreement with the office of temporary and disability assistance to administer such sum in accordance with the requirements of the programs. Notwith- standing any other provision of law, and subject to the approval of the director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the homeless housing and assistance corporation, a total sum not to exceed sixteen million three hundred forty thousand dollars, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insur- ance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2014-2015 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the S. 2006--A 166 A. 3006--A reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than March 31, 2016. S 9. This act shall take effect immediately. PART N Section 1. Subdivision 1 of section 652 of the labor law, as amended by section 1 of part P of chapter 57 of the laws of 2013, is amended to read as follows: 1. Statutory. Every employer shall pay to each of its employees for each hour worked a wage of not less than: $4.25 on and after April 1, 1991, $5.15 on and after March 31, 2000, $6.00 on and after January 1, 2005, $6.75 on and after January 1, 2006, $7.15 on and after January 1, 2007, $8.00 on and after December 31, 2013, $8.75 on and after December 31, 2014, $9.00 on and after December 31, 2015, $11.50 IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION AND $10.50 IN THE REMAINDER OF THE STATE ON AND AFTER DECEMBER 31, 2016 or, if greater, such other wage as may be established by federal law pursuant to 29 U.S.C. section 206 or its successors or such other wage as may be established in accordance with the provisions of this article. S 2. The labor law is amended to add a new section 525 to read as follows: S 525. HIGH QUARTER THRESHOLD. FOR PURPOSES OF THIS ARTICLE, "HIGH QUARTER THRESHOLD" SHALL EQUAL TWO HUNDRED TWENTY-ONE TIMES THE MINIMUM WAGE RATE SPECIFIED BELOW ROUNDED DOWN TO THE NEAREST ONE HUNDRED DOLLARS. THE MINIMUM WAGE RATE REFERENCED ABOVE SHALL BE A SINGLE HOURLY RATE THAT: (I) IS LISTED IN SUBDIVISION ONE OF SECTION SIX HUNDRED FIFTY-TWO OF THIS CHAPTER; (II) IS A GENERAL RATE THAT IS NOT RESTRICTED TO SPECIFIED LOCALITIES, INDUSTRIES, OCCUPATIONS OR EMPLOYMENTS AND; (III) WAS IN EFFECT 18 MONTHS BEFORE THE MONDAY OF THE WEEK THAT THE CLAIM WAS FILED, AS DETERMINED BY THE COMMISSIONER. S 3. Subdivisions 1 and 2 of section 527 of the labor law, subdivision 1 as amended by section 2 of part O of chapter 57 of the laws of 2013 and subdivision 2 as amended by section 5 of chapter 589 of the laws of 1998, are amended to read as follows: S 527. Valid original claim. 1. Basic condition. "Valid original claim" is a claim filed by a claimant who meets the following qualifica- tions: (a) is able to work, and available for work; (b) is not subject to any disqualification or suspension under this article; (c) his or her previously established benefit year, if any, has expired; (d) has been paid remuneration by employers liable for contributions or for payments in lieu of contributions under this article, other than employers from whom the claimant lost employment and for which the commissioner makes a determination disqualifying the claimant for misconduct pursuant to subdivisions three and six of section five hundred ninety-three of this article, for employment during at least two calendar quarters of the S. 2006--A 167 A. 3006--A base period, with remuneration of one and one-half times the high calen- dar quarter remuneration within the base period and with REMUNERATION DURING THE HIGH CALENDAR QUARTER OF NO LESS THAN THE HIGH QUARTER THRES- HOLD [at least two hundred twenty-one times the minimum wage established under subdivision one of section six hundred fifty-two of this chapter rounded down to the nearest one hundred dollars of such remuneration being paid during the high calendar quarter of such base period]. For purposes of this section, the remuneration in the high calendar quarter of the base period used in determining a valid original claim shall not exceed an amount equal to twenty-two times the maximum benefit rate as set forth in subdivision five of section five hundred ninety of this article for all individuals. 2. Alternate condition. (a) An individual who is unable to file a valid original claim in accordance with subdivision one of this section, files a valid original claim by meeting the qualifications enumerated in paragraphs (a), (b) and (c) of subdivision one of this section and by having been paid remuneration by employers liable for contributions or for payments in lieu of contributions under this article, other than employers from whom the claimant lost employment and for which the commissioner makes a determination disqualifying the claimant for misconduct pursuant to subdivisions three and six of section five hundred ninety-three of this article, for employment during at least two calendar quarters of the base period, with remuneration of one and one- half times the high calendar quarter remuneration within the base period and with REMUNERATION DURING THE HIGH CALENDAR QUARTER OF NO LESS THAN THE HIGH QUARTER THRESHOLD [at least two hundred twenty-one times the minimum wage established under subdivision one of section six hundred fifty-two of this chapter rounded down to the nearest one hundred dollars of such remuneration being paid during the high calendar quarter of such base period]. For purposes of this section, the remuneration in the high calendar quarter of the base period used in determining a valid original claim shall not exceed an amount equal to twenty-two times the maximum benefit rate as set forth in subdivision five of section five hundred ninety of this article for all individuals. S 4. This act shall take effect immediately provided, however, that sections two and three of this act shall take effect December 31, 2016. PART O Section 1. The labor law is amended by adding a new section 202-m to read as follows: S 202-M. HEALTHCARE PROFESSIONALS WHO VOLUNTEER TO FIGHT THE EBOLA VIRUS DISEASE OVERSEAS. 1. FINDINGS AND POLICY OF THE STATE. IT IS HERE- BY FOUND AND DECLARED THAT THE EBOLA VIRUS DISEASE IS A RARE AND POTEN- TIALLY DEADLY DISEASE CAUSED BY INFECTION WITH ONE OF FOUR EBOLA VIRUS STRAINS KNOWN TO CAUSE DISEASE IN HUMANS, THAT THE WORLD HEALTH ORGAN- IZATION HAS DECLARED THAT THE CURRENT EBOLA VIRUS DISEASE OUTBREAK IN WEST AFRICA CONSTITUTES A PUBLIC HEALTH EMERGENCY OF INTERNATIONAL CONCERN, AND THAT THE CENTERS FOR DISEASE CONTROL AND PREVENTION OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES HAS REPORTED THAT THE NUMBER OF FUTURE EBOLA VIRUS DISEASE CASES WILL REACH EXTRAORDINARY LEVELS WITHOUT A SCALE-UP OF INTERVENTIONS. IT IS HEREBY DECLARED TO BE THE POLICY OF THE STATE TO WORK WITH ITS INTERNATIONAL PARTNERS TO HELP ERADICATE THE EBOLA VIRUS DISEASE BY SUPPORTING THE DEDICATED NEW YORK STATE HEALTHCARE PROFESSIONALS WHO SEEK TO PROVIDE INVALUABLE HELP TO THIS EFFORT. S. 2006--A 168 A. 3006--A 2. BILL OF RIGHTS. A HEALTHCARE PROFESSIONAL WHO VOLUNTEERS TO FIGHT EBOLA IS PROTECTED BY EXISTING STATE LAWS THAT PROHIBIT DISCRIMINATION ON THE BASIS OF AN ACTUAL OR PERCEIVED DISABILITY. UPON RETURN FROM FIGHTING EBOLA OVERSEAS, A HEALTHCARE PROFESSIONAL WILL BE PROVIDED WITH A BILL OF RIGHTS OUTLINING THESE EXISTING ANTI-DISCRIMINATION LAWS. IN ADDITION TO THESE EXISTING ANTI-DISCRIMINATION LAWS, AND IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, HEALTHCARE PROFESSIONALS SHALL HAVE THE RIGHT TO SEEK A LEAVE OF ABSENCE TO VOLUNTEER TO FIGHT EBOLA OVER- SEAS WITHOUT ADVERSE EMPLOYMENT CONSEQUENCES. 3. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "EMPLOYEE" MEANS ANY INDIVIDUAL HEALTHCARE PROFESSIONAL WHO PERFORMS SERVICES FOR HIRE FOR AN EMPLOYER BUT SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR. (B) "EMPLOYER" MEANS A PERSON OR ENTITY THAT EMPLOYS A HEALTHCARE PROFESSIONAL AND INCLUDES AN INDIVIDUAL, CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, ASSOCIATION, NONPROFIT ORGANIZATION, GROUP OF PERSONS, COUNTY, TOWN, CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY, STATE AGENCY, OR OTHER GOVERNMENTAL SUBDIVISION OF ANY KIND. (C) "FIGHT EBOLA" MEANS TO SERVE AS A HEALTHCARE PROFESSIONAL IN A COUNTRY THAT HAS BEEN CLASSIFIED AS HAVING WIDESPREAD TRANSMISSION OF THE EBOLA VIRUS DISEASE BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (D) "HEALTHCARE PROFESSIONAL" MEANS: (I) A PHYSICIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW; (II) A PHYSICIAN ASSISTANT LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW; (III) A NURSE PRACTITIONER LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE EDUCATION LAW; (IV) A REGISTERED PROFESSIONAL NURSE LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE EDUCATION LAW; AND (V) OTHER HEALTHCARE PROFESSIONS AS ADDED BY THE COMMISSIONER. (E) "LEAVE OF ABSENCE" MEANS TIME AWAY FROM WORK THAT IS EXCUSED. SUCH TIME SHALL BE UNPAID, UNLESS THE EMPLOYEE REQUESTS THAT SUCH TIME, OR A PORTION THEREOF, BE PAID PURSUANT TO A CHARGE AGAINST PAID LEAVE THAT HAS ACCRUED TO SUCH EMPLOYEE. (F) "UNDUE HARDSHIP" MEANS AN ABSENCE REQUIRING SIGNIFICANT EXPENSE OR DIFFICULTY, INCLUDING A SIGNIFICANT INTERFERENCE WITH THE SAFE OR EFFI- CIENT OPERATION OF THE WORKPLACE OR A VIOLATION OF A BONA FIDE SENIORITY SYSTEM. FACTORS TO BE CONSIDERED IN DETERMINING WHETHER AN ABSENCE CONSTITUTES AN UNDUE ECONOMIC HARDSHIP SHALL INCLUDE, BUT NOT BE LIMITED TO THE IDENTIFIABLE COST OF THE ABSENCE, INCLUDING THE COSTS OF LOSS OF PRODUCTIVITY AND OF RETRAINING, HIRING OR TRANSFER OF EMPLOYEES, IN RELATION TO THE SIZE AND OPERATING COSTS OF THE EMPLOYER AND OTHER KNOWN OR REASONABLY FORESEEABLE ABSENCES, THE OVERALL FINANCIAL RESOURCES OF THE EMPLOYER, THE NUMBER OF EMPLOYEES AT THE EMPLOYEE'S FACILITY, THE EMPLOYEE'S ROLE WITHIN THE FACILITY, THE TYPE OF OPERATION OF THE EMPLOYER, INCLUDING THE STRUCTURE AND FUNCTIONS OF THE EMPLOYEE WITHIN IT, THE IMPACT ON THE OPERATION OF THE EMPLOYER, AND THE EMPLOYER'S ABILITY TO HIRE TEMPORARY OR NEW EMPLOYEES WITH THE REQUISITE SKILLS TO ENSURE THE EMPLOYER'S CONTINUED OPERATIONS. (G) "VOLUNTEER" MEANS TO FREELY OFFER SERVICES TO FIGHT EBOLA AND INCLUDES SUCH SERVICES WITHOUT REGARD TO WHETHER THEY ARE COMPENSATED. 4. LEAVE OF ABSENCE BY HEALTHCARE PROFESSIONALS WHO VOLUNTEER TO FIGHT EBOLA. AN EMPLOYEE COVERED BY THIS SECTION HAS THE RIGHT TO REQUEST A S. 2006--A 169 A. 3006--A LEAVE OF ABSENCE TO VOLUNTEER TO FIGHT EBOLA FROM HIS OR HER EMPLOYER AS HEREIN PROVIDED. AN EMPLOYER SHALL GRANT SUCH REQUEST FOR A LEAVE OF ABSENCE TO VOLUNTEER TO FIGHT EBOLA, UNLESS THE EMPLOYEE'S ABSENCE IMPOSES AN UNDUE HARDSHIP ON THE EMPLOYER'S BUSINESS OR OPERATIONS. 5. DURATION OF THE LEAVE OF ABSENCE. (A) THE DURATION OF THE LEAVE OF ABSENCE SHALL BE THE FULL TIME PERIOD REQUESTED BY THE EMPLOYEE, WHICH SHALL INCLUDE TRAVEL TIME, SERVICE VOLUNTEERING TO FIGHT EBOLA, AND A REASONABLE PERIOD OF REST AND RECOVERY. IF THE EMPLOYER DETERMINES THAT AN ABSENCE FOR THAT FULL PERIOD OF TIME WOULD CONSTITUTE AN UNDUE HARD- SHIP, THE EMPLOYER AND EMPLOYEE SHALL WORK TOGETHER TO DETERMINE WHETHER THERE IS A SHORTER PERIOD OF TIME THAT WOULD NOT CONSTITUTE AN UNDUE HARDSHIP THAT WOULD STILL ALLOW THE EMPLOYEE TO VOLUNTEER TO FIGHT EBOLA. IF THE EMPLOYER AND EMPLOYEE AGREE ON A SHORTER PERIOD, THAT SHALL BE THE DURATION OF THE LEAVE OF ABSENCE UNDER THIS PARAGRAPH. OTHERWISE, IF THEY ARE UNABLE TO AGREE ON A SHORTER PERIOD, THE LEAVE OF ABSENCE SHALL BE DEEMED DENIED. (B) THE DURATION OF LEAVE OF ABSENCE, AS DETERMINED PURSUANT TO PARA- GRAPH (A) OF THIS SUBDIVISION SHALL BE EXTENDED TO INCLUDE ANY ADDI- TIONAL PERIOD OF TIME THAT THE EMPLOYEE BECOMES SUBJECT TO A MANDATORY QUARANTINE PERIOD IMPOSED AT THE END OF THE EMPLOYEE'S VOLUNTARY SERVICE TO FIGHT EBOLA. 6. LEAVE OF ABSENCE REQUEST. AN EMPLOYEE'S REQUEST FOR A LEAVE OF ABSENCE PURSUANT TO THIS SECTION SHALL BE MADE, IN WRITING, TO HIS OR HER EMPLOYER AT LEAST TWENTY-ONE DAYS PRIOR TO THE EMPLOYEE'S PROPOSED START DATE OF SUCH LEAVE OF ABSENCE. THE EMPLOYEE'S REQUEST SHALL, AT A MINIMUM: (A) IDENTIFY THE DURATION OF LEAVE SOUGHT, INCLUDING THE ANTICIPATED START AND END DATES OF THE VOLUNTEER SERVICE, TOGETHER WITH ANY ADDI- TIONAL TIME SOUGHT FOR TRANSPORTATION AND FOR REST PRIOR TO RETURNING TO WORK; (B) IDENTIFY THE SERVICE TO BE VOLUNTEERED, INCLUDING THE COUNTRY AND THE ORGANIZATION WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING; AND (C) CERTIFY THAT SUCH SERVICE CONSTITUTES VOLUNTEERING TO FIGHT EBOLA, WITHIN THE MEANING OF THIS SECTION. 7. NOTARIZATION. UPON THE EMPLOYER'S REQUEST, AN EMPLOYEE WHO HAS BEEN GRANTED A LEAVE OF ABSENCE IN ACCORDANCE WITH THIS SECTION SHALL PROVIDE HIS OR HER EMPLOYER WITH A NOTARIZED STATEMENT FROM THE ORGANIZATION OR ENTITY WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING. THE STATEMENT SHALL: (A) IDENTIFY THE ANTICIPATED START AND END DATES OF THE VOLUNTEER SERVICE AND THE TERMS OF SERVICE, INCLUDING ANY COMPENSATION AND BENE- FITS TO BE PROVIDED; (B) IDENTIFY THE SERVICE TO BE VOLUNTEERED, INCLUDING THE COUNTRY AND THE ORGANIZATION WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING; AND (C) CERTIFY THAT SUCH SERVICE CONSTITUTES VOLUNTEERING TO FIGHT EBOLA, WITHIN THE MEANING OF THIS SECTION. 8. BENEFITS DURING LEAVE. EMPLOYEES WHO TAKE LEAVE UNDER THIS SECTION SHALL BE RESTORED AT THE COMPLETION OF SUCH LEAVE TO THE SAME OR COMPA- RABLE POSITION WITHOUT LOSS OF SENIORITY, SHALL BE ENTITLED TO PARTIC- IPATE IN INSURANCE OR OTHER BENEFITS OFFERED BY THE EMPLOYER PURSUANT TO ESTABLISHED RULES AND PRACTICES RELATING TO EMPLOYEES ON FURLOUGH OR LEAVE OF ABSENCE IN EFFECT WITH THE EMPLOYER AT THE TIME SUCH EMPLOYEE MADE REQUEST TO TAKE LEAVE OF ABSENCE AS PROVIDED IN THIS SECTION. 9. RETALIATION PROHIBITED. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR REQUESTING OR OBTAINING A LEAVE OF ABSENCE AS PROVIDED BY THIS SECTION. S. 2006--A 170 A. 3006--A 10. RETENTION OF BENEFITS. THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT OR PREVENT AN EMPLOYER FROM PROVIDING LEAVE IN ADDITION TO LEAVE ALLOWED UNDER ANY OTHER PROVISION OF LAW. THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT AN EMPLOYEE'S RIGHTS WITH RESPECT TO ANY OTHER EMPLOYEE BENEFIT PROVIDED BY LAW, RULE OR REGULATION. 11. COLLECTIVE BARGAINING. NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE, INFRINGE, OR DIMINISH THE RIGHTS AND BENEFITS THAT ACCRUE TO EMPLOYEES THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMINISH THE INTEGRITY OF AN EXISTING COLLECTIVE BARGAINING AGREEMENT. 12. REVIEW OF DENIAL OF LEAVE. AN EMPLOYEE WHOSE REQUEST FOR LEAVE UNDER THIS SECTION HAS BEEN DENIED MAY PETITION THE COMMISSIONER FOR REVIEW OF SUCH DENIAL, WHICH REVIEW SHALL BE EXPEDITIOUSLY CONDUCTED. 13. RULES AND REGULATIONS. THE COMMISSIONER MAY PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS OF THIS SECTION. S 2. This act shall take effect on the thirtieth day after it shall have become a law; provided, however, that subdivision four of section 202-m of the labor law, as added by section one of this act, shall expire and be deemed repealed December 1, 2016, and provided, further that this act shall expire and be deemed repealed December 1, 2017. PART P Section 1. Subdivision 3 of section 204 of the labor law, as amended by section 2 of part A of chapter 57 of the laws of 2004, is amended to read as follows: 3. Fees. A fee of two hundred dollars shall be charged the owner or lessee of each boiler internally inspected and seventy-five dollars for each boiler externally inspected by the commissioner, provided however, that the external inspection of multiple boilers connected to a common header or of separate systems owned or leased by the same party and located in the same building, with a combined input which is 300,000 BTU/hour or less, shall be charged a single inspection fee, and further provided that, not more than two hundred seventy-five dollars shall be charged for the inspection of any one boiler for any year; except that [in the case] NO FEE SHALL BE CHARGED FOR INTERNAL OR EXTERNAL INSPECTIONS BY THE COMMISSIONER of an antique steam engine maintained as a hobby and displayed at agricultural fairs and other gatherings[, a fee of twenty-five dollars only shall be charged the owner or lessee thereof for each boiler internally inspected by the commissioner and a fee of twenty-five dollars only shall be charged for each boiler externally inspected by the commissioner, but not more than fifty dollars shall be charged for the inspection of any one such boiler for any year, and except that in the case] OR of a miniature boiler [a fee of fifty dollars only shall be charged for the inspection of any one such boiler for any year. Such fee shall be payable within thirty days after inspection]. S 2. Subdivision 1 of section 212-b of the labor law, as amended by section 6 of part A of chapter 57 of the laws of 2004, is amended to read as follows: 1. No person shall operate a farm labor camp commissary, or cause or allow the operation of a farm labor camp commissary, without a permit from the commissioner to do so, and unless such permit is in full force and effect. Application for such permit shall be made on a form S. 2006--A 171 A. 3006--A prescribed by the commissioner [and shall be accompanied by a non-re- fundable fee of forty dollars]. S 3. Subdivision 1 of section 74 of chapter 784 of the laws of 1951, constituting the New York state defense emergency act, as amended by section 12 of part A of chapter 57 of the laws of 2004, is amended to read as follows: 1. Employers in defense work may make applications for dispensation pursuant to this article in such manner and upon such forms as the commissioner of labor shall prescribe. [Each application shall be accompanied by a non-refundable fee of forty dollars payable to the commissioner.] The commissioner of labor may, after hearing upon due notice, revoke dispensations not necessary to maintain maximum possible production in defense work. S 4. Subdivision 5 of section 161 of the labor law, as amended by section 1 of part A of chapter 57 of the laws of 2004, is amended to read as follows: 5. If there shall be practical difficulties or unnecessary hardship in carrying out the provisions of this section or the rules promulgated hereunder, the commissioner may make a variation therefrom if the spirit of the act be observed and substantial justice done. Such variation shall describe the conditions under which it shall be permitted and shall apply to substantially similar conditions. A properly indexed record of variations shall be kept by the department. [Each application for a variation shall be accompanied by a non-refundable fee of forty dollars.] S 5. Paragraph b of subdivision 4 of section 212-a of the labor law, as amended by section 5 of part A of chapter 57 of the laws of 2004, is amended to read as follows: b. The application for such registration shall be made on a form prescribed by the commissioner, shall contain information on wages, working conditions, housing, and on such other matters as the commis- sioner may prescribe [and shall be accompanied by a non-refundable fee of forty dollars]. Copies of the application, or summaries thereof containing the above information, shall be made available by the commis- sioner to the registrant, and the registrant shall give a copy to each worker, preferably at the time of recruitment, but in no event later than the time of arrival in this state. A copy shall also be kept posted at all times in a conspicuous place in any camp in which such workers are housed. S 6. Paragraph b of subdivision 2 of section 212-a of the labor law, as amended by section 4 of part A of chapter 57 of the laws of 2004, is amended to read as follows: b. The application for such certificate of registration shall be made on a form prescribed by the commissioner, shall contain information on wages, working conditions, housing and on such other matters as the commissioner may prescribe [and shall be accompanied by a non-refundable fee of two hundred dollars]. It shall be countersigned by each grower or processor who utilizes the services of such farm labor contractor, as provided in subdivision three of this section. Copies of the applica- tion, or summaries thereof containing the above information, shall be made available by the commissioner to the registrant, and the registrant shall give a copy to each worker, preferably at the time of recruitment, but in no event later than the time of arrival in this state if the worker comes from outside of the state, or the time of commencement of work if the worker does not come from outside of the state. A copy shall also be kept posted at all times in a conspicuous place in any camp in S. 2006--A 172 A. 3006--A which such workers are housed. Each applicant shall submit his OR HER fingerprints with his OR HER application for a certificate of registra- tion. Such fingerprints shall be submitted to the division of criminal justice services for a state criminal history record check, as defined in subdivision one of section three thousand thirty-five of the educa- tion law, and may be submitted to the federal bureau of investigation for a national criminal history record check. S 7. Subdivision 2 of section 352 of the labor law is REPEALED. S 8. Subdivisions 5 and 6 of section 919 of the labor law, as added by chapter 565 of the laws of 2002, are amended to read as follows: 5. A professional employer organization shall be exempt from the registration requirements specified in this section [and from the fees specified in section nine hundred twenty of this article] if such professional employer organization: (a) submits a properly executed request for registration and exemption on a form provided by the department; (b) is domiciled outside this state and is licensed or registered as a professional employer organization in another state that has the same or greater requirements as this article; (c) does not maintain an office in this state or solicit in any manner clients located or domiciled within this state; and (d) does not have more than twenty-five worksite employees in this state. 6. The registration and exemption of a professional employer organiza- tion under subdivision five of this section shall be valid for one year. [Each de minimis registrant shall pay to the department upon initial registration, and upon each annual renewal thereafter, a registration fee in the amount of two hundred fifty dollars.] S 9. Section 920 of the labor law is REPEALED. S 10. Subdivision 4 of section 134 of the workers' compensation law, as amended by chapter 6 of the laws of 2007, is amended to read as follows: 4. Employers required to participate in the workplace safety and loss prevention program established by this section shall be permitted to utilize the services of either the department of labor, or a private safety and loss consultant which has been certified by the department of labor [and has paid the appropriate certification fee prescribed by rules and regulations promulgated under this section]. Private safety and loss consultants may charge employers a fee for their services[, and where employers elect to have the services provided by the department of labor, they shall pay for such services in accordance with fee schedules established by the department of labor's rules and regulations]. S 11. Subdivision 5 of section 134 of the workers' compensation law is REPEALED. S 12. Subdivision 10 of section 134 of the workers' compensation law, as amended by chapter 6 of the laws of 2007 and as further amended by section 104 of part A of chapter 62 of the laws of 2011, is amended to read as follows: 10. The commissioner of labor, in consultation with the superintendent of financial services, shall promulgate rules and regulations for the certification of safety and loss management specialists. Such rules and regulations shall include provisions that outline the minimum qualifica- tions for safety and loss management specialists, procedures for certif- ication, causes for revocation or suspension of certification and appro- priate administrative and judicial review procedures, AND violations and penalties for misuse of certification by certified safety and loss S. 2006--A 173 A. 3006--A management specialists[, and fees for certificate and certificate renewal]. S 13. Subdivision 2 of section 345-a of the labor law, as added by chapter 503 of the laws of 1998, is amended to read as follows: 2. For the purposes of this section, the exercise of reasonable care or diligence by a manufacturer or contractor shall be presumed if, prior to the execution of such contract or subcontract, and annually thereaft- er, such manufacturer or contractor receives from the department written assurance of compliance with section three hundred forty-one of this article. [The department may charge a reasonable fee for providing such assurance to a manufacturer or contractor.] S 14. Subdivisions 6 and 7 of section 819 of the labor law are REPEALED and subdivision 5, as amended by chapter 319 of the laws of 2004, is amended to read as follows: 5. The entity possesses a tag issued by the department with an iden- tification number affixed and identifying each machine[;]. S 15. Section 204-a of the labor law is REPEALED. S 16. This act shall take effect immediately. PART Q Section 1. Subdivision 2 of section 355 of the education law is amended by adding a new paragraph f-1 to read as follows: F-1. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL PASS A RESOLUTION BY DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, PROVIDING THAT STUDENTS ENROLLED IN AN ACADEMIC PROGRAM OF THE STATE UNIVERSITY OF NEW YORK SHALL BE REQUIRED TO PARTICIPATE IN AN APPROVED EXPERIENTIAL OR APPLIED LEARNING ACTIVITY AS A DEGREE REQUIREMENT. SUCH RESOLUTION SHALL DEFINE APPROVED EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES, METHODS OF FACULTY OVERSIGHT AND ASSESSMENT, RESPONSIBILITIES OF BUSINESS, CORPORATE, NON- PROFIT OR OTHER ENTITIES HOSTING STUDENTS, AND A PLAN FOR FULL IMPLEMEN- TATION OF THIS REQUIREMENT. S 2. Section 6206 of the education law is amended by adding a new subdivision 18 to read as follows: 18. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL PASS A RESOLUTION BY DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, PROVIDING THAT STUDENTS ENROLLED IN AN ACADEMIC PROGRAM OF THE CITY UNIVERSITY OF NEW YORK SHALL BE REQUIRED TO PARTICIPATE IN AN APPROVED EXPERIENTIAL OR APPLIED LEARN- ING ACTIVITY AS A DEGREE REQUIREMENT. SUCH RESOLUTION SHALL DEFINE APPROVED EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES, METHODS OF FACULTY OVERSIGHT AND ASSESSMENT, RESPONSIBILITIES OF BUSINESS, CORPORATE, NON- PROFIT OR OTHER ENTITIES HOSTING STUDENTS, AND A PLAN FOR FULL IMPLEMEN- TATION OF THIS REQUIREMENT. S 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2015. PART R Section 1. Paragraph (a) of subdivision 1 of section 1 of part U of chapter 57 of the laws of 2005, relating to the New York state higher education capital matching grant program for independent colleges, as amended by section 1 of part H of chapter 56 of the laws of 2014, is amended to read as follows: S. 2006--A 174 A. 3006--A (a) The New York state higher education capital matching grant board is hereby created to have and exercise the powers, duties and preroga- tives provided by the provisions of this section and any other provision of law. The board shall remain in existence during the period of the New York state higher education capital matching grant program from the effective date of this section through [March 31, 2017, or] the date on which the last of the funds available for grants under this section shall have been disbursed[, whichever is earlier]; provided, however, that the termination of the existence of the board shall not affect the power and authority of the dormitory authority to perform its obli- gations with respect to any bonds, notes, or other indebtedness issued or incurred pursuant to authority granted in this section. S 2. Paragraph (h) of subdivision 4 of section 1 of part U of chapter 57 of the laws of 2005, relating to the New York state higher education capital matching grant program for independent colleges, as amended by section 2 of part H of chapter 56 of the laws of 2014, is amended to read as follows: (h) In the event that any colleges do not apply for higher education capital matching grants by March 31, 2009, or in the event they apply for and are awarded, but do not use the full amount of such grants, the unused funds associated with such grants and any additional funds that become available shall thereafter be awarded to colleges on a compet- itive basis. The dormitory authority shall develop a request for proposals and application process, in consultation with the board, for higher education capital matching grants awarded pursuant to this para- graph, and shall develop criteria, subject to review by the board, for the awarding of such grants. Such criteria may include, but not be limited to the matching criteria contained in paragraph (c) of this subdivision, and application criteria set forth in paragraph (e) of this subdivision. [The dormitory authority shall require all applications in response to the request for proposals to be submitted by September 1, 2014, and the board shall act on each application for such matching grants by November 1, 2014.] S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of section 1 of part U of chapter 57 of the laws of 2005, relating to the New York state higher education capital matching grant program for inde- pendent colleges, as amended by section 3 of part H of chapter 56 of the laws of 2014, is amended to read as follows: (A) Notwithstanding the provision of any general or special law to the contrary, and subject to the provisions of chapter 59 of the laws of 2000 and to the making of annual appropriations therefor by the legisla- ture, in order to assist the dormitory authority in providing such high- er education capital matching grants, the director of the budget is authorized in any state fiscal year commencing April 1, 2005 or any state fiscal year thereafter [for a period ending on March 31, 2017], to enter into one or more service contracts, none of which shall exceed 30 years in duration, with the dormitory authority, upon such terms as the director of the budget and the dormitory authority agree. S 4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter 57 of the laws of 2005, relating to the New York state higher education capital matching grant program for independent colleges, as amended by section 4 of part H of chapter 56 of the laws of 2014, is amended to read as follows: (b) Any eligible institution receiving a grant pursuant to this arti- cle shall report to the dormitory authority [no later than June 1, 2018,] on the use of funding received and its programmatic and economic S. 2006--A 175 A. 3006--A impact NO LATER THAN TWELVE MONTHS AFTER THE COMPLETION OF THE PROJECT. The dormitory authority shall submit a report [no later than November 1, 2018] to the governor, the director of the budget, the temporary presi- dent of the senate, and the speaker of the assembly on the aggregate impact of the higher education [matching] capital MATCHING grant program NO LATER THAN EIGHTEEN MONTHS AFTER THE COMPLETION OF THE LAST PROJECT. Such report shall provide information on the progress and economic impact of such [project] PROJECTS. S 5. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2015. 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 R of this act shall be as specifically set forth in the last section of such Parts.
2015-S2006B (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3006
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2015-S2006B (ACTIVE) - Summary
Enacts into law major components of legislation necessary to implement the education, labor and family assistance budget for state fiscal year 2015 - 2016; relates to school aid (Part A); relates to creating the New York state get on your feet loan forgiveness program (Part C); relates to creating a standard financial aid award letter (Part F)
2015-S2006B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 2006--B A. 3006--B S E N A T E - A S S E M B L Y January 21, 2015 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to contracts for excel- lence, apportionment of school aid, total foundation aid and the gap elimination adjustment restoration, the teachers of tomorrow teacher recruitment and retention program and waivers from certain duties; to amend the state finance law, in relation to moneys appropriated from the commercial gaming revenue fund; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursements for the 2015-2016 school year; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to withholding a portion of employment preparation education aid and in relation to extending the effective- ness of such chapter; to amend chapter 169 of the laws of 1994 relat- ing to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; to amend chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government; to amend section 7 of chapter 472 of the laws of 1998 amending the education law relating to the lease of school buses by school districts; to amend chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees; to amend chapter 425 of the laws of 2002 amending the education law EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12572-03-5 S. 2006--B 2 A. 3006--B relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, in relation to the effectiveness thereof; to amend chapter 101 of the laws of 2003 amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to extending the expiration of certain provisions of such chapters; to amend part A of chapter 57 of the laws of 2013 relating to school district eligibility for an increase in apportionment of school aid and implementation of stand- ards for conducting annual professional performance reviews to deter- mine teacher and principal effectiveness, in relation to funds appro- priated in the 2014-15 school year; allocates school bus driver training grants to school districts and boards of cooperative educa- tion services; allows for eligible school districts to receive special apportionments for salary expenses; allows for eligible school districts to receive special apportionments for public pension accruals; allows any moneys appropriated to the state education department to be suballocated to other state departments or agencies and/or shall be made available for specific payment of aid; allows the city school district of the city of Rochester to purchase services as a non-component school district; to amend chapter 121 of the laws of 1996 relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to certain apportionments; specifies amounts of state funds set aside for each school district for the purpose of the development, maintenance or expansion of magnet schools or magnet school programs; prohibits moneys appropriated for the support of public libraries to be used for library construction; to amend the general municipal law, in relation to authorized withdrawals; and to repeal certain provisions of the education law relating thereto (Part A); intentionally omitted (Part B); to amend the education law, in relation to creating the New York state get on your feet loan forgiveness program (Part C); inten- tionally omitted (Part D); intentionally omitted (Part E); to amend the banking law, in relation to creating a standard financial aid award letter (Part F); intentionally omitted (Part G); intentionally omitted (Part H); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part I); to amend the education law, in relation to certain contracts with the office of children and fami- ly services; to amend the education law, in relation to the possession of a gun on school grounds by a student; to amend the executive law, in relation to persons in need of supervision or youthful offenders; to amend part K of chapter 57 of the laws of 2012, amending the educa- tion law, relating to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services, in relation to making such provisions permanent (Part J); to amend the social services law, in relation to state reimbursement and subsidies for the adoption of children (Part K); to amend the social services law, the surrogate's court procedure act, the family court act, the public health law and the executive law, in relation to implementing provisions required by the federal preventing sex trafficking and strengthening families act (Part L); to utilize reserves in the mortgage insurance fund for vari- ous housing purposes (Part M); intentionally omitted (Part N); to amend the labor law, in relation to authorized absences by healthcare professionals who volunteer to fight the Ebola virus disease overseas; S. 2006--B 3 A. 3006--B and providing for the repeal of such provisions upon expiration there- of (Part O); to amend the labor law, the workers' compensation law and chapter 784 of the laws of 1951, constituting the New York state defense emergency act, in relation to eliminating certain fees charged by the department of labor; and to repeal certain provisions of the labor law and the workers' compensation law relating thereto (Part P); to amend the education law, in relation to requiring experiential learning as a requirement for graduation (Part Q); to amend part U of chapter 57 of the laws of 2005 relating to the New York state higher education capital matching grant program for independent colleges, in relation to the New York state higher education matching grant program for independent colleges and the effectiveness thereof (Part R); to amend the labor law, in relation to the project notification fee imposed for asbestos removal (Part S); to amend chapter 141 of the laws of 1994, amending the legislative law and the state finance law relating to the operation and administration of the legislature, in relation to extending such provisions (Part T); to amend the state finance law, in relation to the creation of the SUNY DSRIP escrow fund (Part U); to amend the education law, in relation to the tuition assistance program for students with disabilities (Part V); to amend the education law, in relation to the investment of contributions to a family tuition account (Part W); to amend the education law, in relation to the allocation of funds from the foster youth college success initiative (Part X); to amend the education law, in relation to the offering of associate of occupational studies degrees by commu- nity colleges (Part Y); to amend the education law, in relation to establishing the New York state achievement and investment in merit scholarship (Part Z); to amend the labor law and the tax law, in relation to a program to provide tax incentives for employers employ- ing at risk youth (Part AA); to amend the environmental conservation law, the tax law and the general municipal law, in relation to eligi- bility for participation in the brownfield cleanup program, assignment of the brownfield redevelopment tax credits and brownfield opportunity areas; to amend part H of chapter 1 of the laws of 2003, amending the tax law relating to brownfield redevelopment tax credits, remediated brownfield credit for real property taxes for qualified sites and environmental remediation insurance credits, in relation to tax cred- its for certain sites; to amend the environmental conservation law, in relation to hazardous waste generator fees and taxes; to amend the environmental conservation law and the state finance law, in relation to the environmental restoration program; to amend the environmental conservation law, in relation to limitations on liability; to amend the public authorities law, in relation to certain environmental restoration projects; and to repeal certain provisions of the environ- mental conservation law and the tax law relating thereto (Part BB); to amend the public officers law, the legislative law, the election law and the retirement and social security law, in relation to reporting and disclosure; and to repeal subdivision 2 of section 5 of the legis- lative law relating to per diem and travel expenses (Part CC); to amend part A of chapter 399 of the laws of 2011, relating to estab- lishing the public integrity reform act of 2011, in relation to the joint commission on public ethics (Part DD); and to amend the educa- tion law, in relation to establishing the New York state masters-in-e- ducation teacher incentive scholarship program (Subpart A); to amend the education law, in relation to admission requirements for gradu- ate-level teacher education programs (Subpart B); to amend the educa- S. 2006--B 4 A. 3006--B tion law, in relation to institution deregistration and suspension, teacher registration and continuing teacher education requirements (Subpart C); to amend the education law, in relation to the appoint- ment of teachers, principals, administrators, supervisors and all other members of the teaching and supervising staff of school districts (Subpart D); to amend the education law, in relation to annual performance reviews of classroom teachers and building princi- pals (Subpart E); relating to testing reduction reports (Subpart F); to amend the education law, in relation to disciplinary procedures for ineffective teaching or performance by building principal or teacher and to streamlined removal procedures for teachers rated ineffective (Subpart G); and to amend the education law, in relation to takeover and restructuring failing schools (Subpart H) (Part EE) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2015-2016 state fiscal year. Each component is wholly contained within a Part identified as Parts A through EE. 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 2014, is amended to read as follows: e. Notwithstanding paragraphs a and b of this subdivision, a school district that submitted a contract for excellence for the two thousand eight--two thousand nine school year shall submit a contract for excel- lence for the two thousand nine--two thousand ten school year in conformity with the requirements of subparagraph (vi) of paragraph a of subdivision two of this section unless all schools in the district are identified as in good standing and provided further that, a school district that submitted a contract for excellence for the two thousand nine--two thousand ten school year, unless all schools in the district are identified as in good standing, shall submit a contract for excel- lence for the two thousand eleven--two thousand twelve school year which shall, notwithstanding the requirements of subparagraph (vi) of para- graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the product of the amount approved by the commissioner in the contract for excellence for the two thousand nine--two thousand ten school year, multiplied by the district's gap elimination adjustment percentage and provided further that, a school district that submitted a contract for excellence for the two thousand eleven--two thousand twelve school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twelve--two thousand thir- S. 2006--B 5 A. 3006--B 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. For purposes of this paragraph, the "gap elimination adjustment percentage" shall be calculated as the sum of one minus the quotient of the sum of the school district's net gap elimination adjustment for two thousand ten--two thousand eleven computed pursuant to chapter fifty-three of the laws of two thousand ten, making appropriations for the support of government, plus the school district's gap elimination adjustment for two thousand eleven--two thousand twelve as computed pursuant to chapter fifty-three of the laws of two thousand eleven, making appropriations for the support of the local assistance budget, including support for general support for public schools, divided by the total aid for adjustment computed pursuant to chapter fifty-three of the laws of two thousand eleven, making appropriations for the local assistance budget, including support for general support for public schools. Provided, further, that such amount shall be expended to support and maintain allowable programs and activities approved in the two thousand nine--two thousand ten school year or to support new or expanded allowable programs and activ- ities in the current year. S 1-a. Paragraph d of subdivision 2 of section 2-d of the education law is REPEALED. S 2. The closing paragraph of subdivision 5-a of section 3602 of the education law, as amended by section 8 of part A of chapter 57 of the laws of 2013, is amended to read as follows: S. 2006--B 6 A. 3006--B For the two thousand eight--two thousand nine school year, each school district shall be entitled to an apportionment equal to the product of fifteen percent and the additional apportionment computed pursuant to this subdivision for the two thousand seven--two thousand eight school year. For the two thousand nine--two thousand ten through two thousand [fourteen] FIFTEEN--two thousand [fifteen] SIXTEEN school years, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910". S 3. Subdivision 12 of section 3602 of the education law, as amended by section 10 of part A of chapter 57 of the laws of 2013, is amended to read as follows: 12. Academic enhancement aid. A school district that as of April first of the base year has been continuously identified as a district in need of improvement for at least five years shall, for the two thousand eight--two thousand nine school year, be entitled to an additional apportionment equal to the positive remainder, if any, of (a) the lesser of fifteen million dollars or the product of the total foundation aid base, as defined by paragraph j of subdivision one of this section, multiplied by ten percent (0.10), less (b) the positive remainder of (i) the sum of the total foundation aid apportioned pursuant to subdivision four of this section and the supplemental educational improvement grants apportioned pursuant to subdivision eight of section thirty-six hundred forty-one of this article, less (ii) the total foundation aid base. For the two thousand nine--two thousand ten through two thousand four- teen--two thousand fifteen school years, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910", and such apportionment shall be deemed to satisfy the state obligation to provide an apportion- ment pursuant to subdivision eight of section thirty-six hundred forty- one of this article. FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN YEAR, EACH SCHOOL DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT EQUAL TO THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "ACADEMIC ENHANCEMENT" UNDER THE HEAD- ING "2014-15 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE TWO THOUSAND FOUR- TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND ENTITLED "SA141-5", AND SUCH APPORTIONMENT SHALL BE DEEMED TO SATISFY THE STATE OBLIGATION TO PROVIDE AN APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE. S 4. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 11 of part A of chapter 57 of the laws of 2013, is amended to read as follows: Each school district shall be eligible to receive a high tax aid apportionment in the two thousand eight--two thousand nine school year, which shall equal the greater of (i) the sum of the tier 1 high tax aid apportionment, the tier 2 high tax aid apportionment and the tier 3 high tax aid apportionment or (ii) the product of the apportionment received by the school district pursuant to this subdivision in the two thousand seven--two thousand eight school year, multiplied by the due-minimum S. 2006--B 7 A. 3006--B factor, which shall equal, for districts with an alternate pupil wealth ratio computed pursuant to paragraph b of subdivision three of this section that is less than two, seventy percent (0.70), and for all other districts, fifty percent (0.50). Each school district shall be eligible to receive a high tax aid apportionment in the two thousand nine--two thousand ten through two thousand twelve--two thousand thirteen school years in the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910". Each school district shall be eligible to receive a high tax aid appor- tionment in the two thousand thirteen--two thousand fourteen [school year and the two thousand fourteen--two thousand fifteen] THROUGH TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school [year] YEARS equal to the greater of (1) the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910" or (2) the amount set forth for such school district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the execu- tive budget for the 2013-14 fiscal year and entitled "BT131-4". S 5. The opening paragraph of subdivision 10 of section 3602-e of the education law, as amended by section 21 of part A of chapter 56 of the laws of 2014, is amended to read as follows: Notwithstanding any provision of law to the contrary, for aid payable in the two thousand eight--two thousand nine school year, the grant to each eligible school district for universal prekindergarten aid shall be computed pursuant to this subdivision, and for the two thousand nine-- two thousand ten and two thousand ten--two thousand eleven school years, each school district shall be eligible for a maximum grant equal to the amount computed for such school district for the base year in the elec- tronic data file produced by the commissioner in support of the two thousand nine--two thousand ten education, labor and family assistance budget, provided, however, that in the case of a district implementing programs for the first time or implementing expansion programs in the two thousand eight--two thousand nine school year where such programs operate for a minimum of ninety days in any one school year as provided in section 151-1.4 of the regulations of the commissioner, for the two thousand nine--two thousand ten and two thousand ten--two thousand elev- en school years, such school district shall be eligible for a maximum grant equal to the amount computed pursuant to paragraph a of subdivi- sion nine of this section in the two thousand eight--two thousand nine school year, and for the two thousand eleven--two thousand twelve school year each school district shall be eligible for a maximum grant equal to the amount set forth for such school district as "UNIVERSAL PREKINDER- GARTEN" under the heading "2011-12 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the enacted budget for the 2011-12 school year and entitled "SA111-2", and for two thousand twelve--two thousand thirteen[, two thousand thirteen--two thousand fourteen and two thousand fourteen--two thousand fifteen] THROUGH TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school years each school district shall be eligible for a maximum grant equal to the greater of (i) the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in S. 2006--B 8 A. 3006--B support of the enacted budget for the 2011-12 school year and entitled "SA111-2", or (ii) the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner on May fifteenth, two thousand eleven pursuant to paragraph b of subdivision twenty-one of section three hundred five of this chapter, and provided further that the maximum grant shall not exceed the total actual grant expenditures incurred by the school district in the current school year as approved by the commissioner. S 5-a. Subdivision 4 of section 3602 of the education law, as amended by section 3 of part A of chapter 56 of the laws of 2014, is amended to read as follows: 4. Total foundation aid. In addition to any other apportionment pursu- ant to this chapter, a school district, other than a special act school district as defined in subdivision eight of section four thousand one of this chapter, shall be eligible for total foundation aid equal to the product of total aidable foundation pupil units multiplied by the district's selected foundation aid, which shall be the greater of five hundred dollars ($500) or foundation formula aid, provided, however that for the two thousand seven--two thousand eight through two thousand eight--two thousand nine school years, no school district shall receive total foundation aid in excess of the sum of the total foundation aid base for aid payable in the two thousand seven--two thousand eight school year computed pursuant to subparagraph (i) of paragraph j of subdivision one of this section, plus the phase-in foundation increase computed pursuant to paragraph b of this subdivision, and provided further that for the two thousand twelve--two thousand thirteen school year, no school district shall receive total foundation aid in excess of the sum of the total foundation aid base for aid payable in the two thousand eleven--two thousand twelve school year computed pursuant to paragraph j of subdivision one of this section, plus the phase-in foun- dation increase computed pursuant to paragraph b of this subdivision, and provided further that for the two thousand thirteen--two thousand fourteen school year and thereafter, no school district shall receive total foundation aid in excess of the sum of the total foundation aid base computed pursuant to paragraph j of subdivision one of this section, plus the phase-in foundation increase computed pursuant to paragraph b of this subdivision and provided further that total founda- tion aid shall not be less than the product of the total foundation aid base computed pursuant to paragraph j of subdivision one of this section and the due-minimum percent which shall be, for the two thousand twelve- -two thousand thirteen school year, one hundred and six-tenths percent (1.006) and for the two thousand thirteen--two thousand fourteen school year for city school districts of those cities having populations in excess of one hundred twenty-five thousand and less than one million inhabitants one hundred and one and one hundred and seventy-six thou- sandths percent (1.01176), and for all other districts one hundred and three-tenths percent (1.003), and for the two thousand fourteen--two thousand fifteen school year one hundred and eighty-five hundredths percent (1.0085), AND FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR, ONE HUNDRED THIRTY-SEVEN HUNDREDTHS PERCENT (1.0037), subject to allocation pursuant to the provisions of subdivision eighteen of this section and any provisions of a chapter of the laws of New York as described therein, nor more than the product of such total foundation aid base and one hundred fifteen percent, and provided further that for the two thousand nine--two thousand ten through two thousand eleven--two S. 2006--B 9 A. 3006--B thousand twelve school years, each school district shall receive total foundation aid in an amount equal to the amount apportioned to such school district for the two thousand eight--two thousand nine school year pursuant to this subdivision. Total aidable foundation pupil units shall be calculated pursuant to paragraph g of subdivision two of this section. For the purposes of calculating aid pursuant to this subdivi- sion, aid for the city school district of the city of New York shall be calculated on a citywide basis. a. Foundation formula aid. Foundation formula aid shall equal the remainder when the expected minimum local contribution is subtracted from the product of the foundation amount, the regional cost index, and the pupil need index, or: (foundation amount x regional cost index x pupil need index)- expected minimum local contribution. (1) The foundation amount shall reflect the average per pupil cost of general education instruction in successful school districts, as deter- mined by a statistical analysis of the costs of special education and general education in successful school districts, provided that the foundation amount shall be adjusted annually to reflect the percentage increase in the consumer price index as computed pursuant to section two thousand twenty-two of this chapter, provided that for the two thousand eight--two thousand nine school year, for the purpose of such adjust- ment, the percentage increase in the consumer price index shall be deemed to be two and nine-tenths percent (0.029), and provided further that the foundation amount for the two thousand seven--two thousand eight school year shall be five thousand two hundred fifty-eight dollars, and provided further that for the two thousand seven--two thou- sand eight through two thousand fifteen--two thousand sixteen school years, the foundation amount shall be further adjusted by the phase-in foundation percent established pursuant to paragraph b of this subdivi- sion. (2) The regional cost index shall reflect an analysis of labor market costs based on median salaries in professional occupations that require similar credentials to those of positions in the education field, but not including those occupations in the education field, provided that the regional cost indices for the two thousand seven--two thousand eight school year and thereafter shall be as follows: 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 S. 2006--B 10 A. 3006--B 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. (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 S. 2006--B 11 A. 3006--B 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 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 and thereafter the commis- sioner 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. b-1. Notwithstanding any other provision of law to the contrary, for the two thousand seven--two thousand eight school year and thereafter, the additional amount payable to each school district pursuant to this subdivision in the current year as total foundation aid, after deducting the total foundation aid base, shall be deemed a state grant in aid identified by the commissioner for general use for purposes of section seventeen hundred eighteen of this chapter. c. Public excess cost aid setaside. Each school district shall set aside from its total foundation aid computed for the current year pursu- ant to this subdivision an amount equal to the product of: (i) the difference between the amount the school district was eligible to receive in the two thousand six--two thousand seven school year pursuant to or in lieu of paragraph six of subdivision nineteen of this section S. 2006--B 12 A. 3006--B as such paragraph existed on June thirtieth, two thousand seven, minus the amount such district was eligible to receive pursuant to or in lieu of paragraph five of subdivision nineteen of this section as such para- graph existed on June thirtieth, two thousand seven, in such school year, and (ii) the sum of one and the percentage increase in the consum- er price index for the current year over such consumer price index for the two thousand six--two thousand seven school year, as computed pursu- ant to section two thousand twenty-two of this chapter. Notwithstanding any other provision of law to the contrary, the public excess cost aid setaside shall be paid pursuant to section thirty-six hundred nine-b of this part. d. For the two thousand fourteen--two thousand fifteen AND TWO THOU- SAND FIFTEEN--TWO THOUSAND SIXTEEN school [year] 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 5-b. Paragraph g of subdivision 17 of section 3602 of the education law, as added by section 2 of part A of chapter 56 of the laws of 2014, is amended and a new paragraph h is added to read as follows: [(g)] G. The gap elimination adjustment restoration amount for the two thousand fifteen--two thousand sixteen school year [and thereafter shall equal the product of the gap elimination percentage for such district and the gap elimination adjustment restoration allocation established pursuant to subdivision eighteen of this section.] FOR A SCHOOL DISTRICT SHALL BE COMPUTED BASED ON DATA ON FILE WITH THE COMMISSIONER AND IN THE DATABASE USED BY THE COMMISSIONER TO PRODUCE AN UPDATED ELECTRONIC DATA FILE IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN STATE FISCAL YEAR AND ENTITLED "SA151-6" AND SHALL EQUAL THE SUM OF TIERS ONE THROUGH FOUR PLUS THE SUM OF MINIMUMS A, B, AND C. (I) "TIER ONE" SHALL EQUAL THE PRODUCT OF THIRTY DOLLARS ($30.00) MULTIPLIED BY THE EXTRAORDINARY NEEDS COUNT COMPUTED PURSUANT TO PARA- GRAPH S OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE CONCEN- TRATION FACTOR, WHERE THE CONCENTRATION FACTOR SHALL BE THE SUM OF ONE PLUS THE QUOTIENT ARRIVED AT WHEN DIVIDING (1) THE DIFFERENCE OF THE EXTRAORDINARY NEEDS PERCENT COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVI- SION ONE OF THIS SECTION LESS FOUR-TENTHS (0.4) DIVIDED BY (2) NINE HUNDRED TWO THOUSANDTHS (0.902), PROVIDED, HOWEVER, THAT SUCH CONCEN- TRATION FACTOR SHALL NOT BE LESS THAN ONE. (II) "TIER TWO" SHALL BE THE PRODUCT, FOR DISTRICTS WITH A CHANGE IN ENROLLMENT OF GREATER THAN TWO PERCENT, OF SIX HUNDRED DOLLARS ($600.00), AND FOR ALL OTHER DISTRICTS WITH A CHANGE IN ENROLLMENT GREATER THAN ZERO BUT LESS THAN TWO PERCENT, FIVE HUNDRED DOLLARS ($500.00) MULTIPLIED BY THE CHANGE IN ENROLLMENT, WHERE THE CHANGE IN ENROLLMENT SHALL BE THE POSITIVE DIFFERENCE, IF ANY, OF THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION FOR THE BASE YEAR LESS PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR. (III) "TIER THREE" SHALL BE THE PRODUCT OF TWENTY-TWO DOLLARS AND FIFTY CENTS ($22.50) MULTIPLIED BY THE FREE AND REDUCED PRICE LUNCH PERCENT COMPUTED PURSUANT TO PARAGRAPH P OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION FOR THE BASE YEAR. S. 2006--B 13 A. 3006--B (IV) "TIER FOUR" SHALL BE THE PRODUCT OF THREE HUNDRED DOLLARS ($300.00) MULTIPLIED BY THE LIMITED ENGLISH PROFICIENT COUNT COMPUTED PURSUANT TO PARAGRAPH O OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE EXTRAORDINARY NEEDS PERCENT COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE SUM OF ONE AND THE LEP GROWTH PERCENT, WHERE THE LEP GROWTH PERCENT SHALL BE THE QUOTIENT ARRIVED AT BY DIVIDING THE POSITIVE DIFFERENCE, IF ANY, OF THE LIMITED ENGLISH PROFICIENT COUNT FOR THE BASE YEAR LESS SUCH COUNT FOR THE YEAR PRIOR TO THE BASE YEAR DIVIDED BY SUCH COUNT FOR THE YEAR PRIOR TO THE BASE YEAR. (V) "MINIMUM A" SHALL BE THE MINIMUM A PERCENT MULTIPLIED BY THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR, WHERE THE MINIMUM A PERCENT SHALL BE THE GREATER OF (1) FOR A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE TWENTY-NINE AND FORTY-FIVE HUNDREDTHS PERCENT (0.2945), OR (2) FOR A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND OR MORE BUT LESS THAN ONE MILLION AND A COMBINED WEALTH RATIO OF LESS THAN FIVE-TENTHS (0.5) EIGHTY PERCENT (0.80), OR (3) FOR ALL OTHER DISTRICTS WITH A COMBINED WEALTH RATIO LESS THAN ONE AND EIGHT-TENTHS (1.8) THIRTY-FIVE AND SIX-TENTHS PERCENT (0.356), OR (4) FOR ALL OTHER DISTRICTS THIRTY PERCENT (0.30). (VI) "MINIMUM B" SHALL BE FOR DISTRICTS DESIGNATED AS 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" AND WITH A COMBINED WEALTH RATIO OF LESS THAN SEVENTY-EIGHT HUNDREDTHS (0.78), TWENTY-SIX AND FIFTEEN HUNDREDTHS PERCENT (0.2615) MULTIPLIED BY THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR. (VII) "MINIMUM C" SHALL BE FOR DISTRICTS 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", OTHER THAN THOSE CITY SCHOOL DISTRICTS OF A CITY HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND OR MORE, FORTY-THREE PERCENT (0.43) MULTIPLIED BY THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR. (VIII) PROVIDED HOWEVER, THAT NO GEA RESTORATION SHALL BE MORE THAN THE PRODUCT OF NINETY-EIGHT PERCENT (0.98) MULTIPLIED BY THE GAP ELIMI- NATION ADJUSTMENT FOR THE BASE YEAR. H. THE GAP ELIMINATION ADJUSTMENT RESTORATION AMOUNT FOR THE TWO THOU- SAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND THEREAFTER SHALL EQUAL THE PRODUCT OF THE GAP ELIMINATION PERCENTAGE FOR SUCH DISTRICT AND THE GAP ELIMINATION ADJUSTMENT RESTORATION ALLOCATION ESTABLISHED PURSUANT TO SUBDIVISION EIGHTEEN OF THIS SECTION. S 6. The opening paragraph of section 3609-a of the education law, as amended by section 4 of part A of chapter 56 of the laws of 2014, is amended to read as follows: For aid payable in the two thousand seven--two thousand eight school year through the [two thousand thirteen--two thousand fourteen] TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school year, "moneys apportioned" shall mean the lesser of (i) the sum of one hundred percent of the respective amount set forth for each school district as payable pursuant to this section in the school aid computer listing for the current year produced by the commissioner in support of the budget which includes the appropriation for the general support for public schools for the S. 2006--B 14 A. 3006--B prescribed payments and individualized payments due prior to April first for the current year plus the apportionment payable during the current school year pursuant to subdivision six-a and subdivision fifteen of section thirty-six hundred two of this part minus any reductions to current year aids pursuant to subdivision seven of section thirty-six hundred four of this part or any deduction from apportionment payable pursuant to this chapter for collection of a school district basic contribution as defined in subdivision eight of section forty-four hundred one of this chapter, less any grants provided pursuant to subparagraph two-a of paragraph b of subdivision four of section nine- ty-two-c of the state finance law, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW, less any grants provided pursuant to subdivision twelve of section thir- ty-six hundred forty-one of this article, or (ii) the apportionment calculated by the commissioner based on data on file at the time the payment is processed; provided however, that for the purposes of any payments made pursuant to this section prior to the first business day of June of the current year, moneys apportioned shall not include any aids payable pursuant to subdivisions six and fourteen, if applicable, of section thirty-six hundred two of this part as current year aid for debt service on bond anticipation notes and/or bonds first issued in the current year or any aids payable for full-day kindergarten for the current year pursuant to subdivision nine of section thirty-six hundred two of this part. The definitions of "base year" and "current year" as set forth in subdivision one of section thirty-six hundred two of this part shall apply to this section. For aid payable in the two thousand fourteen--two thousand fifteen 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". S 7. The education law is amended by adding a new section 3609-h to read as follows: S 3609-H. MONEYS APPORTIONED TO SCHOOL DISTRICTS FOR COMMERCIAL GAMING GRANTS PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW, WHEN AND HOW PAYABLE COMMENCING JULY FIRST, TWO THOU- SAND FOURTEEN. NOTWITHSTANDING THE PROVISIONS OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS PART, APPORTIONMENTS PAYABLE PURSUANT TO SUBDIVI- SION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW SHALL BE PAID PURSUANT TO THIS SECTION. THE DEFINITIONS OF "BASE YEAR" AND "CURRENT YEAR" AS SET FORTH IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART SHALL APPLY TO THIS SECTION. 1. THE MONEYS APPORTIONED BY THE COMMISSIONER TO SCHOOL DISTRICTS PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW FOR THE TWO THOUSAND FOURTEEN-TWO THOUSAND FIFTEEN SCHOOL YEAR AND THEREAFTER SHALL BE PAID AS A COMMERCIAL GAMING GRANT, AS COMPUTED PURSUANT TO SUCH SUBDIVISION, AS FOLLOWS: A. FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, ONE HUNDRED PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME DATE AS THE PAYMENT COMPUTED PURSUANT TO CLAUSE (V) OF SUBPARAGRAPH THREE OF PARA- GRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS ARTICLE. B. FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER, SEVENTY PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME DATE AS THE PAYMENT COMPUTED PURSUANT TO CLAUSE (II) OF SUBPARAGRAPH THREE OF S. 2006--B 15 A. 3006--B PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS ARTICLE, AND THIRTY PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME DATE AS THE PAYMENT COMPUTED PURSUANT TO CLAUSE (V) OF SUBPARAGRAPH THREE OF PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS ARTICLE. 2. ANY PAYMENT TO A SCHOOL DISTRICT PURSUANT TO THIS SECTION SHALL BE GENERAL RECEIPTS OF THE DISTRICT AND MAY BE USED FOR ANY LAWFUL PURPOSE OF THE DISTRICT. S 7-a. Clause (c) of subparagraph 5 of paragraph e of subdivision 6 of section 3602 of the education law, as amended by section 4-a of part A of chapter 56 of the laws of 2014, is amended to read as follows: (c) At the end of each ten year segment of an assumed amortization established pursuant to subparagraphs two, three and four of this para- graph, or in the [two thousand fifteen -- two thousand sixteen] TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN school year in the case of assumed amortizations whose ten year segment ends prior to such school year, the commissioner shall revise the remaining scheduled semiannual payments of the outstanding principal and interest of such assumed amor- tization, other than the outstanding principal and interest of refunding bonds where the district can demonstrate to the commissioner that it is precluded by state or federal law, rule or regulation from refinancing such outstanding principal and interest, based on the interest rates applicable for the current year if the difference of the interest rate upon which the existing assumed amortization is based minus such inter- est rate applicable for the current year is equal to or greater than one quarter of one-one hundredth. Provided however, in the case of assumed amortization whose ten year segment ended prior to the [two thousand fifteen -- two thousand sixteen] TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN school year the next ten year segment shall be deemed to commence with the [two thousand fifteen -- two thousand sixteen] TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN 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 7-b. Subdivision 4 of section 3627 of the education law, as amended by section 7 of part A of chapter 56 of the laws of 2014, is amended to read as follows: 4. Notwithstanding any other provision of law to the contrary, any expenditures for transportation provided pursuant to this section in the two thousand thirteen--two thousand fourteen and two thousand fourteen- -two thousand fifteen school year and thereafter and otherwise eligible for transportation aid pursuant to subdivision seven of section thirty- six hundred two of this article shall be considered approved transporta- tion expenses eligible for transportation aid, provided further that FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN AND TWO THOUSAND FOUR- TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR such aid shall be limited to eight million one hundred thousand dollars AND FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER SUCH AID SHALL BE LIMITED TO TWELVE MILLION SIX HUNDRED THOUSAND DOLLARS. 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. S 8. Paragraph b of subdivision 2 of section 3612 of the education law, as amended by section 5 of part A of chapter 56 of the laws of 2014, is amended to read as follows: S. 2006--B 16 A. 3006--B b. Such grants shall be awarded to school districts, within the limits of funds appropriated therefor, through a competitive process that takes into consideration the magnitude of any shortage of teachers in the school district, the number of teachers employed in the school district who hold temporary licenses to teach in the public schools of the state, the number of provisionally certified teachers, the fiscal capacity and geographic sparsity of the district, the number of new teachers the school district intends to hire in the coming school year and the number of summer in the city student internships proposed by an eligible school district, if applicable. Grants provided pursuant to this section shall be used only for the purposes enumerated in this section. Notwithstand- ing any other provision of law to the contrary, a city school district in a city having a population of one million or more inhabitants receiv- ing a grant pursuant to this section may use no more than eighty percent of such grant funds for any recruitment, retention and certification costs associated with transitional certification of teacher candidates for the school years two thousand one--two thousand two through [two thousand fourteen--two thousand fifteen] TWO THOUSAND FIFTEEN--TWO THOU- SAND SIXTEEN. S 9. Subdivision 6 of section 4402 of the education law, as amended by section 9 of part A of chapter 56 of the laws of 2014, is amended to read as follows: 6. Notwithstanding any other law, rule or regulation to the contrary, the board of education of a city school district with a population of one hundred twenty-five thousand or more inhabitants shall be permitted to establish maximum class sizes for special classes for certain students with disabilities in accordance with the provisions of this subdivision. For the purpose of obtaining relief from any adverse fiscal impact from under-utilization of special education resources due to low student attendance in special education classes at the middle and secondary level as determined by the commissioner, such boards of educa- tion shall, during the school years nineteen hundred ninety-five--nine- ty-six through June thirtieth, two thousand [fifteen] SIXTEEN of the [two thousand fourteen--two thousand fifteen] TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school year, be authorized to increase class sizes in special classes containing students with disabilities whose age ranges are equivalent to those of students in middle and secondary schools as defined by the commissioner for purposes of this section by up to but not to exceed one and two tenths times the applicable maximum class size specified in regulations of the commissioner rounded up to the nearest whole number, provided that in a city school district having a 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 S. 2006--B 17 A. 3006--B 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 10. Intentionally omitted. S 11. Subparagraph (i) of paragraph a of subdivision 10 of section 4410 of the education law is amended by adding a new clause (C) to read as follows: (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, ON OR BEFORE THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVEN- TEEN SCHOOL YEAR AND THEREAFTER, TO BE PHASED-IN OVER NO MORE THAN FOUR YEARS FROM SUCH STARTING YEAR, THE COMMISSIONER, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, SHALL ESTABLISH REGIONAL TUITION RATES FOR SPECIAL EDUCATION ITINERANT SERVICES BASED ON AVERAGE ACTUAL COSTS IN ACCORDANCE WITH A METHODOLOGY ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. S 12. Section 97-nnnn of the state finance law is amended by adding a new subdivision 6 to read as follows: 6. A. MONEYS APPROPRIATED FROM THE FUND FOR THE TWO THOUSAND FOUR- TEEN--TWO THOUSAND FIFTEEN AND TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEARS, FOR THE PURPOSES OF PROVIDING AID PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION SHALL BE APPORTIONED AND PAID BY THE EDUCATION DEPARTMENT ON OR AFTER APRIL FIRST, TWO THOU- SAND FIFTEEN. B. EACH SCHOOL DISTRICT ELIGIBLE TO RECEIVE TOTAL FOUNDATION AID PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW SHALL RECEIVE A COMMERCIAL GAMING GRANT IN AN AMOUNT EQUAL TO THE PRODUCT OF THE AMOUNT OF THE APPROPRIATION OF SUCH COMMERCIAL GAMING GRANTS FOR THE CURRENT STATE FISCAL YEAR MULTIPLIED BY THE DISTRICT'S COMMERCIAL GAMING RATIO. THE "COMMERCIAL GAMING RATIO" SHALL BE EQUAL TO THE QUOTIENT OF THE MONEYS APPORTIONED FOR SUCH DISTRICT PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-A OF THE EDUCATION LAW AS SET FORTH IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED STATE BUDGET FOR THE CURRENT SCHOOL YEAR, DIVIDED BY THE SUM OF SUCH MONEYS APPORTIONED FOR ALL SCHOOL DISTRICTS AS SET FORTH IN SUCH SCHOOL AID COMPUTER LISTING IN SUPPORT OF THE ENACTED STATE BUDGET FOR THE CURRENT SCHOOL YEAR. MONEYS TO BE APPROPRIATED FROM THE FUND IN ANY STATE FISCAL YEAR, COMMENCING ON AND AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, FOR THE PURPOSES OF PROVIDING AID PURSUANT TO THIS SUBPARAGRAPH SHALL BE APPOR- TIONED AND PAID BY THE EDUCATION DEPARTMENT PURSUANT TO SECTION THIRTY- SIX HUNDRED NINE-H OF THE EDUCATION LAW. S 13. Subdivision b of section 2 of chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, as amended by section 12 of part A of chapter 56 of the laws of 2014, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section [for the 2011--2012 school year shall not exceed 62.9 percent of the lesser of such approvable costs per contact hour or twelve dollars and fifteen cents per contact hour, reimbursement] for the 2012--2013 school year shall not exceed 63.3 percent of the lesser of such approvable costs per contact hour or twelve dollars and thirty- five cents per contact hour, reimbursement for the 2013--2014 school year shall not exceed 62.3 percent of the lesser of such approvable S. 2006--B 18 A. 3006--B costs per contact hour or twelve dollars and sixty-five cents per contact hour, [and] reimbursement for the 2014--2015 school year shall not exceed 61.6 percent of the lesser of such approvable costs per contact hour or [eight] THIRTEEN dollars per contact hour, AND REIMBURSEMENT FOR THE 2015--2016 SCHOOL YEAR SHALL NOT EXCEED 60.7 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR THIR- TEEN DOLLARS AND FORTY CENTS PER CONTACT HOUR where a contact hour represents sixty minutes of instruction services provided to an eligible adult. Notwithstanding any other provision of law to the contrary, [for the 2011--2012 school year such contact hours shall not exceed one million seven hundred one thousand five hundred seventy (1,701,570) hours; whereas] for the 2012--2013 school year such contact hours shall not exceed one million six hundred sixty-four thousand five hundred thirty-two (1,664,532) hours; whereas for the 2013--2014 school year such contact hours shall not exceed one million six hundred forty-nine thousand seven hundred forty-six (1,649,746) hours; whereas for the 2014--2015 school year such contact hours shall not exceed one million six hundred twenty-five thousand (1,625,000) hours; WHEREAS FOR THE 2015--2016 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION FIVE HUNDRED NINETY-NINE THOUSAND FIFTEEN (1,599,015). 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 subdi- vision 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 14. Section 4 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, is amended by adding a new subdivi- sion t to read as follows: T. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2015--2016 SCHOOL YEAR. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED TO THE ELEMENTARY AND SECONDARY EDUCATION FUND LOCAL ASSISTANCE ACCOUNT AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000). S 15. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 14 of part A of chapter 56 of the laws of 2014, is amended to read as follows: S 6. This act shall take effect July 1, 1992, and shall be deemed repealed on June 30, [2015] 2016. S 15-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa- tion law, as amended by section 14-a of part A of chapter 56 of the laws of 2014, is amended to read as follows: a-1. Notwithstanding the provisions of paragraph a of this subdivi- sion, for aid payable in the school years two thousand--two thousand one through two thousand nine--two thousand ten, and two thousand eleven-- two thousand twelve through [two thousand fourteen--two thousand fifteen] TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, the commissioner may set aside an amount not to exceed two million five hundred thousand dollars from the funds appropriated for purposes of this subdivision for the purpose of serving persons twenty-one years of age or older who have S. 2006--B 19 A. 3006--B not been enrolled in any school for the preceding school year, including persons who have received a high school diploma or high school equiv- alency diploma but fail to demonstrate basic educational competencies as defined in regulation by the commissioner, when measured by accepted standardized tests, and who shall be eligible to attend employment prep- aration education programs operated pursuant to this subdivision. S 16. Subdivision 1 of section 167 of chapter 169 of the laws of 1994, relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, as amended by section 15 of part A of chapter 56 of the laws of 2014, is amended to read as follows: 1. Sections one through seventy of this act shall be deemed to have been in full force and effect as of April 1, 1994 provided, however, that sections one, two, twenty-four, twenty-five and twenty-seven through seventy of this act shall expire and be deemed repealed on March 31, 2000; provided, however, that section twenty of this act shall apply only to hearings commenced prior to September 1, 1994, and provided further that section twenty-six of this act shall expire and be deemed repealed on March 31, 1997; and provided further that sections four through fourteen, sixteen, and eighteen, nineteen and twenty-one through twenty-one-a of this act shall expire and be deemed repealed on March 31, 1997; and provided further that sections three, fifteen, seventeen, twenty, twenty-two and twenty-three of this act shall expire and be deemed repealed on March 31, [2016] 2017. S 17. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, as amended by section 16 of part A of chapter 56 of the laws of 2014, are amended to read as follows: (22) sections one hundred twelve, one hundred thirteen, one hundred fourteen, one hundred fifteen and one hundred sixteen of this act shall take effect on July 1, 1995; provided, however, that section one hundred thirteen of this act shall remain in full force and effect until July 1, [2015] 2016 at which time it shall be deemed repealed; (24) sections one hundred eighteen through one hundred thirty of this act shall be deemed to have been in full force and effect on and after July 1, 1995; provided further, however, that the amendments made pursu- ant to section one hundred twenty-four of this act shall be deemed to be repealed on and after July 1, [2015] 2016; S 18. Section 7 of chapter 472 of the laws of 1998, amending the education law relating to the lease of school buses by school districts, as amended by section 26 of part A of chapter 57 of the laws of 2013, is amended to read as follows: S 7. This act shall take effect September 1, 1998, and shall expire and be deemed repealed September 1, [2015] 2017. S 19. Section 12 of chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, as amended by section 18 of part A of chapter 56 of the laws of 2014, is amended to read as follows: S 12. This act shall take effect on the same date as chapter 180 of the laws of 2000 takes effect, and shall expire July 1, [2015] 2016 when upon such date the provisions of this act shall be deemed repealed. S 20. Section 4 of chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, as S. 2006--B 20 A. 3006--B amended by section 19 of part A of chapter 56 of the laws of 2014, is amended to read as follows: S 4. This act shall take effect July 1, 2002 and shall expire and be deemed repealed June 30, [2015] 2016. S 21. Section 5 of chapter 101 of the laws of 2003, amending the education law relating to implementation of the No Child Left Behind Act of 2001, as amended by section 20 of part A of chapter 56 of the laws of 2014, is amended to read as follows: S 5. This act shall take effect immediately; provided that sections one, two and three of this act shall expire and be deemed repealed on June 30, [2015] 2016. S 21-a. Subdivision 2 of section 1 of part A of chapter 57 of the laws of 2013 relating to school district eligibility for an increase in apportionment of school aid and implementation of standards for conduct- ing annual professional performance reviews to determine teacher and principal effectiveness, is amended to read as follows: 2. 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 2013-14 school year and [thereafter] 2014-15 SCHOOL YEAR in excess of the amount apportioned to such school district in the base year unless such school district has submitted documentation that has been approved by the commissioner of education by September 1 of the current year, demonstrating that it has fully implemented the standards and procedures for conducting annual professional performance reviews of classroom teachers and building principals in accordance with the requirements of section 3012-c of the education law and the commissioner of education's regulations. Any apportionment withheld pursuant to this section shall not occur prior to April 1 of the current year and shall not have any effect on the base year calculation for use in the subsequent school year. S 22. School bus driver training. In addition to apportionments other- wise provided by section 3602 of the education law, for aid payable in the 2015-2016 school year, the commissioner of education shall allocate school bus driver training grants to school districts and boards of cooperative educational services pursuant to sections 3650-a, 3650-b and 3650-c of the education law, or for contracts directly with not-for-pro- fit educational organizations for the purposes of this section. Such payments shall not exceed four hundred thousand dollars ($400,000) per school year. S 23. Special apportionment for salary expenses. a. Notwithstanding any other provision of law, upon application to the commissioner of education, not sooner than the first day of the second full business week of June 2016 and not later than the last day of the third full business week of June 2016, a school district eligible for an apportion- ment pursuant to section 3602 of the education law shall be eligible to receive an apportionment pursuant to this section, for the school year ending June 30, 2016, for salary expenses incurred between April 1 and June 30, 2015 and such apportionment shall not exceed the sum of (i) the deficit reduction assessment of 1990--1991 as determined by the commis- sioner of education, pursuant to paragraph f of subdivision 1 of section 3602 of the education law, as in effect through June 30, 1993, plus (ii) 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 S. 2006--B 21 A. 3006--B adjustment for 2010--2011, as determined by the commissioner of educa- tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi- nation adjustment for 2011--2012 as determined by the commissioner of education pursuant to subdivision 17 of section 3602 of the education law, and provided further that such apportionment shall not exceed such salary expenses. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery apportionment payable pursuant to subparagraph (2) of such paragraph followed by the fixed fall payments payable pursuant to subparagraph (4) of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph (1) of such para- graph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. S 24. Special apportionment for public pension accruals. a. Notwith- standing any other provision of law, upon application to the commission- er of education, not later than June 30, 2016, a school district eligi- ble for an apportionment pursuant to section 3602 of the education law shall be eligible to receive an apportionment pursuant to this section, for the school year ending June 30, 2016 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by 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 S. 2006--B 22 A. 3006--B in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery apportionment payable pursuant to subparagraph (2) of such paragraph followed by the fixed fall payments payable pursuant to subparagraph (4) of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph (1) of such para- graph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. S 25. a. Notwithstanding any other law, rule or regulation to the contrary, any moneys appropriated to the state education department may be suballocated to other state departments or agencies, as needed, to accomplish the intent of the specific appropriations contained therein. b. Notwithstanding any other law, rule or regulation to the contrary, moneys appropriated to the state education department from the general fund/aid to localities, local assistance account-001, shall be for payment of financial assistance, as scheduled, net of disallowances, refunds, reimbursement and credits. c. Notwithstanding any other law, rule or regulation to the contrary, all moneys appropriated to the state education department for aid to localities shall be available for payment of aid heretofore or hereafter to accrue and may be suballocated to other departments and agencies to accomplish the intent of the specific appropriations contained therein. d. Notwithstanding any other law, rule or regulation to the contrary, moneys appropriated to the state education department for general support for public schools may be interchanged with any other item of appropriation for general support for public schools within the general fund local assistance account office of prekindergarten through grade twelve education programs. S 25-a. Notwithstanding any provision of law to the contrary, excess state building aid payments in the amount of not more than $1,989,867 made to the Johnson City central school district in various school years S. 2006--B 23 A. 3006--B shall be recovered in five equal annual installments beginning the later of June of 2015 or June of the school year in which such district is notified of such excess payments. Provided, further, that such district may elect to make an initial payment no later than thirty days in advance of the first annual installment which shall reduce the amount of each annual installment. S 25-b. Notwithstanding any provision of the law to the contrary, for the Amsterdam city school district having a penalty arising from the late filing of a final cost report pursuant to section 31 of part A of chapter 57 of the laws of 2012 in the amount of not more than $5,337,224, the commissioner of education shall recover such penalty in five equal annual installments beginning the later of June of 2017 or June of the school year in which such district is notified of the penal- ty. Provided further that such district may elect to make an initial payment no later than thirty days in advance of the first annual installment which shall reduce the amount of each annual installment. S 25-c. Notwithstanding any provision of the law to the contrary, for the Tonawanda city school district having a penalty arising from the late filing of a final cost report pursuant to section 31 of part A of chapter 57 of the laws of 2012 in the amount of not more than $1,455,736, the commissioner of education shall recover such penalty in five equal annual installments beginning the later of June of 2017 or June of the school year in which such district is notified of the penal- ty. Provided, further, that such district may elect to make an initial payment no later than thirty days in advance of the first annual installment which shall reduce the amount of each annual installment. S 25-d. Notwithstanding any provision of law to the contrary, excess state building aid payments in the amount of not more than $2,249,247 made to the East Islip union free school district in various school years shall be recovered in five equal annual installments beginning the later of June of 2017 or June of the school year in which such district is notified of such excess payments. Provided, further, that such district may elect to make an initial payment no later than thirty days in advance of the first annual installment which shall reduce the amount of each annual installment. S 25-e. Notwithstanding any provision of the law to the contrary, for the Mount Morris central school district having a penalty arising from the late filing of a final cost report pursuant to section 31 of part A of chapter 57 of the laws of 2012 in the amount of not more than $2,457,364, the commissioner of education shall recover such penalty in five equal annual installments beginning the later of June of 2017 or June of the school year in which such district is notified of the penal- ty. Provided, further, that such district may elect to make an initial payment no later than thirty days in advance of the first annual installment which shall reduce the amount of each annual installment. S 26. Notwithstanding the provision of any law, rule, or regulation to the contrary, the city school district of the city of Rochester, upon the consent of the board of cooperative educational services of the supervisory district serving its geographic region may purchase from such board for the 2015--2016 school year, as a non-component school district, services required by article 19 of the education law. S 26-a. Subdivision 10 of section 6-p of the general municipal law, as amended by section 14-b of part A of chapter 56 of the laws of 2014, is amended to read as follows: 10. Notwithstanding any provision of law to the contrary, the govern- ing board of a school district may, during the [two thousand fourteen-- S. 2006--B 24 A. 3006--B two thousand fifteen] TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school year, authorize a withdrawal from this fund in an amount not to exceed the lesser of: (a) the dollar value of excess funding in the fund as determined by the comptroller pursuant to section thirty-three of this chapter or (b) the amount of the school district's remaining gap elimi- nation adjustment as calculated by the commissioner of education pursu- ant to subdivision seventeen of section thirty-six hundred two of the education law. Funds withdrawn pursuant to this subdivision may only be used for the purpose of maintaining educational programming during the [two thousand fourteen--two thousand fifteen] TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school year which otherwise would have been reduced as a result of such gap elimination adjustment. Governing boards which make such a withdrawal shall submit, in a form prescribed by the commissioner of education, relevant information about the withdrawal, which shall include but not be limited to, the amount of such withdrawal, the date of withdrawal, and the use of such withdrawn funds. S 26-b. Subdivision a of section 5 of chapter 121 of the laws of 1996 relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, as amended by section 20-b of part A of chapter 56 of the laws of 2014, is amended to read as follows: a. Notwithstanding any other provisions of law, upon application to the commissioner of education submitted not sooner than April first and not later than June thirtieth of the applicable school year, the Roose- velt union free school district shall be eligible to receive an appor- tionment pursuant to this chapter for salary expenses, including related benefits, incurred between April first and June thirtieth of such school year. Such apportionment shall not exceed: for the 1996-97 school year through the [2014-15] 2015-16 school year, four million dollars ($4,000,000); for the [2015-16] 2016-17 school year, three million dollars ($3,000,000); for the [2016-17] 2017-18 school year, two million dollars ($2,000,000); for the [2017-18] 2018-19 school year, one million dollars ($1,000,000); and for the [2018-19] 2019-20 school year, zero dollars. Such annual application shall be made after the board of education has adopted a resolution to do so with the approval of the commissioner of education. S 27. The amounts specified in this section shall be a set aside from the state funds which each such district is receiving from the total foundation aid: for the purpose of the development, maintenance or expansion of magnet schools or magnet school programs for the 2015--2016 school year. To the city school district of the city of New York there shall be paid forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars ($500,000) for the Andrew Jackson High School; to the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); to the Rochester city school district, fifteen million dollars ($15,000,000); to the Syracuse city school district, thirteen million dollars ($13,000,000); to the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); to the Newburgh city school district, four million six hundred forty-five thousand dollars ($4,645,000); to the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); to the Mount Vernon city school district, two million dollars ($2,000,000); to the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); to the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); to the Port Chester S. 2006--B 25 A. 3006--B city school district, one million one hundred fifty thousand dollars ($1,150,000); to the White Plains city school district, nine hundred thousand dollars ($900,000); to the Niagara Falls city school district, six hundred thousand dollars ($600,000); to the Albany city school district, three million five hundred fifty thousand dollars ($3,550,000); to the Utica city school district, two million dollars ($2,000,000); to the Beacon city school district, five hundred sixty-six thousand dollars ($566,000); to the Middletown city school district, four hundred thousand dollars ($400,000); to the Freeport union free school district, four hundred thousand dollars ($400,000); to the Green- burgh central school district, three hundred thousand dollars ($300,000); to the Amsterdam city school district, eight hundred thou- sand dollars ($800,000); to the Peekskill city school district, two hundred thousand dollars ($200,000); and to the Hudson city school district, four hundred thousand dollars ($400,000). Notwithstanding the provisions of this section, a school district receiving a grant pursuant to this section may use such grant funds for: (i) any instructional or instructional support costs associated with the operation of a magnet school; or (ii) any instructional or instructional support costs associ- ated with implementation of an alternative approach to reduction of racial isolation and/or enhancement of the instructional program and raising of standards in elementary and secondary schools of school districts having substantial concentrations of minority students. The commissioner of education shall not be authorized to withhold magnet grant funds from a school district that used such funds in accordance with this paragraph, notwithstanding any inconsistency with a request for proposals issued by such commissioner. For the purpose of attendance improvement and dropout prevention for the 2015--2016 school year, for any city school district in a city having a population of more than one million, the setaside for attendance improvement and dropout prevention shall equal the amount set aside in the base year. For the 2015--2016 school year, it is further provided that any city school district in a city having a population of more than one million shall allocate at least one-third of any increase from base year levels in funds set aside pursuant to the requirements of this subdivision to community-based organizations. Any increase required pursuant to this subdivision to community-based organizations must be in addition to allocations provided to community-based organizations in the base year. For the purpose of teacher support for the 2015--2016 school year: to the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); to the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); to the Rochester city school district, one million seven- ty-six thousand dollars ($1,076,000); to the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and to the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion to salaries heretofore or hereafter negotiated or made available; provided, however, that all funds distributed pursuant to this section for the current year shall be deemed to incorporate all funds distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary S. 2006--B 26 A. 3006--B increases funded pursuant to this section shall be determined by sepa- rate collective negotiations conducted pursuant to the provisions and procedures of article 14 of the civil service law, notwithstanding the existence of a negotiated agreement between a school district and a certified or recognized employee organization. S 28. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2015 enacting the aid to localities budget shall be apportioned for the 2015-2016 state fiscal year in accordance with the provisions of sections 271, 272, 273, 282, 284, and 285 of the education law as amended by the provisions of this chapter and the provisions of this section, provided that library construction aid pursuant to section 273-a of the educa- tion law shall not be payable from the appropriations for the support of public libraries and provided further that no library, library system or program, as defined by the commissioner of education, shall receive less total system or program aid than it received for the year 2001-2002 except as a result of a reduction adjustment necessary to conform to the appropriations for support of public libraries. Notwithstanding any other provision of law to the contrary the moneys appropriated for the support of public libraries for the year 2015-2016 by a chapter of the laws of 2015 enacting the education, labor and fami- ly assistance budget shall fulfill the state's obligation to provide such aid and, pursuant to a plan developed by the commissioner of educa- tion and approved by the director of the budget, the aid payable to libraries and library systems pursuant to such appropriations shall be reduced proportionately to assure that the total amount of aid payable does not exceed the total appropriations for such purpose. S 28-a. Subdivision 3 of section 4204-b of the education law, as amended by section 12-b of part A of chapter 57 of the laws of 2012, is amended to read as follows: 3. The state comptroller may deduct from any state funds which become due to a school district for each year in which such child was in attendance at such institution or facility an amount equal to the reimbursement required to be made by such school district in accordance with this section, and the amount so deducted shall not be included in the operating expense of such district for the purposes of computing the [apportionment for] APPROVED operating expense [aid] pursuant to PARA- GRAPH T OF subdivision [eleven] ONE of section thirty-six hundred two of this chapter. S 29. Severability. The provisions of this act shall be severable, and if the application of any clause, sentence, paragraph, subdivision, section or part of this act to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not necessarily affect, impair or invalidate the applica- tion of any such clause, sentence, paragraph, subdivision, section, part of this act or remainder thereof, as the case may be, to any other person or circumstance, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 30. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2015, provided, however, that: 1. Sections one, eight, nine, fourteen, twenty-two, twenty-six, twen- ty-six-a and twenty-seven of this act shall take effect July 1, 2015. S. 2006--B 27 A. 3006--B 2. Sections seven and twelve of this act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. 3. Sections six and thirteen of this act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2014. 4. Section eleven of this act shall take effect July 1, 2015 and shall first apply to reimbursement for services and programs provided pursuant to section 4410 of the education law as provided in such section. 5. This act shall take effect immediately; provided, however, that the amendments to paragraph b-1 of subdivision 4 of section 3602 of the education law made by section five-a of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith. 6. The amendments to chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by a consortium for worker education in New York city, made by sections thirteen and four- teen of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. 7. Section seventeen of this act shall take effect immediately and shall be deemed to have been in full force and effect on and after the effective date of section 140 of chapter 82 of the laws of 1995. PART B Intentionally Omitted PART C Section 1. The education law is amended by adding a new section 679-g to read as follows: S 679-G. NEW YORK STATE GET ON YOUR FEET LOAN FORGIVENESS PROGRAM. 1. PURPOSE. THE PRESIDENT SHALL GRANT STUDENT LOAN FORGIVENESS AWARDS FOR THE PURPOSE OF ALLEVIATING THE BURDEN OF FEDERAL STUDENT LOAN DEBT FOR RECENT NEW YORK STATE COLLEGE GRADUATES. 2. ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SECTION, AN APPLICANT SHALL: (A) HAVE GRADUATED FROM A HIGH SCHOOL LOCATED IN NEW YORK STATE OR ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA AND RECEIVED SUCH HIGH SCHOOL EQUIVALEN- CY DIPLOMA; (B) HAVE GRADUATED AND OBTAINED AN UNDERGRADUATE DEGREE FROM A COLLEGE OR UNIVERSITY WITH ITS HEADQUARTERS LOCATED IN NEW YORK STATE IN OR AFTER THE TWO THOUSAND FOURTEEN--FIFTEEN ACADEMIC YEAR; (C) APPLY FOR THIS PROGRAM WITHIN TWO YEARS OF OBTAINING SUCH DEGREE; (D) BE A PARTICIPANT IN A FEDERAL INCOME-DRIVEN REPAYMENT PLAN WHOSE PAYMENT AMOUNT IS GENERALLY TEN PERCENT OF DISCRETIONARY INCOME; (E) HAVE INCOME OF LESS THAN FIFTY THOUSAND DOLLARS; (F) COMPLY WITH SUBDIVISIONS THREE AND FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS PART; AND (G) WORK IN NEW YORK STATE, IF EMPLOYED. FOR PURPOSES OF THIS PROGRAM, "INCOME" SHALL BE THE TOTAL ADJUSTED GROSS INCOME OF THE APPLICANT AND THE APPLI- CANT'S SPOUSE, IF APPLICABLE. 3. AWARDS. AN APPLICANT WHOSE ANNUAL INCOME IS LESS THAN FIFTY THOU- SAND DOLLARS SHALL BE ELIGIBLE TO RECEIVE AN AWARD EQUAL TO ONE HUNDRED PERCENT OF HIS OR HER MONTHLY FEDERAL INCOME-DRIVEN REPAYMENT PLAN PAYMENTS FOR TWENTY-FOUR MONTHS OF REPAYMENT UNDER THE FEDERAL PROGRAM. PROVIDED, HOWEVER, THAT THE AWARDS GRANTED UNDER THIS SECTION SHALL BE S. 2006--B 28 A. 3006--B DEFERRED FOR A RECIPIENT WHO HAS BEEN GRANTED A DEFERMENT OR FORBEARANCE UNDER THE FEDERAL INCOME-DRIVEN REPAYMENT PLAN. UPON COMPLETION OF SUCH DEFERMENT OR FORBEARANCE PERIOD, SUCH RECIPIENT SHALL BE ELIGIBLE TO RECEIVE AN AWARD FOR THE REMAINING TIME PERIOD UNDER THIS SUBDIVISION. A RECIPIENT WHO IS NOT A RESIDENT OF NEW YORK STATE AT THE TIME ANY PAYMENT IS MADE UNDER THIS PROGRAM SHALL BE REQUIRED TO REFUND SUCH PAYMENTS TO THE STATE. THE CORPORATION SHALL BE AUTHORIZED TO RECOVER SUCH PAYMENTS IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE CORPORATION. A STUDENT WHO IS DELINQUENT OR IN DEFAULT ON A STUDENT LOAN MADE UNDER ANY STATUTORY NEW YORK STATE OR FEDERAL EDUCATION LOAN PROGRAM OR HAS FAILED TO COMPLY WITH THE TERMS OF A SERVICE CONDITION IMPOSED BY AN AWARD MADE PURSUANT TO THIS ARTICLE OR HAS FAILED TO REPAY AN AWARD SHALL BE INELIGIBLE TO RECEIVE AN AWARD UNDER THIS PROGRAM UNTIL SUCH DELINQUENCY, DEFAULT OR FAILURE IS CURED. 4. RULES AND REGULATIONS. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS NECES- SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2015. PART D Intentionally Omitted PART E Intentionally Omitted PART F Section 1. The banking law is amended by adding a new section 9-w to read as follows: S 9-W. STANDARD FINANCIAL AID AWARD LETTER. THE SUPERINTENDENT OF FINANCIAL SERVICES IN CONSULTATION WITH THE PRESIDENT OF THE HIGHER EDUCATION SERVICES CORPORATION SHALL DEVELOP A STANDARD FINANCIAL AID AWARD LETTER WHICH SHALL CLEARLY DELINEATE (A) THE ESTIMATED COST OF ATTENDANCE, INCLUDING BUT NOT LIMITED TO, THE COST OF TUITION AND FEES, ROOM AND BOARD, BOOKS, AND TRANSPORTATION. SUCH STANDARD LETTER SHALL PROVIDE THE ESTIMATED COST OF ATTENDANCE FOR THE CURRENT ACADEMIC YEAR AS WELL AS ESTIMATES FOR EACH ACADEMIC YEAR THAT THE STUDENT WOULD NEED TO ATTEND TO EARN A DEGREE AT SUCH INSTITUTION WITH A DISCLAIMER THAT THE COST OF ATTENDANCE FOR YEARS OTHER THAN THE CURRENT ACADEMIC YEAR ARE ESTIMATES AND MAY BE SUBJECT TO CHANGE, (B) ALL FINANCIAL AID OFFERED FROM THE FEDERAL GOVERNMENT, THE STATE, AND THE INSTITUTION WITH AN EXPLANATION AS TO WHICH COMPONENTS WILL REQUIRE REPAYMENT, (C) ANY EXPECTED STUDENT AND/OR FAMILY CONTRIBUTION, (D) CAMPUS-SPECIFIC GRADU- ATION, MEDIAN BORROWING, AND LOAN DEFAULT RATES, AND (E) ANY OTHER INFORMATION AS DETERMINED BY THE SUPERINTENDENT IN CONSULTATION WITH THE PRESIDENT. SUCH STANDARD LETTER SHALL INCLUDE A GLOSSARY OF STANDARD TERMS AND DEFINITIONS USED ON SUCH STANDARD LETTER. THE SUPERINTENDENT SHALL PUBLISH AND MAKE AVAILABLE SUCH STANDARD LETTER BY DECEMBER THIR- TY-FIRST, TWO THOUSAND FIFTEEN AND THEREAFTER. EACH COLLEGE, VOCATIONAL INSTITUTION, AND ANY OTHER INSTITUTION THAT OFFERS AN APPROVED PROGRAM AS DEFINED IN SECTION SIX HUNDRED ONE OF THE EDUCATION LAW SHALL UTILIZE S. 2006--B 29 A. 3006--B THE STANDARD LETTER ISSUED BY THE DEPARTMENT OF FINANCIAL SERVICES IN RESPONDING TO ALL FINANCIAL AID APPLICANTS FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR AND THEREAFTER. THE SUPER- INTENDENT SHALL PROMULGATE REGULATIONS IMPLEMENTING THIS SECTION. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2015. PART G Intentionally Omitted PART H Intentionally Omitted PART I Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 131-o of the social services law, as amended by section 1 of part E of chapter 58 of the laws of 2014, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$139.00] $141.00 for each month beginning on or after January first, two thousand [fourteen] FIFTEEN. (b) in the case of each individual receiving residential care, an amount equal to at least [$160.00] $163.00 for each month beginning on or after January first, two thousand [fourteen] FIFTEEN. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$190.00] $193.00 for each month beginning on or after January first, two thousand [fourteen] FIFTEEN. (d) for the period commencing January first, two thousand [fifteen] SIXTEEN, the monthly personal needs allowance shall be an amount equal to the sum of the amounts set forth in subparagraphs one and two of this paragraph: (1) the amounts specified in paragraphs (a), (b) and (c) of this subdivision; and (2) the amount in subparagraph one of this paragraph, multiplied by the percentage of any federal supplemental security income cost of living adjustment which becomes effective on or after January first, two thousand [fifteen] SIXTEEN, but prior to June thirtieth, two thousand [fifteen] SIXTEEN, rounded to the nearest whole dollar. S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of section 209 of the social services law, as amended by section 2 of part E of chapter 58 of the laws of 2014, are amended to read as follows: (a) On and after January first, two thousand [fourteen] FIFTEEN, for an eligible individual living alone, [$808.00] $820.00; and for an eligible couple living alone, [$1186.00] $1204.00. (b) On and after January first, two thousand [fourteen] FIFTEEN, for an eligible individual living with others with or without in-kind income, [$744.00] $756.00; and for an eligible couple living with others with or without in-kind income, [$1128.00] $1146.00. (c) On and after January first, two thousand [fourteen] FIFTEEN, (i) for an eligible individual receiving family care, [$987.48] $999.48 if he or she is receiving such care in the city of New York or the county S. 2006--B 30 A. 3006--B of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible couple receiving family care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligible individ- ual receiving such care in any other county in the state, [$949.48] $961.48; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subpara- graph (iii) of this paragraph. (d) On and after January first, two thousand [fourteen] FIFTEEN, (i) for an eligible individual receiving residential care, [$1156.00] $1168.00 if he or she is receiving such care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible couple receiving residential care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligible individual receiving such care in any other county in the state, [$1126.00] $1138.00; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subparagraph (iii) of this paragraph. (e) (i) On and after January first, two thousand [fourteen] FIFTEEN, for an eligible individual receiving enhanced residential care, [$1415.00] $1427.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subparagraph (i) of this paragraph. (f) The amounts set forth in paragraphs (a) through (e) of this subdi- vision shall be increased to reflect any increases in federal supple- mental security income benefits for individuals or couples which become effective on or after January first, two thousand [fifteen] SIXTEEN but prior to June thirtieth, two thousand [fifteen] SIXTEEN. S 3. This act shall take effect December 31, 2015. PART J Section 1. Subparagraph 8 of paragraph h of subdivision 4 of section 1950 of the education law, as amended by section 1 of part G of chapter 58 of the laws of 2014, is amended to read as follows: (8) To enter into contracts with the commissioner of the office of children and family services pursuant to subdivision six-a of section thirty-two hundred two of this chapter to provide to such office, for the benefit of youth in its custody, any special education programs, related services [and], career and technical education services AND MUSIC, ART AND FOREIGN LANGUAGE PROGRAMS provided by the board of coop- erative educational services to component school districts. Any such proposed contract shall be subject to the review and approval of the commissioner to determine that it is an approved cooperative educational service. Services provided pursuant to such contracts shall be provided at cost, and the board of cooperative educational services shall not be authorized to charge any costs incurred in providing such services to its component school districts. S 2. Subdivision 6-a of section 3202 of the education law, as amended by section 2 of part G of chapter 58 of the laws of 2014, is amended to read as follows: 6-a. Notwithstanding subdivision six of this section or any other law to the contrary, the commissioner of the office of children and family services shall be responsible for the secular education of youth under the jurisdiction of the office and may contract for such education with S. 2006--B 31 A. 3006--B the trustees or board of education of the school district wherein a facility for the residential care of such youth is located or with the board of cooperative educational services at which any such school district is a component district for special education programs, related services and career and technical education services AND MUSIC, ART AND FOREIGN LANGUAGE PROGRAMS IN ACCORDANCE WITH SUBPARAGRAPH EIGHT OF PARA- GRAPH (H) OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS CHAPTER. A youth attending a local public school while in residence at such facility shall be deemed a resident of the school district where his parent or guardian resides at the commencement of each school year for the purpose of determining which school district shall be responsi- ble for the youth's tuition pursuant to section five hundred four of the executive law. S 3. Subdivision 1 of section 505 of the executive law, as amended by chapter 465 of the laws of 1992, is amended to read as follows: 1. There shall be a facility director of each [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES OPERATED facility. Such facility director shall be appointed by the [director] COMMISSIONER of the [divi- sion] OFFICE OF CHILDREN AND FAMILY SERVICES and THE POSITION shall be in the noncompetitive class and designated as confidential as defined by subdivision two-a of section forty-two of the civil service law. The facility director shall have [two years] SUCH experience [in appropriate titles in state government. Such facility director shall have such] AND other qualifications as may be prescribed by the director OF CLASSIFICA- TION AND COMPENSATION WITHIN THE DEPARTMENT OF CIVIL SERVICE IN CONSUL- TATION WITH THE COMMISSIONER of the [division,] OFFICE OF CHILDREN AND FAMILY SERVICES based on differences in duties, levels of responsibil- ity, size and character of the facility, knowledge, skills and abilities required, and other factors affecting the position [and]. SUCH FACILITY DIRECTOR shall serve at the pleasure of the [director] COMMISSIONER of the [division] OFFICE OF CHILDREN AND FAMILY SERVICES. S 4. Section 3 of part K of chapter 57 of the laws of 2012, amending the education law relating to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services, as amended by section 3 of part G of chapter 58 of the laws of 2014, is amended to read as follows: S 3. The office of children and family services, in consultation with the state education department, shall prepare and submit to the gover- nor, the temporary president of the senate and the speaker of the assem- bly a report by December 1, 2015 AND DECEMBER 1, 2017, that shall analyze the cost effectiveness and programmatic impact of delivering special education programs, related services [and], career and technical education services AND MUSIC, ART AND FOREIGN LANGUAGE PROGRAMS through boards of cooperative educational services in juvenile justice facili- ties operated by the office. S 5. Section 4 of part K of chapter 57 of the laws of 2012, amending the education law, relating to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services, is amended to read as follows: S 4. This act shall take effect July 1, 2012 and shall expire June 30, [2015] 2018 when upon such date the provisions of this act shall be deemed repealed. S 6. This act shall take effect immediately; provided, the amendments to subparagraph (8) of paragraph h of subdivision 4 of section 1950 of S. 2006--B 32 A. 3006--B the education law made by section one of this act shall not affect the repeal of such subparagraph and shall be deemed repealed therewith; provided, however, that the amendments to subdivision 6-a of section 3202 of the education law made by section two of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith; provided, further, that the amendments to section 3 of part K of chapter 57 of the laws of 2012 made by section four of this act shall not affect the repeal of such chapter and shall be deemed repealed ther- ewith. PART K Section 1. The section heading of section 456 of the social services law, as added by chapter 865 of the laws of 1977, is amended to read as follows: State reimbursement AND PAYMENTS. S 2. Paragraphs (c) and (d) of subdivision 1 of section 456 of the social services law, as amended by chapter 601 of the laws of 1994, are amended to read as follows: [(c) one hundred per centum of such payments after first deducting therefrom any federal funds properly to be received on account of such payments, for children placed out for adoption by a voluntary authorized agency or for children being adopted after being placed out for adoption by a voluntary authorized agency in accordance with the provisions of this title,] or [(d)] (C) one hundred per centum of such payments after first deducting therefrom any federal funds properly to be received on account of such payments, for children placed out for adoption or being adopted after being placed out for adoption by an Indian tribe as refer- enced in subdivision seven of section four hundred fifty-one of this title. S 3. Section 456 of the social services law is amended by adding a new subdivision 3 to read as follows: 3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR A CHILD WHO HAS BEEN PLACED FOR ADOPTION BY A VOLUNTARY AUTHORIZED AGENCY WITH GUARDIANSHIP AND CUSTODY OR CARE AND CUSTODY OF SUCH CHILD, AS REFERENCED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTY-ONE OF THIS TITLE, PAYMENTS AVAILABLE UNDER SECTION FOUR HUNDRED FIFTY-THREE, FOUR HUNDRED FIFTY-THREE-A OR FOUR HUNDRED FIFTY-FOUR OF THIS TITLE SHALL BE MADE BY THE STATE PURSUANT TO A WRITTEN AGREEMENT BETWEEN AN OFFICIAL OF THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE PERSONS WHO APPLIED FOR SUCH PAYMENTS PRIOR TO ADOPTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT ENTER INTO WRITTEN AGREEMENTS FOR, OR ISSUE, ANY SUCH PAYMENTS IN INSTANCES WHERE THE PERSON OR PERSONS APPLYING FOR SUCH PAYMENTS RESIDE OUTSIDE OF THE STATE OF NEW YORK AT THE TIME THE APPLICATION FOR SUCH PAYMENTS IS MADE. S 4. This act shall take effect July 1, 2015 and shall only apply to applications for payments under sections 453, 453-a or 454 of the social services law that are made on or after such effective date; provided, however, that effective immediately the commissioner of the office of children and family services is authorized and directed to promulgate such rules and regulations as he or she deems necessary to implement the provisions of this act on or before its effective date. PART L S. 2006--B 33 A. 3006--B Section 1. Section 458-a of the social services law is amended by adding three new subdivisions 6, 7 and 8 to read as follows: 6. "SUCCESSOR GUARDIAN" SHALL MEAN A PERSON OR PERSONS THAT IS APPROVED BY A LOCAL SOCIAL SERVICES DISTRICT TO RECEIVE PAYMENTS PURSU- ANT TO THIS TITLE IN ACCORDANCE WITH SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS TITLE AND THAT HAS BEEN NAMED IN THE AGREEMENT IN EFFECT BETWEEN THE RELATIVE GUARDIAN AND SOCIAL SERVICES OFFICIAL FOR KINSHIP GUARDIANSHIP ASSIST- ANCE PAYMENTS PURSUANT TO THIS TITLE WHO SHALL PROVIDE CARE AND GUARDI- ANSHIP FOR A CHILD IN THE EVENT OF DEATH OR INCAPACITY OF THE RELATIVE GUARDIAN, AS SET FORTH IN SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS TITLE, WHO HAS ASSUMED CARE FOR AND IS THE GUARDIAN OR PERMANENT GUARDI- AN OF SUCH CHILD, PROVIDED THAT SUCH PERSON WAS APPOINTED GUARDIAN OR PERMANENT GUARDIAN OF SUCH CHILD BY THE COURT FOLLOWING, OR DUE TO, THE DEATH OR INCAPACITY OF THE RELATIVE GUARDIAN. ONCE APPROVED IN ACCORD- ANCE WITH SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS TITLE, A SUCCESSOR GUARDIAN SHALL BE DEEMED TO HAVE THE SAME RIGHTS AND RESPONSIBILITIES AS A RELATIVE GUARDIAN IN RELATION TO ANY PROVISIONS OF THIS TITLE AND ANY AGREEMENT ENTERED INTO UNDER THIS TITLE. 7. "PROSPECTIVE SUCCESSOR GUARDIAN" SHALL MEAN A PERSON OR PERSONS WHOM A PROSPECTIVE RELATIVE GUARDIAN OR A RELATIVE GUARDIAN SEEKS TO NAME OR NAMES IN THE ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT, OR ANY AMENDMENT THERETO, AS SET FORTH IN SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS TITLE, AS THE PERSON OR PERSONS TO PROVIDE CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT OF THE DEATH OR INCAPACITY OF A RELATIVE GUARDIAN, WHO HAS NOT BEEN APPROVED IN ACCORDANCE WITH SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS TITLE. 8. "INCAPACITY" SHALL MEAN A SUBSTANTIAL INABILITY TO CARE FOR A CHILD AS A RESULT OF: (A) A PHYSICALLY DEBILITATING ILLNESS, DISEASE OR INJU- RY; OR (B) A MENTAL IMPAIRMENT THAT RESULTS IN A SUBSTANTIAL INABILITY TO UNDERSTAND THE NATURE AND CONSEQUENCES OF DECISIONS CONCERNING THE CARE OF A CHILD. S 2. Section 458-b of the social services law is amended by adding a new subdivision 1-a to read as follows: 1-A. A CHILD SHALL REMAIN ELIGIBLE FOR KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS UNDER THIS TITLE WHEN A SUCCESSOR GUARDIAN AS DEFINED IN SUBDI- VISION SIX OF SECTION FOUR HUNDRED FIFTY-EIGHT-A OF THIS TITLE ASSUMES CARE AND GUARDIANSHIP OF THE CHILD. S 3. Subdivision 2 of section 458-b of the social services law is amended by adding a new paragraph (d) to read as follows: (D) (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRIOR TO THE SOCIAL SERVICES OFFICIAL APPROVING A PROSPECTIVE SUCCESSOR GUARDIAN TO RECEIVE PAYMENTS PURSUANT TO THIS TITLE IN ACCORDANCE WITH SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION: (1) THE SOCIAL SERVICES OFFICIAL MUST COMPLETE A NATIONAL AND STATE CRIMINAL HISTORY RECORD CHECK PURSUANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED SEVENTY-EIGHT-A OF THIS ARTICLE FOR THE PROSPECTIVE SUCCESSOR GUARDIAN AND ANY PERSON OVER THE AGE OF EIGHTEEN LIVING IN THE HOME OF THE PROSPECTIVE SUCCESSOR GUARDIAN, IN ACCORDANCE WITH THE PROCEDURES AND STANDARDS SET FORTH IN SUCH SUBDIVISION; AND (2) THE SOCIAL SERVICES OFFICIAL MUST INQUIRE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, WHETHER EACH PROSPECTIVE SUCCESSOR GUARDIAN AND EACH PERSON OVER THE AGE OF EIGHTEEN LIVING IN THE HOME OF THE PROSPECTIVE S. 2006--B 34 A. 3006--B SUCCESSOR GUARDIAN HAS BEEN OR IS CURRENTLY THE SUBJECT OF AN INDICATED REPORT OF CHILD ABUSE OR MALTREATMENT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT AND, IF THE PROSPECTIVE SUCCES- SOR GUARDIAN OR ANY OTHER PERSON OVER THE AGE OF EIGHTEEN RESIDING IN THE HOME OF THE PROSPECTIVE SUCCESSOR GUARDIAN RESIDED IN ANOTHER STATE IN THE FIVE YEARS PRECEDING THE INQUIRY, REQUEST CHILD ABUSE AND MALTREATMENT INFORMATION MAINTAINED BY THE CHILD ABUSE AND MALTREATMENT REGISTRY FROM THE APPLICABLE CHILD WELFARE AGENCY IN EACH SUCH STATE OF PREVIOUS RESIDENCE. (II) IT SHALL BE THE DUTY OF THE PROSPECTIVE SUCCESSOR GUARDIAN TO INFORM THE SOCIAL SERVICES OFFICIAL THAT HAS ENTERED INTO AN AGREEMENT WITH THE RELATIVE GUARDIAN FOR PAYMENTS UNDER THIS TITLE IN WRITING OF THE DEATH OR INCAPACITY OF THE RELATIVE GUARDIAN AND OF THE PROSPECTIVE SUCCESSOR GUARDIAN'S DESIRE TO ENFORCE THE PROVISIONS IN THE AGREEMENT THAT AUTHORIZE PAYMENT TO HIM OR HER IN THE EVENT OF THE DEATH OR INCA- PACITY OF THE RELATIVE GUARDIAN. (III) THE CLEARANCES REQUIRES BY SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE CONDUCTED FOLLOWING RECEIPT BY THE SOCIAL SERVICES OFFICIAL OF THE WRITTEN COMMUNICATION REQUIRED BY SUBPARAGRAPH (II) OF THIS PARA- GRAPH. S 4. Subdivision 4 of section 458-b of the social services law is amended by adding four new paragraphs (e), (f), (g) and (h) to read as follows: (E) THE ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT EXECUTED IN ACCORDANCE WITH THIS SECTION AND ANY AMENDMENTS THERETO MAY NAME AN APPROPRIATE PERSON TO ACT AS A SUCCESSOR GUARDIAN FOR THE PURPOSE OF PROVIDING CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT OF DEATH OR INCAPACITY OF THE RELATIVE GUARDIAN. NOTHING HEREIN SHALL BE DEEMED TO REQUIRE THE RELATIVE GUARDIAN TO NAME A PROSPECTIVE SUCCESSOR GUARDIAN AS A CONDITION FOR THE APPROVAL OF A KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT. (F) A FULLY EXECUTED AGREEMENT BETWEEN A RELATIVE GUARDIAN AND A SOCIAL SERVICES OFFICIAL MAY BE AMENDED TO ADD OR MODIFY TERMS AND CONDITIONS MUTUALLY AGREEABLE TO THE RELATIVE GUARDIAN AND THE SOCIAL SERVICES OFFICIAL, INCLUDING THE NAMING OF AN APPROPRIATE PERSON TO PROVIDE CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT OF DEATH OR INCA- PACITY OF THE RELATIVE GUARDIAN. (G) THE SOCIAL SERVICES OFFICIAL SHALL INFORM THE RELATIVE GUARDIAN OF THE RIGHT TO NAME AN APPROPRIATE PERSON TO ACT AS A SUCCESSOR GUARDIAN IN THE ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT OR THROUGH AN AMENDMENT TO SUCH AGREEMENT. (H) A FULLY EXECUTED AGREEMENT BETWEEN A RELATIVE GUARDIAN OR A SUCCESSOR GUARDIAN AND A SOCIAL SERVICES OFFICIAL MAY BE TERMINATED IF: (I) IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION SEVEN OF THIS SECTION, A SOCIAL SERVICES OFFICIAL HAS DETERMINED THAT A RELATIVE GUAR- DIAN OR A SUCCESSOR GUARDIAN IS NO LONGER LEGALLY RESPONSIBLE FOR THE SUPPORT OF THE CHILD; OR (II) FOLLOWING THE DEATH OR PERMANENT INCAPACITY OF A RELATIVE GUARDI- AN, ALL PROSPECTIVE SUCCESSOR GUARDIANS NAMED IN SUCH AGREEMENT WERE NOT APPROVED BY THE SOCIAL SERVICES DISTRICT PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION. S 5. Subdivision 5 of section 458-b of the social services law, as added by section 4 of part F of chapter 58 of the laws of 2010, is amended to read as follows: 5. (A) Once the prospective relative guardian with whom a social services official has entered into an agreement under subdivision four S. 2006--B 35 A. 3006--B of this section has been issued letters of guardianship for the child and the child has been finally discharged from foster care to such rela- tive, a social services official shall make monthly kinship guardianship assistance payments for the care and maintenance of the child. (B) (I) IN THE EVENT OF DEATH OR INCAPACITY OF A RELATIVE GUARDIAN, A SOCIAL SERVICES DISTRICT SHALL MAKE MONTHLY KINSHIP GUARDIANSHIP ASSIST- ANCE PAYMENTS FOR THE CARE AND MAINTENANCE OF A CHILD TO A SUCCESSOR GUARDIAN THAT HAS BEEN APPROVED PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH. (II) FOLLOWING THE DEATH OR INCAPACITY OF THE RELATIVE GUARDIAN, A SOCIAL SERVICES OFFICIAL SHALL APPROVE A PROSPECTIVE SUCCESSOR GUARDIAN THAT IS NAMED IN THE AGREEMENT BETWEEN THE RELATIVE GUARDIAN AND A SOCIAL SERVICES OFFICIAL FOR PAYMENTS UNDER THIS TITLE AND THAT HAS BEEN AWARDED GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF THE CHILD BY THE COURT UNLESS, BASED ON THE RESULTS OF THE CLEARANCES REQUIRED BY PARAGRAPH (D) OF SUBDIVISION TWO OF THIS SECTION, THE SOCIAL SERVICES OFFICIAL HAS DETERMINED THAT APPROVAL OF THE PROSPECTIVE SUCCESSOR GUARDIAN IS NOT AUTHORIZED OR APPROPRIATE. PROVIDED HOWEVER, THAT NO APPROVAL CAN BE ISSUED PURSUANT TO THIS PARAGRAPH UNLESS THE PROSPECTIVE SUCCESSOR GUAR- DIAN HAS BEEN AWARDED GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF THE CHILD BY THE COURT AND THE CLEARANCES REQUIRED BY PARAGRAPH (D) OF SUBDIVISION TWO OF THIS SECTION HAVE BEEN CONDUCTED. (III) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF A PROSPECTIVE SUCCESSOR GUARDIAN ASSUMES CARE OF THE CHILD PRIOR TO BEING APPROVED PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, PAYMENTS UNDER THIS TITLE SHALL BE MADE ONCE A PROSPECTIVE GUARDIAN IS APPROVED PURSU- ANT TO SUCH SUBPARAGRAPH RETROACTIVELY FROM: (1) IN THE EVENT OF DEATH OF THE RELATIVE GUARDIAN, THE DATE THE SUCCESSOR GUARDIAN ASSUMED CARE OF THE CHILD OR THE DATE OF DEATH OF THE RELATIVE GUARDIAN, WHICHEVER IS LATER; OR (2) IN THE EVENT OF INCAPACITY OF THE RELATIVE GUARDIAN, THE DATE THE SUCCESSOR GUARDIAN ASSUMED CARE OF THE CHILD OR THE DATE OF INCAPACITY OF THE RELATIVE GUARDIAN, WHICHEVER IS LATER. (C) IN THE EVENT THAT A SUCCESSOR GUARDIAN ASSUMED CARE AND WAS AWARDED GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF A CHILD DUE TO THE INCAPACITY OF A RELATIVE GUARDIAN AND THE RELATIVE GUARDIAN IS SUBSE- QUENTLY AWARDED OR RESUMES GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF SUCH CHILD AND ASSUMES CARE OF SUCH CHILD AFTER THE INCAPACITY ENDS, A SOCIAL SERVICES OFFICIAL SHALL MAKE MONTHLY KINSHIP GUARDIANSHIP ASSIST- ANCE PAYMENTS FOR THE CARE AND MAINTENANCE OF THE CHILD TO THE RELATIVE GUARDIAN, IN ACCORDANCE WITH THE TERMS OF THE FULLY EXECUTED WRITTEN AGREEMENT. S 6. Paragraph (b) of subdivision 7 of section 458-b of the social services law, as added by section 4 of part F of chapter 58 of the laws of 2010, is amended to read as follows: (b) (I) Notwithstanding paragraph (a) of this subdivision, AND EXCEPT AS PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION, no kinship guardianship assistance payments may be made pursuant to this title if the social services official determines that the relative guar- dian is no longer legally responsible for the support of the child, including if the status of the legal guardian is terminated or the child is no longer receiving any support from such guardian. In accordance with the regulations of the office, a relative guardian who has been receiving kinship guardianship assistance payments on behalf of a child under this title must keep the social services official informed, on an annual basis, of any circumstances that would make the relative guardian S. 2006--B 36 A. 3006--B ineligible for such payments or eligible for payments in a different amount. (II) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, AND EXCEPT AS PROVIDED FOR IN PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS SECTION, NO KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS MAY BE MADE PURSUANT TO THIS TITLE TO A SUCCESSOR GUARDIAN IF THE SOCIAL SERVICES OFFICIAL DETERMINES THAT THE SUCCESSOR GUARDIAN IS NO LONGER LEGALLY RESPONSIBLE FOR THE SUPPORT OF THE CHILD, INCLUDING IF THE STATUS OF THE SUCCESSOR GUARDIAN IS TERMINATED OR THE CHILD IS NO LONGER RECEIVING ANY SUPPORT FROM SUCH GUARDIAN. A SUCCESSOR GUARDIAN WHO HAS BEEN RECEIVING KINSHIP GUARDIAN- SHIP ASSISTANCE PAYMENTS ON BEHALF OF A CHILD UNDER THIS TITLE MUST KEEP THE SOCIAL SERVICES OFFICIAL INFORMED, ON AN ANNUAL BASIS, OF ANY CIRCUMSTANCES THAT WOULD MAKE THE SUCCESSOR GUARDIAN INELIGIBLE FOR SUCH PAYMENTS OR ELIGIBLE FOR PAYMENTS IN A DIFFERENT AMOUNT. S 7. Subdivision 8 of section 458-b of the social services law, as added by section 4 of part F of chapter 58 of the laws of 2010, is amended to read as follows: 8. The placement of the child with the relative guardian OR SUCCESSOR GUARDIAN and any kinship guardianship assistance payments made on behalf of the child under this section shall be considered never to have been made when determining the eligibility for adoption subsidy payments under title nine of this article of a child in such legal guardianship arrangement. S 8. Subdivision 2 of section 458-d of the social services law, as added by section 4 of part F of chapter 58 of the laws of 2010, is amended to read as follows: 2. In addition, a social services official shall make payments for the cost of care, services and supplies payable under the state's program of medical assistance for needy persons provided to any child for whom kinship guardianship assistance payments are being made under this title who is not eligible for medical assistance under subdivision one of this section and for whom the relative OR SUCCESSOR guardian is unable to obtain appropriate and affordable medical coverage through any other available means, regardless of whether the child otherwise qualifies for medical assistance for needy persons. Payments pursuant to this subdivi- sion shall be made only with respect to the cost of care, services, and supplies which are not otherwise covered or subject to payment or reimbursement by insurance, medical assistance or other sources. Payments made pursuant to this subdivision shall only be made if the relative OR SUCCESSOR guardian applies to obtain such medical coverage for the child from all available sources, unless the social services official determines that the relative guardian has good cause for not applying for such coverage; which shall include that appropriate cover- age is not available or affordable. S 9. Subdivisions 1 and 2 of section 458-f of the social services law, as added by section 4 of part F of chapter 58 of the laws of 2010, are amended to read as follows: 1. Any person aggrieved by the decision of a social services official not to make a payment or payments pursuant to this title or to make such payment or payments in an inadequate or inappropriate amount or the failure of a social services official to determine an application under this title within thirty days after filing, OR THE FAILURE OF A SOCIAL SERVICES DISTRICT TO AGREE TO A PROSPECTIVE SUCCESSOR GUARDIAN BEING NAMED IN AN AGREEMENT OR TO APPROVE A PROSPECTIVE SUCCESSOR GUARDIAN PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS TITLE, OR THE DECISION OF A S. 2006--B 37 A. 3006--B SOCIAL SERVICES DISTRICT TO TERMINATE AN AGREEMENT PURSUANT TO PARAGRAPH (H) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS TITLE, may appeal to the office of children and family services, which shall review the case and give such person an opportunity for a fair hearing thereon and render its decision within thirty days. All deci- sions of the office of children and family services shall be binding upon the social services district involved and shall be complied with by the social services official thereof. 2. The only issues which may be raised in a fair hearing under this section are: (a) whether the social services official has improperly denied an application for payments under this title; (b) whether the social services official has improperly discontinued payments under this title; (c) whether the social services official has determined the amount of the payments made or to be made in violation of the provisions of this title or the regulations of the office of children and family services promulgated hereunder; [or] (d) whether the social services official has failed to determine an application under this title within thirty days; (E) WHETHER THE SOCIAL SERVICES OFFICIAL HAS IMPROPERLY DENIED AN APPLICATION TO NAME A PROSPECTIVE SUCCESSOR GUARDIAN IN THE ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT FOR PAYMENTS PURSUANT TO THIS TITLE OR ANY AMENDMENTS THERETO; (F) WHETHER A SOCIAL SERVICES OFFICIAL HAS INAPPROPRIATELY FAILED TO APPROVE A PROSPECTIVE SUCCESSOR GUARDIAN; OR (G) WHETHER A SOCIAL SERVICES OFFICIAL HAS INAPPROPRIATELY TERMINATED AN AGREEMENT FOR PAYMENTS UNDER THIS TITLE. S 10. Subdivision 2 of section 378-a of the social services law, as added by chapter 7 of the laws of 1999, paragraphs (a), (f) and (g) as amended by chapter 668 of the laws of 2006, paragraph (e) as amended by chapter 623 of the laws of 2008, paragraphs (h) and (i) as amended by chapter 145 of the laws of 2000 and paragraph (j) as amended by chapter 405 of the laws of 2010, is amended to read as follows: 2. (a) Notwithstanding any other provision of law to the contrary, and subject to rules and regulations of the division of criminal justice services, an authorized agency, as defined in subdivision ten of section three hundred seventy-one of this [article] TITLE, shall perform a crim- inal history record check with the division of criminal justice services regarding any prospective foster parent or prospective adoptive parent OR, A PROSPECTIVE SUCCESSOR GUARDIAN IN ACCORDANCE WITH PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS ARTICLE, and any person over the age of eighteen who is currently residing in the home of such prospective foster parent [or], prospective adoptive parent OR PROSPECTIVE SUCCESSOR GUARDIAN. PROVIDED, HOWEVER, THAT FOR PROSPEC- TIVE FOSTER PARENTS AND PROSPECTIVE ADOPTIVE PARENTS AND OTHER PERSONS OVER THE AGE OF EIGHTEEN IN THEIR HOMES, THE CHECKS REQUIRED BY THIS PARAGRAPH SHALL BE CONDUCTED before the foster parent or adoptive parent is finally certified or approved for the placement of a child. Persons who are over the age of eighteen residing in the home of a certified or approved foster parent and who previously did not have a criminal histo- ry record check performed in accordance with this subdivision shall have such a criminal history record check performed when the foster parent applies for renewal of his or her certification or approval as a foster parent. The division of criminal justice services is authorized to submit fingerprints to the federal bureau of investigation for the purpose of a nationwide criminal history record check pursuant to and consistent with public law 92-544 to determine whether such prospective foster parent, prospective adoptive parent, PROSPECTIVE SUCCESSOR GUARD- IAN or person over the age of eighteen currently residing in the home of S. 2006--B 38 A. 3006--B such prospective parent OR GUARDIAN has a criminal history in any state or federal jurisdiction. The provisions and procedures of this section, including the criminal history record check of persons over the age of eighteen who are currently residing in the home of the foster parent, also shall apply to prospective foster parents certified by the office of children and family services and to family homes certified by any other state agency where such family homes care for foster children in accordance with a memorandum of understanding with the office of chil- dren and family services. (b) Every authorized agency shall obtain a set of the prospective foster parent [or], prospective adoptive [parent's] PARENT OR PROSPEC- TIVE SUCCESSOR GUARDIAN'S fingerprints and those of any person over the age of eighteen who currently resides in the home of such prospective foster parent [or], prospective adoptive parent OR PROSPECTIVE SUCCESSOR GUARDIAN, and such other information as is required by the office of children and family services and the division of criminal justice services. The authorized agency shall provide to the applicant blank fingerprint cards and a description of how the completed fingerprint cards will be used upon submission to the authorized agency. The author- ized agency shall promptly transmit such fingerprint cards to the office of children and family services. The office of children and family services shall promptly submit such fingerprint cards and the processing fee imposed pursuant to subdivision eight-a of section eight hundred thirty-seven of the executive law to the division of criminal justice services for its full search and retain processing. Notwithstanding any other provision of law to the contrary, the processing fee shall be submitted by the office of children and family services and no part thereof shall be charged to the prospective foster parent [or], prospec- tive adoptive parent, PROSPECTIVE SUCCESSOR GUARDIAN or any person over the age of eighteen who currently resides in the home of such prospec- tive foster parent [or], prospective adoptive parent OR PROSPECTIVE SUCCESSOR GUARDIAN who submitted a fingerprint card pursuant to this subdivision. (c) The division of criminal justice services shall promptly provide to the office of children and family services a criminal history record, if any, with respect to the prospective foster parent [or], prospective adoptive parent OR PROSPECTIVE SUCCESSOR GUARDIAN and any other person over the age of eighteen who resides in the home of the prospective foster parent [or] , prospective adoptive parent OR PROSPECTIVE SUCCES- SOR GUARDIAN, or a statement that the individual has no criminal history record. (d) Notwithstanding any other provision of law to the contrary, the office of children and family services, upon receipt of a criminal history record from the division of criminal justice services, may request, and is entitled to receive, information pertaining to any offense contained in such criminal history record from any state or local law enforcement agency or court for the purposes of determining whether any ground relating to such criminal conviction or pending crim- inal charge exists for denying an application. (e) After reviewing any criminal history record information provided by the division of criminal justice services, the office of children and family services shall promptly notify the authorized agency or other state agency that: (1) Notwithstanding any other provision of law to the contrary, an application for certification or approval of a prospective foster parent or prospective adoptive parent shall be denied AND, IN THE EVENT OF S. 2006--B 39 A. 3006--B DEATH OR INCAPACITY OF A RELATIVE GUARDIAN, AN AGREEMENT TO PROVIDE PAYMENTS TO A PROSPECTIVE SUCCESSOR GUARDIAN PURSUANT TO TITLE TEN OF THIS ARTICLE SHALL NOT BE APPROVED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS ARTICLE, AS APPLICABLE, where a criminal history record of the prospective foster parent [or], prospective adoptive parent OR PROSPEC- TIVE SUCCESSOR GUARDIAN, AS APPLICABLE, reveals a conviction for: (A) a felony conviction at any time involving: (i) child abuse or neglect; (ii) spousal abuse; (iii) a crime against a child, including child pornography; or (iv) a crime involving violence, including rape, sexual assault, or homicide, other than a crime involving physical assault or battery; or (B) a felony conviction within the past five years for physical assault, battery, or a drug-related offense; or (2) Notwithstanding any other provision of law to the contrary, a final determination of an application for certification or approval of a prospective foster parent or prospective adoptive parent AND, IN RELATION TO PROSPECTIVE SUCCESSOR GUARDIANS, APPROVAL PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS ARTICLE shall be held in abeyance whenever the criminal history record of the prospective foster parent [or], prospective adoptive parent OR PROSPECTIVE SUCCESSOR GUARDIAN, AS APPLI- CABLE, reveals: (A) a charge for a crime set forth in subparagraph one of this para- graph which has not been finally resolved; or (B) a felony conviction that may be for a crime set forth in subpara- graph one of this paragraph. An authorized agency may proceed with a determination of such application, in a manner consistent with this subdivision, only upon receiving subsequent notification from the office of children and family services regarding the status of such charge or the nature of such conviction; or (3) CONSISTENT WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW, an application for certification or approval of a prospective foster parent or prospective adoptive parent may[, consist- ent with the provisions of article twenty-three-A of the correction law, be denied] BE DENIED, AN AGREEMENT TO PROVIDE PAYMENTS TO A PROSPECTIVE SUCCESSOR GUARDIAN PURSUANT TO TITLE TEN OF THIS ARTICLE MAY NOT BE APPROVED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS ARTICLE, AS APPLICA- BLE, where: (A) a criminal history record of the prospective foster parent [or], prospective adoptive parent OR PROSPECTIVE SUCCESSOR GUARDIAN reveals a charge or a conviction of a crime other than one set forth in subpara- graph one of this paragraph; or (B) a criminal history record of any other person over the age of eighteen who resides in the home of the prospective foster parent [or], prospective adoptive parent OR PROSPECTIVE SUCCESSOR GUARDIAN reveals a charge or a conviction of any crime; or (4) Notwithstanding any other provision of law to the contrary, an application for renewal of the certification or approval of a foster parent submitted on or after October first, two thousand eight shall be denied based on the conviction of the foster parent of a crime set forth in subparagraph one of this paragraph where such conviction occurred on or after October first, two thousand eight; or (5) Notwithstanding any other provision of law to the contrary, the certification or approval of a foster parent, or the approval of an S. 2006--B 40 A. 3006--B adoptive parent who has not completed the adoption process, shall be revoked based on the conviction of the foster parent or the adoptive parent of a crime set forth in subparagraph one of this paragraph; or (6) the prospective foster parent [or], prospective adoptive parent OR PROSPECTIVE SUCCESSOR GUARDIAN and any person over the age of eighteen who is residing in the home of the prospective foster parent [or], prospective adoptive parent OR PROSPECTIVE SUCCESSOR GUARDIAN has no criminal history record. (f) Except as otherwise set forth in this paragraph, any notification by the office of children and family services pursuant to paragraph (e) of this subdivision shall include a summary of the criminal history record provided by the division of criminal justice services, including, but not limited to, the specific crime or crimes for which the prospec- tive foster PARENT or PARENTS, adoptive parent or parents OR PROSPECTIVE SUCCESSOR GUARDIAN OR GUARDIANS or any adults over the age of eighteen living in the home have been charged or convicted, as applicable. When responding to an inquiry from a voluntary authorized agency or other non-public agency with respect to the results of a national criminal history check performed by the federal bureau of investigation, the office of children and family services shall advise the voluntary authorized agency or other non-public agency of the category or catego- ries of crime or crimes and shall not provide the voluntary authorized agency or other non-public agency with the specific crime or crimes absent the written consent of the person for whom the national criminal history check was performed. (g) When an authorized agency has denied an application [pursuant to] OR APPROVAL IN ACCORDANCE WITH THE PROVISIONS OF paragraph (e) of this subdivision, the authorized agency shall provide to the applicant a written statement setting forth the reasons for such denial, including, as authorized by paragraph (f) of this subdivision, the summary of the criminal history record provided to the authorized agency by the office of children and family services. The authorized agency shall also provide a description of the division of criminal justice services' record review process and any remedial processes provided by the office of children and family services to any prospective foster parent [or], prospective adoptive parent OR PROSPECTIVE SUCCESSOR GUARDIAN. If the applicant is disqualified under item (ii) of clause (A) of subparagraph one of paragraph (e) of this subdivision, then the applicant may apply for relief from the mandatory disqualification based on the grounds that the offense was not spousal abuse as that term is defined in paragraph (j) of this subdivision. (h) Where a criminal history record of the certified or approved foster parent, prospective adoptive parent or of any other person over the age of eighteen who resides in the home of the certified or approved foster parent or prospective adoptive parent reveals a charge or conviction of any crime, the authorized agency shall perform a safety assessment of the conditions in the household. Such assessment shall include: whether the subject of the charge or conviction resides in the household; the extent to which such person may have contact with foster children or other children residing in the household; and the status, date and nature of the criminal charge or conviction. The authorized agency shall thereafter take all appropriate steps to protect the health and safety of such child or children, including, when appropriate, the removal of any foster child or children from the home. Where the author- ized agency denies the application or revokes the approval or certif- ication of the foster parent or the prospective adoptive parent in S. 2006--B 41 A. 3006--B accordance with the standards set forth in paragraph (e) of this subdi- vision, such authorized agency shall remove any foster child or children from the home of the foster parent or the prospective adoptive parent. (i) Any criminal history record provided by the division of criminal justice services, and any summary of the criminal history record provided by the office of children and family services to an authorized agency pursuant to this subdivision, is confidential and shall not be available for public inspection; provided, however, nothing herein shall prevent an authorized agency, the office of children and family services or other state agency referenced in paragraph (a) of this subdivision from disclosing criminal history information to any administrative or judicial proceeding relating to the denial or revocation of a certif- ication or approval of a foster parent or an adoptive parent or the removal of the foster child from the home OR THE FAILURE TO APPROVE A PROSPECTIVE SUCCESSOR GUARDIAN PURSUANT TO SUBPARAGRAPH (II) OF PARA- GRAPH (B) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS ARTICLE OR THE TERMINATION OF AN AGREEMENT FOR PAYMENTS PURSUANT TO TITLE TEN OF THIS ARTICLE THAT IS MADE IN ACCORDANCE WITH PARAGRAPH (H) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS ARTI- CLE. Where there is a pending court case, the authorized agency which received the criminal history record summary from the office of children and family services, shall provide a copy of such summary to the family court or surrogate's court. (j) For the purposes of this subdivision "spousal abuse" is an offense defined in section 120.05, 120.10, 121.12 or 121.13 of the penal law where the victim of such offense was the defendant's spouse; provided, however, spousal abuse shall not include a crime in which the prospec- tive foster parent [or], prospective adoptive parent OR PROSPECTIVE SUCCESSOR GUARDIAN, who was the defendant, has received notice pursuant to paragraph (g) of this subdivision and the office of children and family services finds after a fair hearing held pursuant to section twenty-two of this chapter, that he or she was the victim of physical, sexual or psychological abuse by the victim of such offense and such abuse was a factor in causing the prospective foster parent [or], prospective adoptive parent OR PROSPECTIVE SUCCESSOR GUARDIAN to commit such offense. (k) The office of children and family services shall inform the divi- sion of criminal justice services when a person is no longer certified or approved as a foster parent or is no longer a prospective adoptive parent so that the division of criminal justice services may terminate its retain processing with regard to such person and any person over the age of eighteen who is residing in the home of the foster parent or prospective adoptive parent. At least once a year, the office of chil- dren and family services will be required to conduct a validation of the records maintained by the division of criminal justice services. (l) The office of children and family services, in consultation with the division of criminal justice services, shall promulgate regulations for the purpose of implementing the provisions of this subdivision relating to the standards for the certification or approval of foster parents or adoptive parents. S 11. Subparagraph (z) of paragraph (A) of subdivision 4 of section 422 of the social services law, as amended by chapter 440 of the laws of 2011, is amended to read as follows: (z) an entity with appropriate legal authority in another state to license, certify or otherwise approve prospective foster [and] PARENTS, PROSPECTIVE adoptive parents, PROSPECTIVE RELATIVE GUARDIANS OR PROSPEC- S. 2006--B 42 A. 3006--B TIVE SUCCESSOR GUARDIANS where disclosure of information regarding [the] SUCH prospective foster or PROSPECTIVE adoptive parents OR PROSPECTIVE RELATIVE OR PROSPECTIVE SUCCESSOR GUARDIANS and other persons over the age of eighteen residing in the home of such [prospective parents] PERSONS is required [by paragraph twenty of subdivision (a) of section six hundred seventy-one of title forty-two of the United States code] UNDER TITLE IV-E OF THE FEDERAL SOCIAL SECURITY ACT; and S 12. Paragraph (a) of subdivision 1 of section 424-a of the social services law, as amended by chapter 126 of the laws of 2014, is amended to read as follows: (a) A licensing agency shall inquire of the department and the depart- ment shall, subject to the provisions of paragraph (e) of this subdivi- sion, inform such agency and the subject of the inquiry whether an applicant for a certificate, license or permit, assistants to group family day care providers, the director of a camp subject to the provisions of article thirteen-B of the public health law, A PROSPECTIVE SUCCESSOR GUARDIAN WHEN A CLEARANCE IS CONDUCTED PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS ARTICLE, and any person over the age of eighteen who resides in the home of a person who has applied to become an adoptive parent or a foster parent or to operate a family day care home or group family day care home OR ANY PERSON OVER THE AGE OF EIGHTEEN RESIDING IN THE HOME OF A PROSPECTIVE SUCCESSOR GUARDIAN WHEN A CLEARANCE IS CONDUCTED OF A PROSPECTIVE SUCCESSOR GUARDIAN PURSUANT TO THIS PARAGRAPH, has been or is currently the subject of an indicated child abuse and maltreatment report on file with the statewide central register of child abuse and maltreatment. S 13. Subdivision 2 of section 424-a of the social services law, as amended by chapter 677 of the laws of 1985, paragraph (a) as amended by chapter 126 of the laws of 2014, paragraph (d) as amended by chapter 12 of the laws of 1996, and paragraph (e) as amended by chapter 634 of the laws of 1988, is amended to read as follows: 2. (a) Upon notification by the office or by a child care resource and referral program in accordance with subdivision six of this section that any person who has applied to a licensing agency for a license, certif- icate or permit or who seeks to become an employee of a provider agency, or to accept a child for adoptive placement or who will be hired as a consultant or used as a volunteer by a provider agency, or that any other person about whom an inquiry is made to the office pursuant to the provisions of this section is the subject of an indicated report, the licensing or provider agency shall determine on the basis of information it has available whether to approve such application or retain the employee or hire the consultant or use the volunteer or permit an employee of another person, corporation, partnership or association to have access to the individuals cared for by the provider agency, provided, however, that if such application is approved, or such employ- ee is retained or consultant hired or volunteer used or person permitted to have access to the children cared for by such agency the licensing or provider agency shall maintain a written record, as part of the applica- tion file or employment record, of the specific reasons why such person was determined to be appropriate to receive a foster care or adoption placement or to provide day care services, to be the director of a camp subject to the provisions of article thirteen-B of the public health law, TO BE APPROVED AS A SUCCESSOR GUARDIAN IN ACCORDANCE WITH SUBPARA- GRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS ARTICLE, to be employed, to be retained as an S. 2006--B 43 A. 3006--B employee, to be hired as a consultant, used as a volunteer or to have access to the individuals cared for by the agency. (b) (i) Upon denial of such application by a licensing or a provider agency or failure to hire the consultant or use the volunteer, or denial of access by a person to the children cared for by the agency, OR FAIL- URE TO APPROVE A SUCCESSOR GUARDIAN IN ACCORDANCE WITH SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS ARTICLE, such agency shall furnish the applicant, prospective consultant, volunteer or person who is denied access to the children cared for by the agency with a written statement setting forth whether its denial, failure to hire or failure to use was based, in whole or in part, on such indicated report, and if so, its reasons for the denial or failure to hire or failure to use. (ii) Upon the termination of employment of an employee of a provider agency, who is the subject of an indicated report of child abuse or maltreatment on file with the statewide central register of child abuse and maltreatment, the agency shall furnish the employee with a written statement setting forth whether such termination was based, in whole or in part, on such indicated report and, if so, the reasons for the termi- nation of employment. (c) If the reasons for such denial or termination or failure to hire a consultant or use a volunteer OR FAILURE TO APPROVE A SUCCESSOR GUARDIAN IN ACCORDANCE WITH SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS ARTICLE include the fact that the person is the subject of an indicated child abuse or maltreatment report, such person may request from the department within ninety days of receipt of notice of such denial, termination, failure to hire a consultant or use a volunteer and shall be granted a hearing in accordance with the procedures set forth in section twenty-two of this chapter relating to fair hearings. All hearings held pursuant to the provisions of this subdivision shall be held within thirty days of a request for the hearing unless the hearing is adjourned for good cause shown. Any subsequent adjournment for good cause shown shall be granted only upon consent of the person who requested the hearing. The hearing decision shall be rendered not later than sixty days after the conclu- sion of the hearing. (d) At any such hearing, the sole question before the department shall be whether the applicant, employee, prospective consultant, volunteer, PROSPECTIVE SUCCESSOR GUARDIAN or person who was denied access to the children cared for by a provider agency has been shown by a fair prepon- derance of the evidence to have committed the act or acts of child abuse or maltreatment giving rise to the indicated report. In such hearing, the burden of proof on the issue of whether an act of child abuse or maltreatment was committed shall be upon the local child protective service or the state agency which investigated the report, as the case may be. The failure to sustain the burden of proof at a hearing held pursuant to this section shall not result in the expungement or unfound- ing of an indicated report but shall be noted on the report maintained by the state central register and shall preclude the department from notifying a party which subsequently makes an inquiry to the department pursuant to this section that the person about whom the inquiry is made is the subject of an indicated report. (e) Upon the failure, at the fair hearing held pursuant to this section, to prove by a fair preponderance of the evidence that the applicant committed the act or acts of child abuse or maltreatment giving rise to the indicated report, the department shall notify the S. 2006--B 44 A. 3006--B provider or licensing agency which made the inquiry pursuant to this section that it should reconsider any decision to discharge an employee, or to deny the subject's application for employment, or to become an adoptive parent, OR TO BECOME A SUCCESSOR GUARDIAN, or for a certif- icate, license or permit; or not to hire a consultant, use a volunteer, or allow access to children cared for by the agency. S 14. Subdivision 4 of section 424-a of the social services law, as amended by chapter 126 of the laws of 2014, is amended to read as follows: 4. For purposes of this section, the term "licensing agency" shall mean an authorized agency which has received an application to become an adoptive parent or an authorized agency which has received an applica- tion for a certificate or license to receive, board or keep any child pursuant to the provisions of section three hundred seventy-six or three hundred seventy-seven of this article or an authorized agency which has received an application from a relative within the second degree or third degree of consanguinity of the parent of a child or a relative within the second degree or third degree of consanguinity of the step- parent of a child or children, or the child's legal guardian for approval to receive, board or keep such child, OR AN AUTHORIZED AGENCY THAT CONDUCTS A CLEARANCE PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION FOUR HUNDRED FIFTY-EIGHT-B OF THIS ARTICLE, or a state or local governmental agency which receives an application to provide child day care services in a child day care center, school-age child care program, family day care home or group family day care home pursuant to the provisions of section three hundred ninety of this article, or the department of health and mental hygiene of the city of New York, when such department receives an application for a certificate of approval to provide child day care services in a child day care center pursuant to the provisions of the health code of the city of New York, or the office of mental health or the office for people with developmental disabili- ties when such office receives an application for an operating certif- icate pursuant to the provisions of the mental hygiene law to operate a family care home, or a state or local governmental official who receives an application for a permit to operate a camp which is subject to the provisions of article thirteen-B of the public health law or the office of children and family services which has received an application for a certificate to receive, board or keep any child at a foster family home pursuant to articles nineteen-G and nineteen-H of the executive law or any other facility or provider agency, as defined in subdivision four of section four hundred eighty-eight of this chapter, in regard to any licensing or certification function carried out by such facility or agency. S 15. Subdivision 1 of section 1707 of the surrogate's court procedure act, as amended by section 11 of part F of chapter 58 of the laws of 2010, is amended to read as follows: 1. If the court be satisfied that the interests of the infant will be promoted by the appointment of a guardian or by the issuance of tempo- rary letters of guardianship of his or her person or of his or her prop- erty, or of both, it must make a decree accordingly. If the court deter- mines that appointment of a permanent guardian is in the best interests of the infant or child, the court shall issue a decree appointing such guardian. The same person may be appointed guardian of both the person and the property of the infant or the guardianship of the person and of the property may be committed to different persons. The court may appoint a person other than the parent of the infant or the person nomi- S. 2006--B 45 A. 3006--B nated by the petitioner. When the court is informed that the infant, a person nominated to be a guardian of such infant, the petitioner, or any individual eighteen years of age or over who resides in the home of the proposed guardian is a subject of or another person named in an indi- cated report, as such terms are defined in section four hundred twelve of the social services law, filed with the statewide register of child abuse and maltreatment pursuant to title six of article six of the social services law or is or has been the subject of or the respondent in or a party to a child protective proceeding commenced under article ten of the family court act which resulted in an order finding that the child is an abused or neglected child the court shall obtain such records regarding such report or proceeding as it deems appropriate and shall give the information contained therein due consideration in its determination. The court shall provide in its order appointing a guardi- an of a child for whom the guardian and a local department of social services have entered into an agreement under title ten of article six of the social services law: (a) IF THE GUARDIAN WOULD MEET THE DEFI- NITION OF RELATIVE GUARDIAN AS SUCH TERM IS DEFINED IN SECTION FOUR HUNDRED FIFTY-EIGHT-A OF THE SOCIAL SERVICES LAW, the compelling reasons that exist for determining that the return home of the child and the adoption of the child are not in the best interests of the child and are, therefore, not appropriate permanency options for the child; and (b) that the local department of social services and the attorney for the child must receive notice of, and be made parties to, any subsequent proceeding to vacate or modify the order of guardianship. S 16. Paragraph (c) of subdivision 7 of section 353.3 of the family court act, as amended by section 6 of part G of chapter 58 of the laws of 2010, is amended to read as follows: (c) Where the respondent is placed pursuant to subdivision two or three of this section, such report shall contain a plan for the release, or conditional release (pursuant to section five hundred ten-a of the executive law), of the respondent to the custody of his or her parent or other person legally responsible, [to independent living] or to another permanency alternative as provided in paragraph (d) of subdivision seven of section 355.5 of this part. If the respondent is subject to article sixty-five of the education law or elects to participate in an educa- tional program leading to a high school diploma, such plan shall include, but not be limited to, the steps that the agency with which the respondent is placed has taken and will be taking to facilitate the enrollment of the respondent in a school or educational program leading to a high school diploma following release, or, if such release occurs during the summer recess, upon the commencement of the next school term. If the respondent is not subject to article sixty-five of the education law and does not elect to participate in an educational program leading to a high school diploma, such plan shall include, but not be limited to, the steps that the agency with which the respondent is placed has taken and will be taking to assist the respondent to become gainfully employed or enrolled in a vocational program following release. S 17. Paragraph (b) of subdivision 7 of section 355.5 of the family court act, as added by chapter 7 of the laws of 1999, is amended to read as follows: (b) in the case of a respondent who has attained the age of [sixteen] FOURTEEN, the services needed, if any, to assist the respondent to make the transition from foster care to independent living; S. 2006--B 46 A. 3006--B S 18. Paragraph (d) of subdivision 7 of section 355.5 of the family court act, as amended by chapter 181 of the laws of 2000, is amended to read as follows: (d) with regard to the completion of placement ordered by the court pursuant to section 353.3 or 355.3 of this [article] PART: whether and when the respondent: (i) will be returned to the parent; (ii) should be placed for adoption with the local commissioner of social services filing a petition for termination of parental rights; (iii) should be referred for legal guardianship; (iv) should be placed permanently with a fit and willing relative; or (v) should be placed in another planned permanent living arrangement WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT if THE RESPONDENT IS AGE SIXTEEN OR OLDER AND (A) the office of children and family services or the local commissioner of social services has documented to the court [a]: (1) THE INTENSIVE, ONGOING, AND, AS OF THE DATE OF THE HEARING, UNSUCCESSFUL EFFORTS MADE TO RETURN THE RESPONDENT HOME OR SECURE A PLACEMENT FOR THE RESPONDENT WITH A FIT AND WILLING RELATIVE INCLUDING ADULT SIBLINGS, A LEGAL GUARDIAN, OR AN ADOPTIVE PARENT, INCLUDING THROUGH EFFORTS THAT UTILIZE SEARCH TECHNOLOGY INCLUDING SOCIAL MEDIA TO FIND BIOLOGICAL FAMILY MEMBERS FOR CHILDREN, (2) THE STEPS BEING TAKEN TO ENSURE THAT (I) THE RESPONDENT'S FOSTER FAMILY HOME OR CHILD CARE FACILITY IS FOLLOWING THE REASONABLE AND PRUDENT PARENT STANDARD IN ACCORDANCE WITH GUIDANCE PROVIDED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND (II) THE RESPONDENT HAS REGULAR, ONGOING OPPORTUNITIES TO ENGAGE IN AGE OR DEVELOPMENTALLY APPROPRIATE ACTIVITIES INCLUDING BY CONSULTING WITH THE RESPONDENT IN AN AGE-APPROPRIATE MANNER ABOUT THE OPPORTUNITIES OF THE RESPONDENT TO PARTICIPATE IN ACTIVITIES; AND (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES OR THE LOCAL COMMISSIONER OF SOCIAL SERVICES HAS DOCUMENTED TO THE COURT AND THE COURT HAS DETERMINED THAT THERE ARE compelling [reason] REASONS for determining that it [would] CONTINUES TO not be in the best interest of the respondent to return home, be referred for termination of parental rights and placed for adoption, placed with a fit and willing relative, or placed with a legal guardian; and (C) THE COURT HAS MADE A DETERMINATION EXPLAINING WHY, AS OF THE DATE OF THIS HEARING, ANOTHER PLANNED LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT IS THE BEST PERMANENCY PLAN FOR THE RESPONDENT; AND S 19. Subdivision 8 of section 355.5 of the family court act, as added by section 2 of part B of chapter 327 of the laws of 2007, is amended to read as follows: 8. At the permanency hearing, the court shall consult with the respondent in an age-appropriate manner regarding the permanency plan for the respondent; PROVIDED, HOWEVER, THAT IF THE RESPONDENT IS AGE SIXTEEN OR OLDER AND THE REQUESTED PERMANENCY PLAN FOR THE RESPONDENT IS PLACEMENT IN ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT WITH A SIGNIF- ICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT, THE COURT MUST ASK THE RESPONDENT ABOUT THE DESIRED PERMAN- ENCY OUTCOME FOR THE RESPONDENT. S 20. Subparagraph (ii) of paragraph (a) of subdivision 2 of section 754 of the family court act, as amended by chapter 7 of the laws of 1999, is amended to read as follows: (ii) in the case of a child who has attained the age of [sixteen] FOURTEEN, the services needed, if any, to assist the child to make the transition from foster care to independent living. Nothing in this subdivision shall be construed to modify the standards for directing S. 2006--B 47 A. 3006--B detention set forth in section seven hundred thirty-nine of this arti- cle. S 21. The closing paragraph of paragraph (b) of subdivision 2 of section 754 of the family court act, as added by chapter 7 of the laws of 1999, is amended to read as follows: If the court determines that reasonable efforts are not required because of one of the grounds set forth above, a permanency hearing shall be held within thirty days of the finding of the court that such efforts are not required. At the permanency hearing, the court shall determine the appropriateness of the permanency plan prepared by the social services official which shall include whether and when the child: (A) will be returned to the parent; (B) should be placed for adoption with the social services official filing a petition for termination of parental rights; (C) should be referred for legal guardianship; (D) should be placed permanently with a fit and willing relative; or (E) should be placed in another planned permanent living arrangement WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD IF THE CHILD IS AGE SIXTEEN OR OLDER AND if the [social services official has documented to the court a compelling reason for determining that it would not be in the best interest of the child to return home, be referred for termination of parental rights and placed for adoption, placed with a fit and willing relative, or placed with a legal guardian] REQUIREMENTS OF SUBPARAGRAPH (E) OF PARAGRAPH (IV) OF SUBDIVISION (D) OF SECTION SEVEN HUNDRED FIFTY-SIX-A OF THIS PART HAVE BEEN MET. The social services official shall thereafter make reasonable efforts to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child as set forth in the permanency plan approved by the court. If reasonable efforts are determined by the court not to be required because of one of the grounds set forth in this paragraph, the social services official may file a petition for termination of parental rights in accordance with section three hundred eighty-four-b of the social services law. S 22. Paragraph (ii) of subdivision (d) of section 756-a of the family court act, as amended by section 4 of part B of chapter 327 of the laws of 2007, is amended to read as follows: (ii) in the case of a child who has attained the age of [sixteen] FOURTEEN, the services needed, if any, to assist the child to make the transition from foster care to independent living; S 23. Paragraphs (iii) and (iv) of subdivision (d) of section 756-a of the family court act, as amended by section 4 of part B of chapter 327 of the laws of 2007, are amended to read as follows: (iii) in the case of a child placed outside New York state, whether the out-of-state placement continues to be appropriate and in the best interests of the child; [and] (iv) whether and when the child: (A) will be returned to the parent; (B) should be placed for adoption with the social services official filing a petition for termination of parental rights; (C) should be referred for legal guardianship; (D) should be placed permanently with a fit and willing relative; or (E) should be placed in another planned permanent living arrangement WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD if THE CHILD IS AGE SIXTEEN OR OLDER AND (1) the social services official has documented to the court [a]: (I) INTENSIVE, ONGOING, AND, AS OF THE DATE OF THE HEAR- ING, UNSUCCESSFUL EFFORTS MADE BY THE SOCIAL SERVICES DISTRICT TO RETURN THE CHILD HOME OR SECURE A PLACEMENT FOR THE CHILD WITH A FIT AND WILL- ING RELATIVE INCLUDING ADULT SIBLINGS, A LEGAL GUARDIAN, OR AN ADOPTIVE S. 2006--B 48 A. 3006--B PARENT, INCLUDING THROUGH EFFORTS THAT UTILIZE SEARCH TECHNOLOGY INCLUD- ING SOCIAL MEDIA TO FIND BIOLOGICAL FAMILY MEMBERS FOR CHILDREN, (II) THE STEPS THE SOCIAL SERVICES DISTRICT IS TAKING TO ENSURE THAT (A) THE CHILD'S FOSTER FAMILY HOME OR CHILD CARE FACILITY IS FOLLOWING THE REASONABLE AND PRUDENT PARENT STANDARD IN ACCORDANCE WITH GUIDANCE PROVIDED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND (B) THE CHILD HAS REGULAR, ONGOING OPPORTUNITIES TO ENGAGE IN AGE OR DEVELOPMENTALLY APPROPRIATE ACTIVITIES INCLUDING BY CONSULTING WITH THE CHILD IN AN AGE-APPROPRIATE MANNER ABOUT THE OPPORTUNITIES OF THE CHILD TO PARTICIPATE IN ACTIVITIES; AND (2) THE SOCIAL SERVICES DISTRICT HAS DOCUMENTED TO THE COURT AND THE COURT HAS DETERMINED THAT THERE ARE compelling [reason] REASONS for determining that it [would] CONTINUES TO not be in the best interest of the child to return home, be referred for termination of parental rights and placed for adoption, placed with a fit and willing relative, or placed with a legal guardian; and (3) THE COURT HAS MADE A DETERMINATION EXPLAINING WHY, AS OF THE DATE OF THE HEARING, ANOTHER PLANNED LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD IS THE BEST PERMANENCY PLAN FOR THE CHILD; AND (V) where the child will not be returned home, consideration of appro- priate in-state and out-of-state placements. S 24. Subdivision (d-1) of section 756-a of the family court act, as added by section 4 of part B of chapter 327 of the laws of 2007, is amended to read as follows: (d-1) At the permanency hearing, the court shall consult with the respondent in an age-appropriate manner regarding the permanency plan; PROVIDED, HOWEVER, THAT IF THE RESPONDENT IS AGE SIXTEEN OR OLDER AND THE REQUESTED PERMANENCY PLAN FOR THE RESPONDENT IS PLACEMENT IN ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT, THE COURT MUST ASK THE RESPONDENT ABOUT THE DESIRED PERMANENCY OUTCOME FOR THE RESPONDENT. S 25. Paragraph (v) of subdivision (c) of section 1039-b of the family court act, as amended by section 5 of part B of chapter 327 of the laws of 2007, is amended to read as follows: (v) should be placed in another planned permanent living arrangement WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD IF THE CHILD IS AGE SIXTEEN OR OLDER AND if the [social services official has documented to the court a compelling reason for determining that it would not be in the best interests of the child to return home, be referred for termination of parental rights and placed for adoption, placed with a fit and willing relative, or placed with a legal guardian] REQUIREMENTS OF CLAUSE (E) OF SUBPARAGRAPH (I) OF PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION ONE THOUSAND EIGHTY-NINE OF THIS CHAPTER HAVE BEEN MET. The social services official shall there- after make reasonable efforts to place the child in a timely manner, including consideration of appropriate in-state and out-of-state place- ments, and to complete whatever steps are necessary to finalize the permanent placement of the child as set forth in the permanency plan approved by the court. If reasonable efforts are determined by the court not to be required because of one of the grounds set forth in this para- graph, the social services official may file a petition for termination of parental rights in accordance with section three hundred eighty-four-b of the social services law. S 26. Item (v) of clause 7 of subparagraph (A) of paragraph (i) of subdivision (b) of section 1052 of the family court act, as amended by S. 2006--B 49 A. 3006--B section 7 of part B of chapter 327 of the laws of 2007, is amended to read as follows: (v) should be placed in another planned permanent living arrangement that includes a significant connection to an adult [who is] willing to be a permanency resource for the child, IF THE CHILD IS AGE SIXTEEN OR OLDER AND if the [social services official has documented to the court a compelling reason for determining that it would not be in the best interest of the child to return home, be referred for termination of parental rights and placed for adoption, placed with a fit and willing relative, or placed with a legal guardian] REQUIREMENTS OF CLAUSE (E) OF SUBPARAGRAPH (I) OF PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION ONE THOUSAND EIGHTY-NINE OF THE CHAPTER HAVE BEEN MET. The social services official shall thereafter make reasonable efforts to place the child in a timely manner, including consideration of appropriate in-state and out-of-state placements, and to complete whatever steps are necessary to finalize the permanent placement of the child as set forth in the permanency plan approved by the court. If reasonable efforts are deter- mined by the court not to be required because of one of the grounds set forth in this paragraph, the social services official may file a peti- tion for termination of parental rights in accordance with section three hundred eighty-four-b of the social services law. S 27. Subparagraph (v) of paragraph 1 of subdivision (c) of section 1089 of the family court act, as added by section 27 of part A of chap- ter 3 of the laws of 2005, is amended to read as follows: (v) placement in another planned permanent living arrangement that includes a significant connection to an adult who is willing to be a permanency resource for the child IF THE CHILD IS AGE SIXTEEN OR OLDER, including documentation of: (A) INTENSIVE, ONGOING, AND, AS OF THE DATE OF THE HEARING, UNSUCCESSFUL EFFORTS TO RETURN THE CHILD HOME OR SECURE A PLACEMENT FOR THE CHILD WITH A FIT AND WILLING RELATIVE INCLUDING ADULT SIBLINGS, A LEGAL GUARDIAN, OR AN ADOPTIVE PARENT, INCLUDING THROUGH EFFORTS THAT UTILIZE SEARCH TECHNOLOGY INCLUDING SOCIAL MEDIA TO FIND BIOLOGICAL FAMILY MEMBERS FOR CHILDREN, (B) THE STEPS BEING TAKEN TO ENSURE THAT (I) THE CHILD'S FOSTER FAMILY HOME OR CHILD CARE FACILITY IS FOLLOWING THE REASONABLE AND PRUDENT PARENT STANDARD IN ACCORDANCE WITH THE GUIDANCE PROVIDED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND (II) THE CHILD HAS REGULAR, ONGOING OPPORTUNITIES TO ENGAGE IN AGE OR DEVELOPMENTALLY APPROPRIATE ACTIVITIES INCLUDING BY CONSULTING WITH THE CHILD IN AN AGE-APPROPRIATE MANNER ABOUT THE OPPOR- TUNITIES OF THE CHILD TO PARTICIPATE IN ACTIVITIES, AND (C) the compel- ling [reason] REASONS for determining that it [would] CONTINUES TO not be in the best interests of the child to be returned home, placed for adoption, placed with a legal guardian, or placed with a fit and willing relative; S 28. The opening paragraph of subdivision (d) of section 1089 of the family court act, as amended by chapter 334 of the laws of 2009, is amended to read as follows: Evidence, court findings and order. The provisions of subdivisions (a) and (c) of section one thousand forty-six of this act shall apply to all proceedings under this article. THE PERMANENCY HEARING SHALL INCLUDE AN AGE APPROPRIATE CONSULTATION WITH THE CHILD; PROVIDED, HOWEVER THAT IF THE CHILD IS AGE SIXTEEN OR OLDER AND THE REQUESTED PERMANENCY PLAN FOR THE CHILD IS PLACEMENT IN ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD, THE COURT MUST ASK THE CHILD ABOUT THE DESIRED PERMANENCY OUTCOME FOR THE CHILD. At the conclusion of each permanency S. 2006--B 50 A. 3006--B hearing, the court shall, upon the proof adduced, [which shall include age-appropriate consultation with the child who is the subject of the permanency hearing,] and in accordance with the best interests and safe- ty of the child, including whether the child would be at risk of abuse or neglect if returned to the parent or other person legally responsi- ble, determine and issue its findings, and enter an order of disposition in writing: S 29. Clause (E) of subparagraph (i) of paragraph 2 of subdivision (d) of section 1089 of the family court act, as added by section 27 of part A of chapter 3 of the laws of 2005, is amended to read as follows: (E) placement in another planned permanent living arrangement that includes a significant connection to an adult willing to be a permanency resource for the child if the [local social services official has docu- mented to] CHILD IS AGE SIXTEEN OR OLDER AND the court [a] HAS DETER- MINED THAT AS OF THE DATE OF THE PERMANENCY HEARING, ANOTHER PLANNED PERMANENCY LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD IS THE BEST PERMANENCY PLAN FOR THE CHILD AND THERE ARE compelling [reason] REASONS for deter- mining that it [would] CONTINUES TO not be in the best interests of the child to return home, be referred for termination of parental rights and placed for adoption, placed with a fit and willing relative, or placed with a legal guardian; S 30. Subdivision 2 of section 4173 of the public health law, as amended by chapter 644 of the laws of 1988, is amended to read as follows: 2. A certified copy or certified transcript of a birth record shall be issued only upon order of a court of competent jurisdiction or upon a specific request therefor by the person, if eighteen years of age or more, or by a parent or other lawful representative of the person to whom the record of birth relates INCLUDING AN AUTHORIZED REPRESENTATIVE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A LOCAL SOCIAL SERVICES DISTRICT IF THE PERSON IS IN THE CARE AND CUSTODY OR CUSTODY AND GUARDI- ANSHIP OF SUCH ENTITY. S 31. Paragraph (b) of subdivision 1 of section 4174 of the public health law, as amended by chapter 396 of the laws of 1989, is amended to read as follows: (b) issue certified copies or certified transcripts of birth certif- icates only (1) upon order of a court of competent jurisdiction, or (2) upon specific request therefor by the person, if eighteen years of age or more, or by a parent or other lawful representative of the person, to whom the record of birth relates INCLUDING AUTHORIZED REPRESENTATIVES OF A LOCAL SOCIAL SERVICES DISTRICT IF THE PERSON IS IN THE CARE AND CUSTO- DY OR CUSTODY AND GUARDIANSHIP OF SUCH DISTRICT, or (3) upon specific request therefor by a department of a state or the federal government of the United States; S 32. Subdivision 4 of section 4174 of the public health law, as amended by section 132 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 4. No fee shall be charged for a search, certification, certificate, certified copy or certified transcript of a record to be used for school entrance, employment certificate or for purposes of public relief or when required by the veterans administration to be used in determining the eligibility of any person to participate in the benefits made avail- able by the veterans administration or when required by a board of elections for the purposes of determining voter eligibility or when requested by the department of corrections and community supervision or S. 2006--B 51 A. 3006--B a local correctional facility as defined in subdivision sixteen of section two of the correction law for the purpose of providing a certi- fied copy or certified transcript of birth to an inmate in anticipation of such inmate's release from custody or when requested by the office of children and family services or an authorized agency for the purpose of providing a certified copy or certified transcript of birth to a youth placed in the CARE AND custody OR CUSTODY AND GUARDIANSHIP of the local commissioner of social services or the CARE AND custody OR CUSTODY AND GUARDIANSHIP of the office of children and family services [pursuant to article three of the family court act] in anticipation of such youth's discharge from placement OR FOSTER CARE. S 33. Subdivision 1 of section 837-e of the executive law, as amended by chapter 690 of the laws of 1994, is amended to read as follows: 1. There is hereby established through electronic data processing and related procedures, a statewide central register for missing children which shall be compatible with the national crime information center register maintained pursuant to the federal missing children act of nineteen hundred eighty-two[, such missing]. AS USED IN THIS ARTICLE, THE TERM MISSING child [hereinafter defined as] SHALL MEAN any person under the age of eighteen years, OR ANY YOUTH, UNDER THE AGE OF TWENTY- ONE YEARS, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A LOCAL DEPARTMENT OF SOCIAL SERVICES HAS RESPONSIBILITY FOR PLACEMENT, CARE, OR SUPERVISION, OR WHO IS THE SUBJECT CHILD OF A CHILD PROTECTIVE INVESTI- GATION, OR IS RECEIVING PREVENTIVE SERVICES OR SERVICES UNDER SECTION 477 OF THE SOCIAL SECURITY ACT, OR HAS RUN AWAY FROM FOSTER CARE, WHERE SUCH OFFICE OR DEPARTMENT HAS REASONABLE CAUSE TO BELIEVE THAT SUCH YOUTH IS, OR IS AT RISK OF BEING, A SEX TRAFFICKING VICTIM, WHO IS miss- ing from his or her normal and ordinary place of residence and whose whereabouts cannot be determined by a person responsible for the child's care and any child known to have been taken, enticed or concealed from the custody of his or her lawful guardian by a person who has no legal right to do so. S 34. 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 35. This act shall take effect immediately, provided however that sections sixteen through thirty-two of this act shall take effect September 1, 2015 and section thirty-three of this act shall take effect January 1, 2016. PART M Section 1. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural rental assistance program, a sum not to exceed twenty-one million six hundred forty-two thousand dollars for the fiscal year ending March 31, 2016. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to S. 2006--B 52 A. 3006--B the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural rental assistance program contracts author- ized by this section, a total sum not to exceed twenty-one million six hundred forty-two thousand dollars, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insur- ance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2014-2015 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2015. Notwithstanding any other provision of law, such funds may be used by the corporation in support of contracts scheduled to expire in the fiscal year ending March 31, 2016 for as many as 10 additional years; in support of contracts for new eligible projects for a period not to exceed 5 years; and in support of contracts which reach their 25 year maximum in and/or prior to the fiscal year ending March 31, 2016 for an additional one year period. S 2. Notwithstanding any other provision of law, the housing finance agency may provide, for costs associated with the rehabilitation of Mitchell Lama housing projects, a sum not to exceed forty-two million dollars for the fiscal year ending March 31, 2016. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing finance agency, for the purposes of reimbursing any costs associated with Mitchell Lama housing projects authorized by this section, a total sum not to exceed forty-two million dollars as soon as practicable but no later than March 31, 2016. S 3. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the neighborhood preserva- tion program, a sum not to exceed eight million four hundred seventy- nine thousand dollars for the fiscal year ending March 31, 2016. Within this total amount, one hundred fifty thousand dollars shall be used for the purpose of entering into a contract with the neighborhood preserva- tion coalition to provide technical assistance and services to companies funded pursuant to article XVI of the private housing finance law. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with neighborhood preservation program contracts authorized by this section, a total sum not to exceed eight million 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- S. 2006--B 53 A. 3006--B ance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2014-2015 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2015. S 4. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural preservation program, a sum not to exceed three million five hundred thirty-nine thousand dollars for the fiscal year ending March 31, 2016. Within this total amount, one hundred fifty thousand dollars shall be used for the purpose of entering into a contract with the rural housing coalition to provide technical assistance and services to companies funded pursuant to article XVII of the private housing finance law. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural preservation program contracts authorized by this section, a total sum not to exceed three million five hundred thirty-nine thousand dollars, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2014-2015 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2015. S 5. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural and urban commu- nity investment fund program created pursuant to article XXVII of the private housing finance law, a sum not to exceed seventeen million dollars for the fiscal year ending March 31, 2016. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural and urban commu- nity investment fund program contracts authorized by this section, a total sum not to exceed seventeen million dollars as soon as practicable but not later than March 31, 2016. S. 2006--B 54 A. 3006--B S 6. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for the purposes of carrying out the provisions of the low income housing trust fund program created pursuant to article XVIII of the private housing finance law, a sum not to exceed seven million five hundred thousand dollars for the fiscal year ending March 31, 2016. Notwithstanding any other provision of law, and provided that reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authori- ties law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accom- plish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation, for the purposes of carrying out the provisions of the low income housing trust fund program created pursuant to article XVIII of the private housing finance law authorized by this section, a total sum not to exceed seven million five hundred thousand dollars as soon as practicable but no later than March 31, 2016. S 7. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the homes for working families program for deposit in the housing trust fund created pursuant to section 59-a of the private housing finance law and subject to the provisions of article XVIII of the private housing finance law, a sum not to exceed eight million five hundred thousand dollars for the fiscal year ending March 31, 2016. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation, for the purposes of reimbursing any costs associated with homes for working families program contracts authorized by this section, a total sum not to exceed eight million five hundred thousand dollars as soon as practicable but no later than March 31, 2016. S 8. Notwithstanding any other provision of law, the homeless housing and assistance corporation may provide, for purposes of the New York state supportive housing program, the solutions to end homelessness program or the operational support for AIDS housing program, or to qual- ified grantees under those programs, in accordance with the requirements of those programs, a sum not to exceed sixteen million three hundred forty thousand dollars for the fiscal year ending March 31, 2016. The homeless housing and assistance corporation may enter into an agreement with the office of temporary and disability assistance to administer such sum in accordance with the requirements of the programs. Notwith- standing any other provision of law, and subject to the approval of the director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the homeless housing and assistance corporation, a total sum not to exceed sixteen million three hundred forty thousand dollars, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insur- ance fund, as determined and certified by the state of New York mortgage S. 2006--B 55 A. 3006--B agency for the fiscal year 2014-2015 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than March 31, 2016. S 9. This act shall take effect immediately. PART N Intentionally Omitted PART O Section 1. The labor law is amended by adding a new section 202-m to read as follows: S 202-M. HEALTHCARE PROFESSIONALS WHO VOLUNTEER TO FIGHT THE EBOLA VIRUS DISEASE OVERSEAS. 1. FINDINGS AND POLICY OF THE STATE. IT IS HERE- BY FOUND AND DECLARED THAT THE EBOLA VIRUS DISEASE IS A RARE AND POTEN- TIALLY DEADLY DISEASE CAUSED BY INFECTION WITH ONE OF FOUR EBOLA VIRUS STRAINS KNOWN TO CAUSE DISEASE IN HUMANS, THAT THE WORLD HEALTH ORGAN- IZATION HAS DECLARED THAT THE CURRENT EBOLA VIRUS DISEASE OUTBREAK IN WEST AFRICA CONSTITUTES A PUBLIC HEALTH EMERGENCY OF INTERNATIONAL CONCERN, AND THAT THE CENTERS FOR DISEASE CONTROL AND PREVENTION OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES HAS REPORTED THAT THE NUMBER OF FUTURE EBOLA VIRUS DISEASE CASES WILL REACH EXTRAORDINARY LEVELS WITHOUT A SCALE-UP OF INTERVENTIONS. IT IS HEREBY DECLARED TO BE THE POLICY OF THE STATE TO WORK WITH ITS INTERNATIONAL PARTNERS TO HELP ERADICATE THE EBOLA VIRUS DISEASE BY SUPPORTING THE DEDICATED NEW YORK STATE HEALTHCARE PROFESSIONALS WHO SEEK TO PROVIDE INVALUABLE HELP TO THIS EFFORT. 2. BILL OF RIGHTS. A HEALTHCARE PROFESSIONAL WHO VOLUNTEERS TO FIGHT EBOLA IS PROTECTED BY EXISTING STATE LAWS THAT PROHIBIT DISCRIMINATION ON THE BASIS OF AN ACTUAL OR PERCEIVED DISABILITY. UPON RETURN FROM FIGHTING EBOLA OVERSEAS, A HEALTHCARE PROFESSIONAL WILL BE PROVIDED WITH A BILL OF RIGHTS OUTLINING THESE EXISTING ANTI-DISCRIMINATION LAWS. IN ADDITION TO THESE EXISTING ANTI-DISCRIMINATION LAWS, AND IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, HEALTHCARE PROFESSIONALS SHALL HAVE THE RIGHT TO SEEK A LEAVE OF ABSENCE TO VOLUNTEER TO FIGHT EBOLA OVER- SEAS WITHOUT ADVERSE EMPLOYMENT CONSEQUENCES. 3. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "EMPLOYEE" MEANS ANY INDIVIDUAL HEALTHCARE PROFESSIONAL WHO PERFORMS SERVICES FOR HIRE FOR AN EMPLOYER BUT SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR. (B) "EMPLOYER" MEANS A PERSON OR ENTITY THAT EMPLOYS A HEALTHCARE PROFESSIONAL AND INCLUDES AN INDIVIDUAL, CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, ASSOCIATION, NONPROFIT ORGANIZATION, GROUP OF PERSONS, COUNTY, TOWN, CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY, STATE AGENCY, OR OTHER GOVERNMENTAL SUBDIVISION OF ANY KIND. (C) "FIGHT EBOLA" MEANS TO SERVE AS A HEALTHCARE PROFESSIONAL IN A COUNTRY THAT HAS BEEN CLASSIFIED AS HAVING WIDESPREAD TRANSMISSION OF S. 2006--B 56 A. 3006--B THE EBOLA VIRUS DISEASE BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (D) "HEALTHCARE PROFESSIONAL" MEANS: (I) A PHYSICIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW; (II) A PHYSICIAN ASSISTANT LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW; (III) A NURSE PRACTITIONER LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE EDUCATION LAW; (IV) A REGISTERED PROFESSIONAL NURSE LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE EDUCATION LAW; AND (V) OTHER HEALTHCARE PROFESSIONS AS ADDED BY THE COMMISSIONER PURSUANT TO SUBDIVISION THIRTEEN OF THIS SECTION. (E) "LEAVE OF ABSENCE" MEANS TIME AWAY FROM WORK THAT IS EXCUSED. SUCH TIME SHALL BE UNPAID, UNLESS THE EMPLOYEE REQUESTS THAT SUCH TIME, OR A PORTION THEREOF, BE PAID PURSUANT TO A CHARGE AGAINST PAID LEAVE THAT HAS ACCRUED TO SUCH EMPLOYEE. (F) "UNDUE HARDSHIP" MEANS AN ABSENCE REQUIRING SIGNIFICANT EXPENSE OR DIFFICULTY, INCLUDING A SIGNIFICANT INTERFERENCE WITH THE SAFE OR EFFI- CIENT OPERATION OF THE WORKPLACE OR A VIOLATION OF A BONA FIDE SENIORITY SYSTEM. FACTORS TO BE CONSIDERED IN DETERMINING WHETHER AN ABSENCE CONSTITUTES AN UNDUE ECONOMIC HARDSHIP SHALL INCLUDE, BUT NOT BE LIMITED TO THE IDENTIFIABLE COST OF THE ABSENCE, INCLUDING THE COSTS OF LOSS OF PRODUCTIVITY AND OF RETRAINING, HIRING OR TRANSFER OF EMPLOYEES, IN RELATION TO THE SIZE AND OPERATING COSTS OF THE EMPLOYER AND OTHER KNOWN OR REASONABLY FORESEEABLE ABSENCES, THE OVERALL FINANCIAL RESOURCES OF THE EMPLOYER, THE NUMBER OF EMPLOYEES AT THE EMPLOYEE'S FACILITY, THE EMPLOYEE'S ROLE WITHIN THE FACILITY, THE TYPE OF OPERATION OF THE EMPLOYER, INCLUDING THE STRUCTURE AND FUNCTIONS OF THE EMPLOYEE WITHIN IT, THE IMPACT ON THE OPERATION OF THE EMPLOYER, AND THE EMPLOYER'S ABILITY TO HIRE TEMPORARY OR NEW EMPLOYEES WITH THE REQUISITE SKILLS TO ENSURE THE EMPLOYER'S CONTINUED OPERATIONS. (G) "VOLUNTEER" MEANS TO FREELY OFFER SERVICES TO FIGHT EBOLA AND INCLUDES SUCH SERVICES WITHOUT REGARD TO WHETHER THEY ARE COMPENSATED. 4. LEAVE OF ABSENCE BY HEALTHCARE PROFESSIONALS WHO VOLUNTEER TO FIGHT EBOLA. AN EMPLOYEE COVERED BY THIS SECTION HAS THE RIGHT TO REQUEST A LEAVE OF ABSENCE TO VOLUNTEER TO FIGHT EBOLA FROM HIS OR HER EMPLOYER AS HEREIN PROVIDED. AN EMPLOYER SHALL GRANT SUCH REQUEST FOR A LEAVE OF ABSENCE TO VOLUNTEER TO FIGHT EBOLA, UNLESS THE EMPLOYEE'S ABSENCE IMPOSES AN UNDUE HARDSHIP ON THE EMPLOYER'S BUSINESS OR OPERATIONS. 5. DURATION OF THE LEAVE OF ABSENCE. (A) THE DURATION OF THE LEAVE OF ABSENCE SHALL BE THE FULL TIME PERIOD REQUESTED BY THE EMPLOYEE, WHICH SHALL INCLUDE TRAVEL TIME, SERVICE VOLUNTEERING TO FIGHT EBOLA, AND A REASONABLE PERIOD OF REST AND RECOVERY. IF THE EMPLOYER DETERMINES THAT AN ABSENCE FOR THAT FULL PERIOD OF TIME WOULD CONSTITUTE AN UNDUE HARD- SHIP, THE EMPLOYER AND EMPLOYEE SHALL WORK TOGETHER TO DETERMINE WHETHER THERE IS A SHORTER PERIOD OF TIME THAT WOULD NOT CONSTITUTE AN UNDUE HARDSHIP THAT WOULD STILL ALLOW THE EMPLOYEE TO VOLUNTEER TO FIGHT EBOLA. IF THE EMPLOYER AND EMPLOYEE AGREE ON A SHORTER PERIOD, THAT SHALL BE THE DURATION OF THE LEAVE OF ABSENCE UNDER THIS PARAGRAPH. OTHERWISE, IF THEY ARE UNABLE TO AGREE ON A SHORTER PERIOD, THE LEAVE OF ABSENCE SHALL BE DEEMED DENIED. (B) THE DURATION OF LEAVE OF ABSENCE, AS DETERMINED PURSUANT TO PARA- GRAPH (A) OF THIS SUBDIVISION SHALL BE EXTENDED TO INCLUDE ANY ADDI- TIONAL PERIOD OF TIME THAT THE EMPLOYEE BECOMES SUBJECT TO A MANDATORY S. 2006--B 57 A. 3006--B QUARANTINE PERIOD IMPOSED AT THE END OF THE EMPLOYEE'S VOLUNTARY SERVICE TO FIGHT EBOLA. 6. LEAVE OF ABSENCE REQUEST. AN EMPLOYEE'S REQUEST FOR A LEAVE OF ABSENCE PURSUANT TO THIS SECTION SHALL BE MADE, IN WRITING, TO HIS OR HER EMPLOYER AT LEAST TWENTY-ONE DAYS PRIOR TO THE EMPLOYEE'S PROPOSED START DATE OF SUCH LEAVE OF ABSENCE. THE EMPLOYEE'S REQUEST SHALL, AT A MINIMUM: (A) IDENTIFY THE DURATION OF LEAVE SOUGHT, INCLUDING THE ANTICIPATED START AND END DATES OF THE VOLUNTEER SERVICE, TOGETHER WITH ANY ADDI- TIONAL TIME SOUGHT FOR TRANSPORTATION AND FOR REST PRIOR TO RETURNING TO WORK; (B) IDENTIFY THE SERVICE TO BE VOLUNTEERED, INCLUDING THE COUNTRY AND THE ORGANIZATION WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING; AND (C) CERTIFY THAT SUCH SERVICE CONSTITUTES VOLUNTEERING TO FIGHT EBOLA, WITHIN THE MEANING OF THIS SECTION. 7. NOTARIZATION. UPON THE EMPLOYER'S REQUEST, AN EMPLOYEE WHO HAS BEEN GRANTED A LEAVE OF ABSENCE IN ACCORDANCE WITH THIS SECTION SHALL PROVIDE HIS OR HER EMPLOYER WITH A NOTARIZED STATEMENT FROM THE ORGANIZATION OR ENTITY WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING. THE STATEMENT SHALL: (A) IDENTIFY THE ANTICIPATED START AND END DATES OF THE VOLUNTEER SERVICE AND THE TERMS OF SERVICE, INCLUDING ANY COMPENSATION AND BENE- FITS TO BE PROVIDED; (B) IDENTIFY THE SERVICE TO BE VOLUNTEERED, INCLUDING THE COUNTRY AND THE ORGANIZATION WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING; AND (C) CERTIFY THAT SUCH SERVICE CONSTITUTES VOLUNTEERING TO FIGHT EBOLA, WITHIN THE MEANING OF THIS SECTION. 8. BENEFITS DURING LEAVE. EMPLOYEES WHO TAKE LEAVE UNDER THIS SECTION SHALL BE RESTORED AT THE COMPLETION OF SUCH LEAVE TO THE SAME OR COMPA- RABLE POSITION WITHOUT LOSS OF SENIORITY, SHALL BE ENTITLED TO PARTIC- IPATE IN INSURANCE OR OTHER BENEFITS OFFERED BY THE EMPLOYER PURSUANT TO ESTABLISHED RULES AND PRACTICES RELATING TO EMPLOYEES ON FURLOUGH OR LEAVE OF ABSENCE IN EFFECT WITH THE EMPLOYER AT THE TIME SUCH EMPLOYEE MADE REQUEST TO TAKE LEAVE OF ABSENCE AS PROVIDED IN THIS SECTION. 9. RETALIATION PROHIBITED. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR REQUESTING OR OBTAINING A LEAVE OF ABSENCE AS PROVIDED BY THIS SECTION. 10. RETENTION OF BENEFITS. THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT OR PREVENT AN EMPLOYER FROM PROVIDING LEAVE IN ADDITION TO LEAVE ALLOWED UNDER ANY OTHER PROVISION OF LAW. THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT AN EMPLOYEE'S RIGHTS WITH RESPECT TO ANY OTHER EMPLOYEE BENEFIT PROVIDED BY LAW, RULE OR REGULATION. 11. COLLECTIVE BARGAINING. NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE, INFRINGE, OR DIMINISH THE RIGHTS AND BENEFITS THAT ACCRUE TO EMPLOYEES THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMINISH THE INTEGRITY OF AN EXISTING COLLECTIVE BARGAINING AGREEMENT. 12. REVIEW OF DENIAL OF LEAVE. AN EMPLOYEE WHOSE REQUEST FOR LEAVE UNDER THIS SECTION HAS BEEN DENIED MAY PETITION THE COMMISSIONER FOR REVIEW OF SUCH DENIAL, WHICH REVIEW SHALL BE EXPEDITIOUSLY CONDUCTED. 13. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS OF THIS SECTION. S 2. This act shall take effect on the thirtieth day after it shall have become a law; provided, however, that subdivision four of section 202-m of the labor law, as added by section one of this act, shall S. 2006--B 58 A. 3006--B expire and be deemed repealed December 1, 2016, and provided, further that this act shall expire and be deemed repealed December 1, 2018. PART P Section 1. Subdivision 3 of section 204 of the labor law, as amended by section 2 of part A of chapter 57 of the laws of 2004, is amended to read as follows: 3. Fees. A fee of two hundred dollars shall be charged the owner or lessee of each boiler internally inspected and seventy-five dollars for each boiler externally inspected by the commissioner, provided however, that the external inspection of multiple boilers connected to a common header or of separate systems owned or leased by the same party and located in the same building, with a combined input which is 300,000 BTU/hour or less, shall be charged a single inspection fee, and further provided that, not more than two hundred seventy-five dollars shall be charged for the inspection of any one boiler for any year; except that [in the case] NO FEE SHALL BE CHARGED FOR INTERNAL OR EXTERNAL INSPECTIONS BY THE COMMISSIONER of an antique steam engine maintained as a hobby and displayed at agricultural fairs and other gatherings[, a fee of twenty-five dollars only shall be charged the owner or lessee thereof for each boiler internally inspected by the commissioner and a fee of twenty-five dollars only shall be charged for each boiler externally inspected by the commissioner, but not more than fifty dollars shall be charged for the inspection of any one such boiler for any year, and except that in the case] OR of a miniature boiler [a fee of fifty dollars only shall be charged for the inspection of any one such boiler for any year. Such fee shall be payable within thirty days after inspection]. S 2. Subdivision 1 of section 212-b of the labor law, as amended by section 6 of part A of chapter 57 of the laws of 2004, is amended to read as follows: 1. No person shall operate a farm labor camp commissary, or cause or allow the operation of a farm labor camp commissary, without a permit from the commissioner to do so, and unless such permit is in full force and effect. Application for such permit shall be made on a form prescribed by the commissioner [and shall be accompanied by a non-re- fundable fee of forty dollars]. S 3. Subdivision 1 of section 74 of chapter 784 of the laws of 1951, constituting the New York state defense emergency act, as amended by section 12 of part A of chapter 57 of the laws of 2004, is amended to read as follows: 1. Employers in defense work may make applications for dispensation pursuant to this article in such manner and upon such forms as the commissioner of labor shall prescribe. [Each application shall be accompanied by a non-refundable fee of forty dollars payable to the commissioner.] The commissioner of labor may, after hearing upon due notice, revoke dispensations not necessary to maintain maximum possible production in defense work. S 4. Subdivision 5 of section 161 of the labor law, as amended by section 1 of part A of chapter 57 of the laws of 2004, is amended to read as follows: 5. If there shall be practical difficulties or unnecessary hardship in carrying out the provisions of this section or the rules promulgated hereunder, the commissioner may make a variation therefrom if the spirit of the act be observed and substantial justice done. Such variation S. 2006--B 59 A. 3006--B shall describe the conditions under which it shall be permitted and shall apply to substantially similar conditions. A properly indexed record of variations shall be kept by the department. [Each application for a variation shall be accompanied by a non-refundable fee of forty dollars.] S 5. Paragraph b of subdivision 4 of section 212-a of the labor law, as amended by section 5 of part A of chapter 57 of the laws of 2004, is amended to read as follows: b. The application for such registration shall be made on a form prescribed by the commissioner, shall contain information on wages, working conditions, housing, and on such other matters as the commis- sioner may prescribe [and shall be accompanied by a non-refundable fee of forty dollars]. Copies of the application, or summaries thereof containing the above information, shall be made available by the commis- sioner to the registrant, and the registrant shall give a copy to each worker, preferably at the time of recruitment, but in no event later than the time of arrival in this state. A copy shall also be kept posted at all times in a conspicuous place in any camp in which such workers are housed. S 6. Paragraph b of subdivision 2 of section 212-a of the labor law, as amended by section 4 of part A of chapter 57 of the laws of 2004, is amended to read as follows: b. The application for such certificate of registration shall be made on a form prescribed by the commissioner, shall contain information on wages, working conditions, housing and on such other matters as the commissioner may prescribe [and shall be accompanied by a non-refundable fee of two hundred dollars]. It shall be countersigned by each grower or processor who utilizes the services of such farm labor contractor, as provided in subdivision three of this section. Copies of the applica- tion, or summaries thereof containing the above information, shall be made available by the commissioner to the registrant, and the registrant shall give a copy to each worker, preferably at the time of recruitment, but in no event later than the time of arrival in this state if the worker comes from outside of the state, or the time of commencement of work if the worker does not come from outside of the state. A copy shall also be kept posted at all times in a conspicuous place in any camp in which such workers are housed. Each applicant shall submit his OR HER fingerprints with his OR HER application for a certificate of registra- tion. Such fingerprints shall be submitted to the division of criminal justice services for a state criminal history record check, as defined in subdivision one of section three thousand thirty-five of the educa- tion law, and may be submitted to the federal bureau of investigation for a national criminal history record check. S 7. Subdivision 2 of section 352 of the labor law is REPEALED. S 8. Subdivisions 5 and 6 of section 919 of the labor law, as added by chapter 565 of the laws of 2002, are amended to read as follows: 5. A professional employer organization shall be exempt from the registration requirements specified in this section [and from the fees specified in section nine hundred twenty of this article] if such professional employer organization: (a) submits a properly executed request for registration and exemption on a form provided by the department; (b) is domiciled outside this state and is licensed or registered as a professional employer organization in another state that has the same or greater requirements as this article; S. 2006--B 60 A. 3006--B (c) does not maintain an office in this state or solicit in any manner clients located or domiciled within this state; and (d) does not have more than twenty-five worksite employees in this state. 6. The registration and exemption of a professional employer organiza- tion under subdivision five of this section shall be valid for one year. [Each de minimis registrant shall pay to the department upon initial registration, and upon each annual renewal thereafter, a registration fee in the amount of two hundred fifty dollars.] S 9. Section 920 of the labor law is REPEALED. S 10. Subdivision 4 of section 134 of the workers' compensation law, as amended by chapter 6 of the laws of 2007, is amended to read as follows: 4. Employers required to participate in the workplace safety and loss prevention program established by this section shall be permitted to utilize the services of either the department of labor, or a private safety and loss consultant which has been certified by the department of labor [and has paid the appropriate certification fee prescribed by rules and regulations promulgated under this section]. Private safety and loss consultants may charge employers a fee for their services[, and where employers elect to have the services provided by the department of labor, they shall pay for such services in accordance with fee schedules established by the department of labor's rules and regulations]. S 11. Subdivision 5 of section 134 of the workers' compensation law is REPEALED. S 12. Subdivision 10 of section 134 of the workers' compensation law, as amended by chapter 6 of the laws of 2007 and as further amended by section 104 of part A of chapter 62 of the laws of 2011, is amended to read as follows: 10. The commissioner of labor, in consultation with the superintendent of financial services, shall promulgate rules and regulations for the certification of safety and loss management specialists. Such rules and regulations shall include provisions that outline the minimum qualifica- tions for safety and loss management specialists, procedures for certif- ication, causes for revocation or suspension of certification and appro- priate administrative and judicial review procedures, AND violations and penalties for misuse of certification by certified safety and loss management specialists[, and fees for certificate and certificate renewal]. S 13. Subdivision 2 of section 345-a of the labor law, as added by chapter 503 of the laws of 1998, is amended to read as follows: 2. For the purposes of this section, the exercise of reasonable care or diligence by a manufacturer or contractor shall be presumed if, prior to the execution of such contract or subcontract, and annually thereaft- er, such manufacturer or contractor receives from the department written assurance of compliance with section three hundred forty-one of this article. [The department may charge a reasonable fee for providing such assurance to a manufacturer or contractor.] S 14. Subdivisions 6 and 7 of section 819 of the labor law are REPEALED and subdivision 5, as amended by chapter 319 of the laws of 2004, is amended to read as follows: 5. The entity possesses a tag issued by the department with an iden- tification number affixed and identifying each machine[;]. S 15. Section 204-a of the labor law is REPEALED. S 16. This act shall take effect immediately. S. 2006--B 61 A. 3006--B PART Q Section 1. Subdivision 2 of section 355 of the education law is amended by adding a new paragraph f-1 to read as follows: F-1. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL PASS A RESOLUTION BY JUNE FIRST, TWO THOUSAND FIFTEEN, TO DEVELOP A PLAN TO MAKE AVAILABLE TO STUDENTS ENROLLED IN AN ACADEMIC PROGRAM OF THE STATE UNIVERSITY OF NEW YORK BEGINNING IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR, APPROVED EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES. SUCH EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES MAY INCLUDE COMPLETION OF ACTIVITIES RELATED TO STUDENTS' PROGRAM OF STUDY, INCLUDING, BUT NOT LIMITED TO, SERVICE-LEARNING ACTIVITIES COMPLETED AS PART OF A COURSE, PAID OR UNPAID INTERNSHIPS, FACULTY-SUPERVISED UNDERGRADUATE PROJECTS AND ACTIVITIES LEADING TO PUBLICATION OF RESEARCH IN JOURNALS OR SIMILAR PUBLICATIONS, PRODUCTION OR PERFORMANCE OF CREATIVE WORKS, AND ITERATIVE "CO-OP" PARTNERSHIPS THAT EXPLICITLY LINK THE CURRICULA TO A TEMPORARY, PAID POSITION IN INDUSTRY OR THE PUBLIC SECTOR. SUCH PLAN, TO BE COMPLETED BY JUNE FIRST, TWO THOUSAND SIXTEEN, SHALL BE DEVELOPED IN CONSULTATION WITH UNIVERSITY FACULTY SENATE, THE FACULTY COUNCIL OF COMMUNITY COLLEGES, THE SUNY STUDENT ASSEMBLY, AND OTHER STAKEHOLDERS. SUCH PLAN SHALL DEFINE APPROVED EXPERIENTIAL OR APPLIED LEARNING ACTIV- ITIES, METHODS OF FACULTY OVERSIGHT AND ASSESSMENT, RESPONSIBILITIES OF BUSINESS, CORPORATE, NON-PROFIT OR OTHER ENTITIES HOSTING STUDENTS, AND INCLUDE A REQUIREMENT FOR COLLECTING AND REPORTING DATA ASSOCIATED WITH SUCH EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES. SUCH PLAN SHALL HAVE EACH COLLEGE EXAMINE THE FEASIBILITY OF INCLUDING SUCH EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES AS A DEGREE REQUIREMENT. SUCH COLLEGE SHALL EXAMINE ITS ABILITY TO ADMINISTER AND PROVIDE SUCH OPPORTUNITIES TO STUDENTS; THE LOCAL COMMUNITY'S CAPACITY TO SUPPORT SUCH EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES; THE IMPACT SUCH REQUIREMENT WOULD HAVE ON THE LOCAL WORKFORCE, IF ANY; POTENTIAL FOR SUCH A REQUIREMENT TO ENHANCE LEARNING OUTCOMES FOR STUDENTS; AND WHETHER ADDING SUCH A REQUIREMENT WOULD CAUSE POTENTIAL DELAYS IN GRADUATION FOR STUDENTS. S 2. Section 6206 of the education law is amended by adding a new subdivision 18 to read as follows: 18. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL PASS A RESOLUTION BY JUNE FIRST, TWO THOUSAND FIFTEEN, TO DEVELOP A PLAN TO MAKE AVAILABLE TO STUDENTS ENROLLED IN AN ACADEMIC PROGRAM OF THE CITY UNIVERSITY OF NEW YORK BEGINNING IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR, APPROVED EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES. SUCH EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES MAY INCLUDE COMPLETION OF ACTIVITIES RELATED TO STUDENTS' PROGRAM OF STUDY, INCLUDING, BUT NOT LIMITED TO, SERVICE-LEARNING ACTIVITIES COMPLETED AS PART OF A COURSE, PAID OR UNPAID INTERNSHIPS, FACULTY-SUPERVISED UNDERGRADUATE PROJECTS AND ACTIVITIES LEADING TO PUBLICATION OF RESEARCH IN JOURNALS OR SIMILAR PUBLICATIONS, PRODUCTION OR PERFORMANCE OF CREATIVE WORKS, AND ITERATIVE "CO-OP" PARTNERSHIPS THAT EXPLICITLY LINK THE CURRICULA TO A TEMPORARY, PAID POSITION IN INDUSTRY OR THE PUBLIC SECTOR. SUCH PLAN, TO BE COMPLETED BY JUNE FIRST, TWO THOUSAND SIXTEEN, SHALL BE DEVELOPED IN CONSULTATION WITH UNIVERSITY FACULTY SENATE, THE UNIVERSITY STUDENT SENATE AND OTHER STAKEHOLDERS. SUCH PLAN SHALL DEFINE APPROVED EXPERIEN- TIAL OR APPLIED LEARNING ACTIVITIES, METHODS OF FACULTY OVERSIGHT AND ASSESSMENT, RESPONSIBILITIES OF BUSINESS, CORPORATE, NON-PROFIT OR OTHER ENTITIES HOSTING STUDENTS, AND INCLUDE A REQUIREMENT FOR COLLECTING AND S. 2006--B 62 A. 3006--B REPORTING DATA ASSOCIATED WITH SUCH EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES. SUCH PLAN SHALL HAVE EACH COLLEGE EXAMINE THE FEASIBILITY OF INCLUDING SUCH EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES AS A DEGREE REQUIREMENT. SUCH COLLEGE SHALL EXAMINE ITS ABILITY TO ADMINISTER AND PROVIDE SUCH OPPORTUNITIES TO STUDENTS; THE LOCAL COMMUNITY'S CAPACITY TO SUPPORT SUCH EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES; THE IMPACT SUCH REQUIREMENT WOULD HAVE ON THE LOCAL WORKFORCE, IF ANY; POTENTIAL FOR SUCH A REQUIREMENT TO ENHANCE LEARNING OUTCOMES FOR STUDENTS; AND WHETHER ADDING SUCH A REQUIREMENT WOULD CAUSE POTENTIAL DELAYS IN GRADU- ATION FOR STUDENTS. S 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2015. PART R Section 1. Paragraph (a) of subdivision 1 of section 1 of part U of chapter 57 of the laws of 2005, relating to the New York state higher education capital matching grant program for independent colleges, as amended by section 1 of part H of chapter 56 of the laws of 2014, is amended to read as follows: (a) The New York state higher education capital matching grant board is hereby created to have and exercise the powers, duties and preroga- tives provided by the provisions of this section and any other provision of law. The board shall remain in existence during the period of the New York state higher education capital matching grant program from the effective date of this section through [March 31, 2017, or] the date on which the last of the funds available for grants under this section shall have been disbursed[, whichever is earlier]; provided, however, that the termination of the existence of the board shall not affect the power and authority of the dormitory authority to perform its obli- gations with respect to any bonds, notes, or other indebtedness issued or incurred pursuant to authority granted in this section. S 2. Paragraph (h) of subdivision 4 of section 1 of part U of chapter 57 of the laws of 2005, relating to the New York state higher education capital matching grant program for independent colleges, as amended by section 2 of part H of chapter 56 of the laws of 2014, is amended to read as follows: (h) In the event that any colleges do not apply for higher education capital matching grants by March 31, 2009, or in the event they apply for and are awarded, but do not use the full amount of such grants, the unused funds associated with such grants and any additional funds that become available shall thereafter be awarded to colleges on a compet- itive basis. The dormitory authority shall develop a request for proposals and application process, in consultation with the board, for higher education capital matching grants awarded pursuant to this para- graph, and shall develop criteria, subject to review by the board, for the awarding of such grants. Such criteria may include, but not be limited to the matching criteria contained in paragraph (c) of this subdivision, and application criteria set forth in paragraph (e) of this subdivision. [The dormitory authority shall require all applications in response to the request for proposals to be submitted by September 1, 2014, and the board shall act on each application for such matching grants by November 1, 2014.] S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of section 1 of part U of chapter 57 of the laws of 2005, relating to the New York state higher education capital matching grant program for inde- S. 2006--B 63 A. 3006--B pendent colleges, as amended by section 3 of part H of chapter 56 of the laws of 2014, is amended to read as follows: (A) Notwithstanding the provision of any general or special law to the contrary, and subject to the provisions of chapter 59 of the laws of 2000 and to the making of annual appropriations therefor by the legisla- ture, in order to assist the dormitory authority in providing such high- er education capital matching grants, the director of the budget is authorized in any state fiscal year commencing April 1, 2005 or any state fiscal year thereafter [for a period ending on March 31, 2017], to enter into one or more service contracts, none of which shall exceed 30 years in duration, with the dormitory authority, upon such terms as the director of the budget and the dormitory authority agree. S 4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter 57 of the laws of 2005, relating to the New York state higher education capital matching grant program for independent colleges, as amended by section 4 of part H of chapter 56 of the laws of 2014, is amended to read as follows: (b) Any eligible institution receiving a grant pursuant to this arti- cle shall report to the dormitory authority [no later than June 1, 2018,] on the use of funding received and its programmatic and economic impact NO LATER THAN TWELVE MONTHS AFTER THE COMPLETION OF THE PROJECT. The dormitory authority shall submit a report [no later than November 1, 2018] to the governor, the director of the budget, the temporary presi- dent of the senate, and the speaker of the assembly on the aggregate impact of the higher education [matching] capital MATCHING grant program NO LATER THAN EIGHTEEN MONTHS AFTER THE COMPLETION OF THE LAST PROJECT. Such report shall provide information on the progress and economic impact of such [project] PROJECTS. S 5. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2015. PART S Section 1. Section 904 of the labor law is amended by adding two new subdivisions 2-a and 2-b to read as follows: 2-A. THE PROJECT NOTIFICATION FEE IMPOSED BY SUBDIVISION TWO OF THIS SECTION SHALL BE WAIVED IF THE PROJECT IS BEING UNDERTAKEN BY OR ON BEHALF OF A CITY, TOWN, VILLAGE, OR COUNTY THAT IS ABATING OR DEMOLISH- ING A BUILDING THAT IS A PUBLIC NUISANCE OR UNSAFE. SUCH WAIVER SHALL APPLY ONLY IF THE CITY, TOWN, VILLAGE OR COUNTY CERTIFIES IN WRITING THAT THE PROJECT COST WILL EXCEED THE RESULTING VALUE OF THE PROPERTY. 2-B. THE PROJECT NOTIFICATION FEE IMPOSED BY SUBDIVISION TWO OF THIS SECTION SHALL BE WAIVED IF THE PROJECT IS BEING UNDERTAKEN: (A) PURSUANT TO A PLAN ADOPTED PURSUANT TO ARTICLE FIFTEEN OF THE GENERAL MUNICIPAL LAW; (B) PURSUANT TO A PLAN ADOPTED PURSUANT TO ARTICLE EIGHTEEN-C OF THE GENERAL MUNICIPAL LAW; OR (C) BY OR ON BEHALF OF A LAND BANK OPERAT- ING PURSUANT TO ARTICLE SIXTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW. S 2. This act shall take effect immediately. PART T Section 1. Section 13 of chapter 141 of the laws of 1994, amending the legislative law and the state finance law relating to the operation and administration of the legislature, as amended by section 2 of part K of chapter 55 of the laws of 2014, is amended to read as follows: S. 2006--B 64 A. 3006--B S 13. This act shall take effect immediately and shall be deemed to have been in full force and effect as of April 1, 1994, provided that, the provisions of section 5-a of the legislative law as amended by sections two and two-a of this act shall take effect on January 1, 1995, and provided further that, the provisions of article 5-A of the legisla- tive law as added by section eight of this act shall expire June 30, [2015] 2016 when upon such date the provisions of such article shall be deemed repealed; and provided further that section twelve of this act shall be deemed to have been in full force and effect on and after April 10, 1994. S 2. This act shall take effect immediately, provided, however, if this act shall take effect on or after June 30, 2015 this act shall be deemed to have been in full force and effect on and after June 30, 2015. PART U Section 1. The state finance law is amended by adding a new section 99-w to read as follows: S 99-W. SUNY DSRIP ESCROW FUND. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, REGULATION, OR PRACTICE TO THE CONTRARY, 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 DSRIP ESCROW FUND" WHICH SHALL BE AVAILABLE WITH- OUT FISCAL YEAR LIMITATION. 2. THE SUNY DSRIP ESCROW FUND SHALL CONSIST OF (I) MONIES TRANSFERRED TO SUNY HOSPITAL FACILITIES, ACTING AS LEAD PROVIDERS UNDER THE DELIVERY SYSTEM REFORM INCENTIVE PAYMENT PROGRAM FROM THE MEDICAID MANAGEMENT INFORMATION SYSTEM (MMIS) STATEWIDE ESCROW FUND (179) TO PROVIDE FUNDS TO SUNY HOSPITAL FACILITIES TO MAKE THOSE PAYMENTS SPECIFIED IN SUBDIVI- SION THREE OF THIS SECTION THAT ARE AUTHORIZED BY NEW YORK STATE'S SECTION 1115 WAIVER PARTNERSHIP PLAN PURSUANT TO SECTION 1115 OF TITLE XI OF THE SOCIAL SECURITY ACT, AND (II) MONIES TRANSFERRED BY SUNY FROM A STATE UNIVERSITY HEALTH CARE ACCOUNT REFERENCED IN SUBDIVISION EIGHT-A OF SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW TO PAY ANY AMOUNT OWED BY A SUNY HOSPITAL TO A PERFORMING PROVIDER SYSTEM FOR WHICH SUCH SUNY HOSPITAL IS THE LEAD PROVIDER RESULTING FROM A SUCCESSFUL PAYMENT DISTRIBUTION CHALLENGE BY SUCH PERFORMING PROVIDER SYSTEM. NOTWITHSTANDING ANY LAW TO THE CONTRARY, SUCH AMOUNTS OWED BY A SUNY HOSPITAL MAY BE TRANSFERRED WITHOUT APPROPRIATION BY SUNY FROM THE HEALTH CARE ACCOUNT REFERENCED IN SUBDIVISION EIGHT-A OF SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW TO THE SUNY DSRIP ESCROW FUND. 3. MONIES OF THE SUNY DSRIP ESCROW FUND SHALL BE EXPENDED ONLY FOR SUCH PURPOSES AS AUTHORIZED UNDER THE DELIVERY SYSTEM REFORM INCENTIVE PAYMENT PROGRAM OF NEW YORK STATE'S SECTION 1115 WAIVER PARTNERSHIP PLAN PURSUANT TO SECTION 1115 OF TITLE XI OF THE SOCIAL SECURITY ACT. NOTWITHSTANDING ANY OTHER LAW, RULE, REGULATION OR PRACTICE TO THE CONTRARY, UPON THE REQUEST OF THE CHANCELLOR OF SUNY, OR HER OR HIS DESIGNEE, PAYMENTS FROM THE SUNY DSRIP ESCROW FUND SHALL BE MADE, SOLELY AND EXCLUSIVELY TO CENTRAL NEW YORK CARE COLLABORATIVE, INC. AND SB CLINICAL NETWORK IPA, LLC, OR ANY SUCCESSOR IN INTEREST TO EITHER ENTI- TY, AS NECESSARY TO IMPLEMENT THE DISTRIBUTION OF THE NET AWARD OF HEALTH CARE DELIVERY SYSTEM REFORM INCENTIVE PAYMENTS IN ACCORDANCE WITH THE METHODOLOGY AND DISTRIBUTION PLAN FOR AWARD DISTRIBUTION ADOPTED AND AMENDED FROM TIME TO TIME BY THE PERFORMING PROVIDER SYSTEM FOR WHICH A SUNY HOSPITAL IS THE LEAD PROVIDER. S. 2006--B 65 A. 3006--B S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2015. PART V Section 1. Subdivision 6 of section 665 of the education law is amended by adding a new paragraph e to read as follows: E. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH C OF THIS SUBDIVISION, FOR STUDENTS WHO ARE DISABLED AS DEFINED BY THE AMERICANS WITH DISABILI- TIES ACT OF 1990, 42 USC 12101, AND WHO RECEIVE THEIR FIRST STATE AWARD DURING THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN ACADEMIC YEAR AND THER- EAFTER SHALL MAKE SATISFACTORY PROGRESS TOWARD COMPLETION OF THE PROGRAM'S ACADEMIC REQUIREMENTS AS PROVIDED IN THIS PARAGRAPH. FOR PURPOSES OF THIS SUBDIVISION, "REASONABLE PROGRESS TOWARD THE COMPLETION OF THE PROGRAM" SHALL MEAN A STUDENT MUST COMPLETE, AT A MINIMUM, THE FOLLOWING REQUIREMENTS AT THE TIME OF CERTIFICATION; PROVIDED THAT NOTH- ING SHALL PREVENT A COLLEGE FROM DEVELOPING STRICTER STANDARDS TO MEAS- URE REASONABLE PROGRESS: (I) FOR STUDENTS WHO ARE DISABLED AS DEFINED BY THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 USC 12101, FIRST RECEIVING AID IN TWO THOU- SAND TEN--TWO THOUSAND ELEVEN AND THEREAFTER, AND ENROLLED IN FOUR-YEAR OR FIVE-YEAR UNDERGRADUATE PROGRAMS WHOSE TERMS ARE ORGANIZED IN SEMES- TERS: BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH 9TH 10TH CERTIFIED FOR THIS PAYMENT A STUDENT MUST 0 3 9 21 33 45 60 75 90 105 HAVE ACCRUED AT LEAST THIS MANY CREDITS WITH AT LEAST 0 1.5 1.8 1.8 2.0 2.0 2.0 2.0 2.0 2.0 THIS GRADE POINT AVERAGE (II) FOR STUDENTS WHO ARE DISABLED AS DEFINED BY THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 USC 12101, FIRST RECEIVING AID IN TWO THOU- SAND TEN--TWO THOUSAND ELEVEN AND THEREAFTER, AND ENROLLED IN TWO-YEAR UNDERGRADUATE PROGRAMS WHOSE TERMS ARE ORGANIZED IN SEMESTERS: BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH CERTIFIED FOR THIS PAYMENT A STUDENT 0 3 9 18 30 42 51 60 MUST HAVE ACCRUED AT LEAST THIS MANY CREDITS WITH AT LEAST 0 1.3 1.5 1.8 2.0 2.0 2.0 2.0 THIS GRADE S. 2006--B 66 A. 3006--B POINT AVERAGE (III) FOR STUDENTS WHO ARE DISABLED AS DEFINED BY THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 USC 12101, FIRST RECEIVING AID IN TWO THOU- SAND TEN--TWO THOUSAND ELEVEN AND THEREAFTER, AND ENROLLED IN FOUR-YEAR OR FIVE-YEAR UNDERGRADUATE PROGRAMS WHOSE TERMS ARE ORGANIZED ON A TRIMESTER BASIS: BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH CERTIFIED FOR THIS PAYMENT A STUDENT 0 2 4 9 17 25 33 40 MUST HAVE ACCRUED AT LEAST THIS MANY CREDITS WITH AT LEAST 0 1.1 1.5 1.5 1.8 2.0 2.0 2.0 THIS GRADE POINT AVERAGE AND, BEFORE BEING 9TH 10TH 11TH 12TH 13TH 14TH 15TH CERTIFIED FOR THIS PAYMENT A STUDENT 50 60 70 80 90 100 110 MUST HAVE ACCRUED AT LEAST THIS MANY CREDITS WITH AT LEAST 2.0 2.0 2.0 2.0 2.0 2.0 2.0 THIS GRADE POINT AVERAGE (IV) FOR STUDENTS WHO ARE DISABLED AS DEFINED BY THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 USC 12101, FIRST RECEIVING AID IN TWO THOU- SAND TEN--TWO THOUSAND ELEVEN AND THEREAFTER, AND ENROLLED IN TWO-YEAR UNDERGRADUATE PROGRAMS WHOSE TERMS ARE ORGANIZED ON A TRIMESTER BASIS: BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH CERTIFIED FOR THIS PAYMENT A STUDENT 0 2 4 9 15 21 30 37 MUST HAVE ACCRUED AT LEAST THIS MANY CREDITS S. 2006--B 67 A. 3006--B WITH AT LEAST 0 1.0 1.3 1.5 1.5 1.8 2.0 2.0 THIS GRADE POINT AVERAGE AND, BEFORE BEING 9TH 10TH 11TH 12TH CERTIFIED FOR THIS PAYMENT A STUDENT 45 50 55 60 MUST HAVE ACCRUED AT LEAST THIS MANY CREDITS WITH AT LEAST 2.0 2.0 2.0 2.0 THIS GRADE POINT AVERAGE (V) NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR REGULATION TO THE CONTRARY, UPON EACH CERTIFICATION, PAYMENT ELIGIBILITY SHALL BE DETER- MINED AND MEASURED PROPORTIONALLY IN EQUIVALENCE WITH FULL TIME STUDY FOR STUDENTS WHO ARE DISABLED AS DEFINED BY THE AMERICANS WITH DISABILI- TIES ACT OF 1990, 42 USC 12101. S 2. This act shall take effect immediately. PART W Section 1. Subdivision 8 of section 695-e of the education law, as amended by chapter 593 of the laws of 2003, is amended to read as follows: 8. No account owner or designated beneficiary of any account shall be permitted to direct the investment of any contributions to an account or the earnings thereon MORE THAN TWO TIMES IN ANY CALENDAR YEAR. S 2. This act shall take effect immediately. PART X Section 1. The education law is amended by adding a new section 6456 to read as follows: S 6456. FOSTER YOUTH COLLEGE SUCCESS INITIATIVE. 1. SUBJECT TO AN APPROPRIATION, THE COMMISSIONER SHALL ALLOCATE THE FUNDS AVAILABLE FOR THE FOSTER YOUTH COLLEGE SUCCESS INITIATIVE FOR THE PURPOSE OF PROVIDING SUPPORT SERVICES TO ASSIST YOUTH IN FOSTER CARE TO APPLY FOR, ENROLL IN, AND SUCCEED IN COLLEGE. SUCH GRANTS SHALL BE AWARDED TO INSTITUTIONS OF THE STATE UNIVERSITY OF NEW YORK AND INSTITUTIONS OF THE CITY UNIVERSITY OF NEW YORK, AND THE COMMISSIONER SHALL ENTER INTO CONTRACTS WITH DEGREE-GRANTING INSTITUTIONS IN NEW YORK THAT ARE CURRENTLY FUNDED BY THE ARTHUR O. EVE HIGHER EDUCATION OPPORTUNITY PROGRAM PURSUANT TO SECTION SIXTY-FOUR HUNDRED FIFTY-ONE OF THIS ARTICLE FOR THE PURPOSE OF PROVIDING ADDITIONAL SERVICES AND EXPENSES TO EXPAND OPPORTUNITIES FOR FOSTER YOUTH. 2. FOR THE PURPOSES OF THIS SECTION, "FOSTER YOUTH" SHALL MEAN STUDENTS WHO HAVE QUALIFIED AS AN ORPHAN, FOSTER CHILD OR WARD OF THE S. 2006--B 68 A. 3006--B COURT FOR THE PURPOSES OF FEDERAL STUDENT FINANCIAL AID PROGRAMS AUTHOR- IZED BY TITLE IV OF THE HIGHER EDUCATION ACT OF 1965, AS AMENDED. 3. FUNDS APPROPRIATED 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. 4. FUNDS FOR ALL PROGRAMS UNDER THIS SECTION SHALL BE AWARDED IN EQUAL AMOUNTS PER FOSTER YOUTH TO EACH INSTITUTION THAT APPLIES FOR FUNDING ALLOCATED TO ITS SECTOR DISTRIBUTION AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION AND HAS AN APPLICATION THAT IS APPROVED BY THE COMMISSION- ER. 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, 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 EACH YEAR DEMONSTRATING A NEED FOR SUCH FUNDING, INCLUDING HOW THE FUNDING WOULD BE USED AND HOW MANY FOSTER YOUTH WOULD BE ASSISTED WITH SUCH FUNDING. SUCCESSFUL APPLI- CANTS WILL BE FUNDED AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION. 7. NO FUNDS PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO SUPPORT THE REGULAR ACADEMIC PROGRAMS OF ANY INSTITUTION PARTICIPATING IN THIS PROGRAM, NOR SHALL FUNDS BE PROVIDED FOR PROGRAMS WHICH ARE INCOMPATIBLE WITH THE REGENTS PLAN FOR THE EXPANSION AND DEVELOPMENT OF HIGHER EDUCATION IN THIS STATE. S 2. This act shall take effect on July 1, 2015; 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 is authorized. PART Y Section 1. Section 6306 of the education law is amended by adding a new subdivision 10 to read as follows: 10. THE BOARDS OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK COMMU- NITY COLLEGES SHALL CONSULT WITH BOARDS OF COOPERATIVE EDUCATIONAL SERVICES (BOCES) TO IDENTIFY NEW OR EXISTING PROGRAMS OFFERED TO STUDENTS THAT WOULD ALLOW A STUDENT TO PURSUE AN ASSOCIATE OF OCCUPA- TIONAL STUDIES (AOS) DEGREE FROM A COMMUNITY COLLEGE UPON HIGH SCHOOL GRADUATION. ONCE IDENTIFIED, BOCES IN COLLABORATION WITH THE COMMUNITY COLLEGE BOARDS OF TRUSTEES SHALL MAKE SUCH PATH, IDENTIFIED PROGRAMS, AND AOS DEGREE OPTIONS KNOWN TO ENSURE THAT STUDENTS ARE AWARE THAT SUCH OPTIONS EXIST. SUCH NOTIFICATION MAY BEGIN AS EARLY AS THE SEVENTH S. 2006--B 69 A. 3006--B GRADE. PROVIDED HOWEVER, THAT SUCH BOARDS AND BOCES SHALL NOT TAKE ANY ACTION TO DIRECT OR SUGGEST THAT A STUDENT SHOULD PURSUE A PARTICULAR DEGREE OR PATHWAY. S 2. This act shall take effect August 1, 2015. PART Z Section 1. The education law is amended by adding a new section 669-g to read as follows: S 669-G. THE NEW YORK STATE ACHIEVEMENT AND INVESTMENT IN MERIT SCHOL- ARSHIP (NY-AIMS). 1. PURPOSE. THE NEW YORK STATE ACHIEVEMENT AND INVEST- MENT IN MERIT SCHOLARSHIP (NY-AIMS) IS HEREBY ESTABLISHED FOR THE PURPOSE OF GRANTING MERIT BASED SCHOLARSHIP AWARDS TO NEW YORK STATE HIGH SCHOOL GRADUATES WHO ACHIEVE ACADEMIC EXCELLENCE. 2. ELIGIBILITY. TO BE ELIGIBLE FOR SUCH AWARDS, AN APPLICANT MUST HAVE GRADUATED FROM A NEW YORK STATE HIGH SCHOOL, ENROLLED IN AN APPROVED UNDERGRADUATE PROGRAM OF STUDY IN A NEW YORK STATE POST-SECONDARY INSTI- TUTION BEGINNING IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR OR THEREAFTER, AND ACHIEVED AT LEAST TWO OF THE FOLLOWING DURING HIGH SCHOOL: A. GRADUATED WITH A GRADE POINT AVERAGE OF 3.3 OR ABOVE; B. GRADUATED WITH A "WITH HONORS" DISTINCTION ON A NEW YORK STATE REGENTS DIPLOMA OR RECEIVED A SCORE OF 3 OR HIGHER ON TWO OR MORE ADVANCED PLACEMENT EXAMINATIONS; OR C. GRADUATED WITHIN THE TOP FIFTEEN PERCENT OF THEIR HIGH SCHOOL CLASS, PROVIDED THAT ACTUAL CLASS RANK MAY BE TAKEN INTO CONSIDERATION. 3. PRIORITY. A. SUCH AWARDS SHALL BE MADE TO ELIGIBLE APPLICANTS IN THE FOLLOWING PRIORITY: (I) FIRST, TO APPLICANTS WHO HAVE RECEIVED PAYMENT OF AN AWARD PURSU- ANT TO THIS SECTION IN A PRIOR YEAR AND REMAIN IN GOOD ACADEMIC STAND- ING; AND (II) SECOND, TO APPLICANTS IN DESCENDING ORDER BASED ON THE UNMET NEED TO REACH THE FULL COST OF ATTENDANCE AS INDICATED ON THE FINANCIAL AID AWARD LETTER. HOWEVER, IN THE PROGRAM'S FIRST YEAR, FIRST PRIORITY SHALL BE IN ACCORDANCE WITH SUBPARAGRAPH (II) OF THIS PARAGRAPH. B. IN THE EVENT THAT THERE ARE MORE APPLICANTS WHO HAVE THE SAME PRIORITY THAN THERE ARE REMAINING SCHOLARSHIPS, THE PRESIDENT SHALL DISTRIBUTE THE REMAINING NUMBER OF SUCH SCHOLARSHIPS BY MEANS OF A LOTTERY OR OTHER FORM OF RANDOM SELECTION. C. IN EACH YEAR, THE AWARDS MADE SHALL BE PROPORTIONATE TO THE TOTAL APPLICATIONS RECEIVED FOR STUDENTS ACCEPTED FOR UNDERGRADUATE STUDY AT PUBLIC AND PRIVATE NOT-FOR-PROFIT DEGREE GRANTING INSTITUTIONS. 4. AWARDS. WITHIN AMOUNTS APPROPRIATED THEREFOR, THE PRESIDENT SHALL GRANT AN ANNUAL AWARD TO ELIGIBLE APPLICANTS ON A COMPETITIVE BASIS PURSUANT TO SUBDIVISIONS TWO AND THREE OF THIS SECTION IN THE AMOUNT OF FIVE HUNDRED DOLLARS FOR NOT MORE THAN FOUR ACADEMIC YEARS OF UNDERGRAD- UATE STUDY, OR FIVE ACADEMIC YEARS, IF THE PROGRAM OF STUDY NORMALLY REQUIRES FIVE YEARS AS DEFINED BY THE COMMISSIONER PURSUANT TO ARTICLE THIRTEEN OF THIS CHAPTER. UP TO FIVE THOUSAND AWARDS MAY BE GRANTED TO NEW RECIPIENTS ANNUALLY. 5. OFFSET. SUCH AWARDS MAY BE USED TO OFFSET THE APPLICANT'S TOTAL COST OF ATTENDANCE DETERMINED FOR FEDERAL TITLE IV STUDENT FINANCIAL AID PURPOSES. S. 2006--B 70 A. 3006--B 6. RULES. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGU- LATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION. S 2. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2015. PART AA Section 1. Section 25-a of the labor law, as added by section 1 of part D of chapter 56 of the laws of 2011, subdivision (a) as amended by section 3, subdivision (c) as amended by section 4 and subdivision (f) as amended by section 5 of part U of chapter 59 of the laws of 2014, and subdivision (b) as amended by section 1 and subdivision (d) as amended by section 2 of part DD of chapter 59 of the laws of 2013, is amended to read as follows: S 25-a. Power to administer the [New York] URBAN youth [works] JOBS PROGRAM tax credit [program]. (a) The commissioner is authorized to establish and administer the [New York youth works tax credit] program ESTABLISHED UNDER THIS SECTION to provide tax incentives to employers for employing at risk youth in part-time and full-time positions. There will be five distinct pools of tax incentives. Program one will cover tax incentives allocated for two thousand twelve and two thousand thir- teen. Program two will cover tax incentives allocated in two thousand fourteen [to be used in two thousand fourteen and fifteen]. Program three will cover tax incentives allocated in two thousand fifteen [to be used in two thousand fifteen and sixteen]. Program four will cover tax incentives allocated in two thousand sixteen [to be used in two thousand sixteen and seventeen]. Program five will cover tax incentives allocated in two thousand seventeen [to be used in two thousand seventeen and eighteen]. 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, [ten] AND TWENTY million dollars of tax credits under [program] EACH OF PROGRAMS three, [ten million dollars of tax credits under program] four, [ten million dollars of tax credits under program] AND five. (b) Definitions. (1) The term "qualified employer" means an employer that has been certified by the commissioner to participate in the [New York youth works tax credit] program ESTABLISHED UNDER THIS SECTION and that employs one or more qualified employees. (2) The term "qualified employee" means an individual: (i) who is between the age of sixteen and twenty-four; (ii) who resides in a city with a population of fifty-five thousand or more or a town with a population of four hundred eighty thousand or more; (iii) who is low-income or at-risk, as those terms are defined by the commissioner; (iv) who is unemployed prior to being hired by the qualified employer; and (v) who will be working for the qualified employer in a full-time or part-time position that pays wages that are equivalent to the wages paid for similar jobs, with appropriate adjustments for experience and train- ing, and for which no other employee has been terminated, or where the employer has not otherwise reduced its workforce by involuntary termi- nations with the intention of filling the vacancy by creating a new hire. S. 2006--B 71 A. 3006--B (c) A qualified employer shall be entitled to a tax credit equal to (1) five hundred dollars per month for up to six months for each quali- fied employee the employer employs in a full-time job or two hundred fifty dollars per month for up to six months for each qualified employee the employer employs in a part-time job of at least twenty hours per week or ten hours per week when the qualified employee is enrolled in high school full-time, (2) one thousand dollars for each qualified employee who is employed for at least an additional six months by the qualified employer in a full-time job or five hundred dollars for each qualified employee who is employed for at least an additional six months by the qualified employer in a part-time job of at least twenty hours per week or ten hours per week when the qualified employee is enrolled in high school full-time, and (3) an additional one thousand dollars for each qualified employee who is employed for at least an additional year after the first year of the employee's employment by the qualified employer in a full-time job or five hundred dollars for each qualified employee who is employed for at least an additional year after the first year of the employee's employment by the qualified employer in a part- time job of at least twenty hours per week or ten hours per week when the qualified employee is enrolled in high school full time. The tax credits shall be claimed by the qualified employer as specified in subdivision [forty-four] THIRTY-SIX of section two hundred [ten] TEN-B and subsection (tt) of section six hundred six of the tax law. (d) To participate in the [New York youth works tax credit] program ESTABLISHED UNDER THIS SECTION, an employer must submit an application (in a form prescribed by the commissioner) to the commissioner after January first, two thousand twelve but no later than November thirtieth, two thousand twelve for program one, after January first, two thousand fourteen but no later than November thirtieth, two thousand fourteen for program two, after January first, two thousand fifteen but no later than November thirtieth, two thousand fifteen for program three, after Janu- ary first, two thousand sixteen but no later than November thirtieth, two thousand sixteen for program four, and after January first, two thousand seventeen but no later than November thirtieth, two thousand seventeen for program five. The qualified employees must start their employment on or after January first, two thousand twelve but no later than December thirty-first, two thousand twelve for program one, on or after January first, two thousand fourteen but no later than December thirty-first, two thousand fourteen for program two, on or after January first, two thousand fifteen but no later than December thirty-first, two thousand fifteen for program three, on or after January first, two thou- sand sixteen but no later than December thirty-first, two thousand sixteen for program four, and on or after January first, two thousand seventeen but no later than December thirty-first, two thousand seven- teen for program five. The commissioner shall establish guidelines and criteria that specify requirements for employers to participate in the program including criteria for certifying qualified employees. Any regu- lations that the commissioner determines are necessary may be adopted on an emergency basis notwithstanding anything to the contrary in section two hundred two of the state administrative procedure act. Such require- ments may include the types of industries that the employers are engaged in. The commissioner may give preference to employers that are engaged in demand occupations or industries, or in regional growth sectors, including those identified by the regional economic development coun- cils, such as clean energy, healthcare, advanced manufacturing and conservation. In addition, the commissioner shall give preference to S. 2006--B 72 A. 3006--B employers who offer advancement and employee benefit packages to the qualified individuals. (e) If, after reviewing the application submitted by an employer, the commissioner determines that such employer is eligible to participate in the [New York youth works tax credit] program ESTABLISHED UNDER THIS SECTION, the commissioner shall issue the employer a certificate of eligibility that establishes the employer as a qualified employer. The certificate of eligibility shall specify the maximum amount of [New York youth works] tax credit that the employer will be allowed to claim. (f) The commissioner shall annually publish a report. Such report must contain the names and addresses of any employer issued a certificate of eligibility under this section, and the maximum amount of New York youth works tax credit allowed to the employer as specified on such certif- icate of eligibility. S 2. The subdivision heading and paragraph (a) of subdivision 36 of section 210-B of the tax law, as added by section 17 of part A of chap- ter 59 of the laws of 2014, is amended to read as follows: [New York] URBAN youth [works] JOBS PROGRAM tax credit. (a) A taxpayer that has been certified by the commissioner of labor as a qualified employer pursuant to section twenty-five-a of the labor law shall be allowed a credit against the tax imposed by this article equal to (i) five hundred dollars per month for up to six months for each qualified employee the employer employs in a full-time job or two hundred fifty dollars per month for up to six months for each qualified employee the employer employs in a part-time job of at least twenty hours per week or ten hours per week when the qualified employee is enrolled in high school full-time, (ii) one thousand dollars for each qualified employee who is employed for at least an additional six months by the qualified employer in a full-time job or five hundred dollars for each qualified employee who is employed for at least an additional six months by the qualified employer in a part-time job of at least twenty hours per week or ten hours per week when the qualified employee is enrolled in high school full-time, and (iii) an additional one thousand dollars for each qualified employee who is employed for at least an additional year after the first year of the employee's employment by the qualified employer in a full-time job or five hundred dollars for each qualified employee who is employed for at least an additional year after the first year of the employee's employment by the qualified employer in a part-time job of at least twenty hours per week or ten hours per week when the qualified employee is enrolled in high school full-time. For purposes of this subdivision, the term "qualified employee" shall have the same meaning as set forth in subdivision (b) of section twenty-five-a of the labor law. The portion of the credit described in subparagraph (i) of this paragraph shall be allowed for the taxable year in which the wages are paid to the qualified employee, [and] the portion of the credit described in subparagraph (ii) of this paragraph shall be allowed in the taxable year in which the additional six month period ends, AND THE PORTION OF THE CREDIT DESCRIBED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH SHALL BE ALLOWED IN THE TAXABLE YEAR IN WHICH THE ADDITIONAL YEAR AFTER THE FIRST YEAR OF EMPLOYMENT ENDS. S 3. The subdivision heading and paragraph 1 of subsection (tt) of section 606 of the tax law, the subdivision heading as added by section 3 of part D of chapter 56 of the laws of 2011 and paragraph 1 as amended by section 2 of part U of chapter 59 of the laws of 2014, are amended to read as follows: S. 2006--B 73 A. 3006--B [New York] URBAN youth [works] JOBS PROGRAM tax credit. (1) A taxpay- er that has been certified by the commissioner of labor as a qualified employer pursuant to section twenty-five-a of the labor law shall be allowed a credit against the tax imposed by this article equal to (A) five hundred dollars per month for up to six months for each qualified employee the employer employs in a full-time job or two hundred fifty dollars per month for up to six months for each qualified employee the employer employs in a part-time job of at least twenty hours per week or ten hours per week when the qualified employee is enrolled in high school full-time, and (B) one thousand dollars for each qualified employee who is employed for at least an additional six months by the qualified employer in a full-time job or five hundred dollars for each qualified employee who is employed for at least an additional six months by the qualified employer in a part-time job of at least twenty hours per week or ten hours per week when the qualified employee is enrolled in high school full-time, and (C) an additional one thousand dollars for each qualified employee who is employed for at least an additional year after the first year of the employee's employment by the qualified employer in a full-time job or five hundred dollars for each qualified employee who is employed for at least an additional year after the first year of the employee's employment by the qualified employer in a part- time job of at least twenty hours per week or ten hours per week when the qualified employee is enrolled in high school full-time. A taxpayer that is a partner in a partnership, member of a limited liability compa- ny or shareholder in an S corporation that has been certified by the commissioner of labor as a qualified employer pursuant to section twen- ty-five-a of the labor law shall be allowed its pro rata share of the credit earned by the partnership, limited liability company or S corpo- ration. For purposes of this subsection, the term "qualified employee" shall have the same meaning as set forth in subdivision (b) of section twenty-five-a of the labor law. The portion of the credit described in subparagraph (A) of this paragraph shall be allowed for the taxable year in which the wages are paid to the qualified employee, [and] the portion of the credit described in subparagraph (B) of this paragraph shall be allowed in the taxable year in which the additional six month period ends, AND THE PORTION OF THE CREDIT DESCRIBED IN SUBPARAGRAPH (C) OF THIS PARAGRAPH SHALL BE ALLOWED IN THE TAXABLE YEAR IN WHICH THE ADDI- TIONAL YEAR AFTER THE FIRST YEAR OF EMPLOYMENT ENDS. S 4. Clause (xxxiii) of subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law, as amended by section 68 of part A of chapter 59 of the laws of 2014, is amended to read as follows: (xxxiii) [New York] URBAN youth Amount of credit under [works] JOBS PROGRAM subdivision thirty-six tax credit of section two hundred ten-B S 5. This act shall take effect immediately. PART BB Section 1. Subdivision (b) of section 27-1318 of the environmental conservation law, as amended by section 2 of part E of chapter 577 of the laws of 2004, is amended to read as follows: (b) Within [sixty] ONE HUNDRED EIGHTY days of commencement of the remedial design, the owner of an inactive hazardous waste disposal site, and/or any person responsible for implementing a remedial program at S. 2006--B 74 A. 3006--B such site, where institutional or engineering controls are employed pursuant to this title, shall execute an environmental easement pursuant to title thirty-six of article seventy-one of this chapter. S 2. Subdivision 2 of section 27-1405 of the environmental conserva- tion law, as amended by section 2 of part A of chapter 577 of the laws of 2004, is amended and three new subdivisions 29, 30 and 31 are added to read as follows: 2. "Brownfield site" or "site" shall mean any real property[, the redevelopment or reuse of which may be complicated by the presence or potential presence of] WHERE a contaminant IS PRESENT AT LEVELS EXCEED- ING THE SOIL CLEANUP OBJECTIVES OR OTHER HEALTH-BASED OR ENVIRONMENTAL STANDARDS, CRITERIA OR GUIDANCE ADOPTED BY THE DEPARTMENT THAT ARE APPLICABLE BASED ON THE REASONABLY ANTICIPATED USE OF THE PROPERTY, IN ACCORDANCE WITH APPLICABLE REGULATIONS. Such term shall not include real property: (a) listed in the registry of inactive hazardous waste disposal sites under section 27-1305 of this article at the time of application to this program and given a classification as described in subparagraph one or two of paragraph b of subdivision two of section 27-1305 of this arti- cle; provided, however [except until July first, two thousand five], real property listed in the registry of inactive hazardous waste disposal sites under subparagraph two of paragraph b of subdivision two of section 27-1305 of this article [prior to the effective date of this article], where such real property is owned by a volunteer OR UNDER CONTRACT TO BE TRANSFERRED TO A VOLUNTEER, shall not be deemed ineligi- ble to participate, PROVIDED THAT, PRIOR TO THE SITE BEING ACCEPTED INTO THE BROWNFIELD CLEANUP PROGRAM, THE DEPARTMENT HAS NOT IDENTIFIED ANY RESPONSIBLE PARTY FOR THAT PROPERTY HAVING THE ABILITY TO PAY FOR THE INVESTIGATION OR CLEANUP OF THE PROPERTY and further provided that the status of any such site as listed in the registry shall not be altered prior to the issuance of a certificate of completion pursuant to section 27-1419 of this title. THE DEPARTMENT'S ASSESSMENT OF ELIGIBILITY UNDER THIS PARAGRAPH SHALL NOT CONSTITUTE A FINDING CONCERNING LIABILITY WITH RESPECT TO THE PROPERTY; (b) listed on the national priorities list established under authority of 42 U.S.C. section 9605; (c) subject to an enforcement action under title seven or nine of this article, [except] OR PERMITTED OR REQUIRED TO BE PERMITTED AS a treat- ment, storage or disposal facility [subject to a permit]; provided, that nothing herein contained shall be deemed otherwise to exclude from the scope of the term "brownfield site" a hazardous waste treatment, storage or disposal facility having interim status according to regulations promulgated by the commissioner AND PROVIDED FURTHER THAT REAL PROPERTY OWNED BY A VOLUNTEER OR UNDER CONTRACT TO BE TRANSFERRED TO A VOLUNTEER SHALL NOT BE DEEMED INELIGIBLE TO PARTICIPATE PROVIDED THAT, PRIOR TO THE SITE BEING ACCEPTED INTO THE BROWNFIELD CLEANUP PROGRAM, THE DEPART- MENT HAS NOT IDENTIFIED ANY RESPONSIBLE PARTY FOR THAT PROPERTY HAVING THE ABILITY TO PAY FOR THE INVESTIGATION OR CLEANUP OF THE PROPERTY; (d) subject to an order for cleanup pursuant to article twelve of the navigation law or pursuant to title ten of article seventeen of this chapter except such property shall not be deemed ineligible if it is subject to a stipulation agreement; or (e) subject to any other on-going state or federal environmental enforcement action related to the contamination which is at or emanating from the site subject to the present application. S. 2006--B 75 A. 3006--B 29. "AFFORDABLE HOUSING PROJECT" SHALL BE DEFINED IN REGULATION BY THE DEPARTMENT, AFTER CONSULTATION WITH THE DIVISION OF HOUSING AND COMMUNI- TY RENEWAL, WHICH SHALL AT A MINIMUM, ESTABLISH THE PERCENTAGE OF UNITS IN THE PROJECT THAT MUST BE BELOW A DEFINED PERCENTAGE OF THE AREA MEDI- AN INCOME. 30. "UNDERUTILIZED" SHALL BE DEFINED IN REGULATION BY THE DEPARTMENT, AFTER CONSULTATION WITH THE BUSINESS COMMUNITY AND THE CITY OF NEW YORK. SUCH REGULATIONS SHALL BE ADOPTED NO LATER THAN OCTOBER FIRST, TWO THOU- SAND FIFTEEN AND TAKE INTO CONSIDERATION THE EXISTING USE OF A PROPERTY RELATIVE TO ALLOWABLE DEVELOPMENT UNDER ZONING, THE NEED FOR SUBSTANTIAL GOVERNMENT ASSISTANCE TO REDEVELOP AND OTHER RELEVANT FACTORS. 31. "UPSIDE DOWN" SHALL MEAN A PROPERTY WHERE THE PROJECTED AND INCURRED COST OF THE INVESTIGATION AND REMEDIATION WHICH IS PROTECTIVE FOR THE ANTICIPATED USE OF THE PROPERTY EQUALS OR EXCEEDS SEVENTY-FIVE PERCENT OF ITS INDEPENDENT APPRAISED VALUE, AS OF THE DATE OF SUBMISSION OF THE APPLICATION FOR PARTICIPATION IN THE BROWNFIELD CLEANUP PROGRAM, DEVELOPED UNDER THE HYPOTHETICAL CONDITION THAT THE PROPERTY IS NOT CONTAMINATED. S 3. Subdivision 1 of section 27-1407 of the environmental conserva- tion law, as amended by section 3 of part A of chapter 577 of the laws of 2004, is amended and a new subdivision 1-a is added to read as follows: 1. A person who seeks to participate in this program shall submit a request to the department on a form provided by the department. Such form shall include information to be determined by the department suffi- cient to allow the department to determine eligibility and the current, intended and reasonably anticipated future land use of the site pursuant to section 27-1415 of this title. ANY SUCH PERSON SHALL SUBMIT AN INVESTIGATION REPORT SUFFICIENT TO DEMONSTRATE THAT THE SITE REQUIRES REMEDIATION IN ORDER TO MEET THE REMEDIAL REQUIREMENTS OF THIS TITLE. 1-A. IF THE PERSON IS ALSO SEEKING A DETERMINATION THAT THE SITE IS ELIGIBLE FOR THE TANGIBLE PROPERTY CREDIT COMPONENT OF THE BROWNFIELD REDEVELOPMENT TAX CREDIT PURSUANT TO PARAGRAPH THREE OF SUBDIVISION (A) OF SECTION TWENTY-ONE OF THE TAX LAW FOR A SITE LOCATED IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, SUCH PERSON SHALL SUBMIT INFORMA- TION SUFFICIENT TO DEMONSTRATE THAT: (A) AT LEAST HALF OF THE SITE AREA IS LOCATED IN AN ENVIRONMENTAL ZONE AS DEFINED IN SECTION TWENTY-ONE OF THE TAX LAW; (B) THE PROPERTY IS UPSIDE DOWN OR UNDERUTILIZED; OR (C) THE PROJECT IS AN AFFORDABLE HOUSING PROJECT. AN APPLICANT MAY REQUEST AN ELIGIBILITY DETERMINATION FOR TANGIBLE PROPERTY CREDITS AT ANY TIME FROM APPLICATION UNTIL THE SITE RECEIVES A CERTIFICATE OF COMPLETION PURSUANT TO SECTION 27-1419 OF THIS TITLE EXCEPT FOR SITES SEEKING ELIGIBILITY UNDER THE UNDERUTILIZED CATEGORY. SITES ARE NOT ELIGIBLE FOR TANGIBLE PROPERTY TAX CREDITS IF: (A) THE CONTAMINATION FROM GROUND WATER OR SOIL VAPOR IS SOLELY EMANATING FROM PROPERTY OTHER THAN THE SITE SUBJECT TO THE PRESENT APPLICATION; OR (B) THE DEPARTMENT HAS DETERMINED THAT THE PROPERTY HAS PREVIOUSLY BEEN REMEDIATED PURSUANT TO TITLES NINE, THIRTEEN AND FOURTEEN OF THIS ARTI- CLE, TITLE FIVE OF ARTICLE FIFTY-SIX OF THIS CHAPTER AND ARTICLE TWELVE OF THE NAVIGATION LAW SUCH THAT IT MAY BE DEVELOPED FOR ITS THEN INTENDED USE. S 4. Subdivision 3 of section 27-1407 of the environmental conserva- tion law, as amended by section 3 of part A of chapter 577 of the laws of 2004, is amended to read as follows: 3. The department shall notify the person requesting participation in this program within [ten] THIRTY days after receiving such request that S. 2006--B 76 A. 3006--B such request is either complete or incomplete. In the event the applica- tion is determined to be incomplete the department shall specify in writing the missing necessary information required pursuant to this article to complete the application and shall have ten days after receipt of the missing information to issue a written determination if the application is complete. S 5. Subdivision 6 of section 27-1407 of the environmental conserva- tion law, as added by section 1 of part A of chapter 1 of the laws of 2003, is amended to read as follows: 6. The department shall use all best efforts to expeditiously notify the applicant within forty-five days after receiving [their request] A COMPLETE APPLICATION for participation that such request is either accepted or rejected, AND, FOR ANY APPLICANT SEEKING TO RECEIVE THE TANGIBLE PROPERTY CREDIT COMPONENT OF THE BROWNFIELD REDEVELOPMENT TAX CREDIT PURSUANT TO PARAGRAPH THREE OF SUBDIVISION (A) OF SECTION TWEN- TY-ONE OF THE TAX LAW, SHALL CONCURRENTLY NOTIFY THE APPLICANT WHETHER THE CRITERIA FOR RECEIVING SUCH COMPONENT AS SET FORTH IN SUBDIVISION ONE OF THIS SECTION HAVE BEEN MET. S 6. Subdivision 9 of section 27-1407 of the environmental conserva- tion law is amended by adding a new paragraph (g) to read as follows: (G) THE PERSON'S PARTICIPATION IN ANY REMEDIAL PROGRAM UNDER THE DEPARTMENT'S OVERSIGHT WAS TERMINATED BY THE DEPARTMENT OR BY A COURT FOR FAILURE TO SUBSTANTIALLY COMPLY WITH AN AGREEMENT OR ORDER. S 7. Subdivision 2 of section 27-1409 of the environmental conserva- tion law, as amended by section 4 of part A of chapter 577 of the laws of 2004, is amended to read as follows: 2. One requiring: (A) the [applicant] PARTICIPANT to pay for state costs, INCLUDING THE RECOVERY OF STATE COSTS INCURRED BEFORE THE EFFEC- TIVE DATE OF SUCH AGREEMENT; provided, however, that SUCH COSTS MAY BE BASED ON A REASONABLE FLAT-FEE FOR OVERSIGHT, WHICH SHALL REFLECT THE PROJECTED FUTURE STATE COSTS INCURRED IN NEGOTIATING AND OVERSEEING IMPLEMENTATION OF SUCH AGREEMENT; AND (B) with respect to a brownfield site which the department has deter- mined constitutes a significant threat to the public health or environ- ment the department may include a provision requiring the applicant to provide a technical assistance grant, as described in subdivision four of section 27-1417 of this title and under the conditions described therein, to an eligible party in accordance with procedures established under such program, with the cost of such a grant incurred by a volun- teer serving as an offset against such state costs[. Where the appli- cant is a participant, the department shall include provisions relating to recovery of state costs incurred before the effective date of such agreement]; S 8. Section 27-1411 of the environmental conservation law is amended by adding a new subdivision 6 to read as follows: 6. AN APPLICANT SHALL INCLUDE WITH EVERY REPORT SUBMITTED TO THE DEPARTMENT A SCHEDULE FOR THE SUBMISSION OF ANY SUBSEQUENT WORK PLAN REQUIRED TO MEET THE REQUIREMENTS OF THIS TITLE. S 9. Paragraphs (b), (c) and (d) of subdivision 7 of section 27-1415 of the environmental conservation law are relettered paragraphs (c), (d) and (e) and a new paragraph (b) is added to read as follows: (B) WITHIN ONE HUNDRED EIGHTY DAYS OF COMMENCEMENT OF THE REMEDIAL DESIGN OR AT LEAST THREE MONTHS PRIOR TO THE DATE OF THE ANTICIPATED ISSUANCE OF THE CERTIFICATE OF COMPLETION, THE OWNER OF A BROWNFIELD SITE, AND/OR ANY PERSON RESPONSIBLE FOR IMPLEMENTING A REMEDIAL PROGRAM AT SUCH SITE, WHERE INSTITUTIONAL OR ENGINEERING CONTROLS ARE EMPLOYED S. 2006--B 77 A. 3006--B PURSUANT TO THIS TITLE, SHALL EXECUTE AN ENVIRONMENTAL EASEMENT PURSUANT TO TITLE THIRTY-SIX OF ARTICLE SEVENTY-ONE OF THIS CHAPTER. S 10. Subdivision 1, paragraph (a) of subdivision 2 and subdivision 3 of section 27-1419 of the environmental conservation law, subdivision 1 and paragraph (a) of subdivision 2 as added by section 1 of part A of chapter 1 of the laws of 2003, subdivision 3 as amended by chapter 390 of the laws of 2008, are amended to read as follows: 1. Upon certification by the applicant that the remediation require- ments of this title have been OR WILL BE achieved IN ACCORDANCE WITH THE SCHEDULES PROVIDED IN REPORTS SUBMITTED TO THE DEPARTMENT ON THE REMEDI- AL WORK PLAN for the brownfield site, such applicant shall submit to the department a final engineering report prepared by an individual licensed or otherwise authorized in accordance with article one hundred forty- five of the education law to practice the profession of engineering. (a) a description of the remediation activities completed pursuant to the remedial work plan AND ANY INTERIM REMEDIAL MEASURES for the brown- field site; 3. Upon receipt of the final engineering report, the department shall review such report and the data submitted pursuant to the brownfield site cleanup agreement as well as any other relevant information regard- ing the brownfield site. Upon satisfaction of the commissioner that the remediation requirements set forth in this title have been or will be achieved in accordance with the timeframes, if any, established in the remedial work plan, the commissioner shall issue a written certificate of completion[, such]. THE certificate shall include such information as determined by the department of taxation and finance, including but not limited to the brownfield site boundaries included in the final engi- neering report, the date of the brownfield site CLEANUP agreement [pursuant to section 27-1409 of this title], and the applicable percent- ages available AS OF THE DATE OF THE CERTIFICATE OF COMPLETION for that site for purposes of section twenty-one of the tax law[, with such percentages to be determined as follows with respect to such qualified site]. FOR THOSE SITES FOR WHICH THE DEPARTMENT HAS ISSUED A NOTICE TO THE APPLICANT ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN OR THE DATE OF PUBLICATION IN THE STATE REGISTER OF PROPOSED REGULATIONS DEFINING "UNDERUTILIZED" AS PROVIDED IN SUBDIVISION THIRTY OF SECTION 27-1405 OF THIS TITLE, WHICHEVER SHALL BE LATER, THAT ITS REQUEST FOR PARTICIPATION HAS BEEN ACCEPTED UNDER SUBDIVISION SIX OF SECTION 27-1407 OF THIS TITLE, THE TANGIBLE PROPERTY CREDIT COMPONENT OF THE BROWNFIELD REDEVEL- OPMENT TAX CREDIT PURSUANT TO PARAGRAPH THREE OF SUBDIVISION (A) OF SECTION TWENTY-ONE OF THE TAX LAW SHALL ONLY BE AVAILABLE TO THE TAXPAY- ER IF THE CRITERIA FOR RECEIVING SUCH TAX COMPONENT HAVE BEEN MET. FOR THOSE SITES for which the department has issued a notice to the taxpayer after June twenty-third, two thousand eight that its request for partic- ipation has been accepted under subdivision six of section 27-1407 of this title[: For the purposes of calculating], THE APPLICABLE PERCENTAGE FOR the site preparation credit component pursuant to paragraph two of subdivi- sion (a) of section twenty-one of the tax law, and the on-site groundwa- ter remediation credit component pursuant to paragraph four of subdivi- sion (a) of section twenty-one of the tax law[, the applicable percentage] shall be based on the level of cleanup achieved pursuant to subdivision four of section 27-1415 of this title and the level of cleanup of soils to contaminant-specific soil cleanup objectives promul- gated pursuant to subdivision six of section 27-1415 of this title, up to a maximum of fifty percent, as follows: S. 2006--B 78 A. 3006--B (a) soil cleanup for unrestricted use, the protection of groundwater or the protection of ecological resources, the applicable percentage shall be fifty percent; (b) soil cleanup for residential use, the applicable percentage shall be forty percent, except for Track 4 which shall be twenty-eight percent; (c) soil cleanup for commercial use, the applicable percentage shall be thirty-three percent, except for Track 4 which shall be twenty-five percent; (d) soil cleanup for industrial use, the applicable percentage shall be twenty-seven percent, except for Track 4 which shall be twenty-two percent. S 11. Subdivision 5 of section 27-1419 of the environmental conserva- tion law, as amended by section 9 of part A of chapter 577 of the laws of 2004, is amended to read as follows: 5. A certificate of completion issued pursuant to this section may be transferred [to the applicant's successors or assigns upon transfer or sale of the brownfield site] BY THE APPLICANT OR SUBSEQUENT HOLDER OF THE CERTIFICATE OF COMPLETION TO A SUCCESSOR TO A REAL PROPERTY INTER- EST, INCLUDING LEGAL TITLE, EQUITABLE TITLE OR LEASEHOLD, IN ALL OR A PART OF THE BROWNFIELD SITE FOR WHICH THE CERTIFICATE OF COMPLETION WAS ISSUED. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, A CERTIFICATE OF COMPLETION SHALL NOT BE TRANSFERRED TO A RESPONSIBLE PARTY. Further, a certificate of completion may be modified or revoked by the commissioner upon a finding that: (a) Either the applicant, or the applicant's successors or assigns, has failed to comply with the terms and conditions of the brownfield site cleanup agreement; (b) The applicant made a misrepresentation of a material fact tending to demonstrate that: (I) it was qualified as a volunteer; OR (II) MET THE CRITERIA SET FORTH IN SUBDIVISION ONE-A OF SECTION 27-1407 OF THIS TITLE FOR THE PURPOSE OF RECEIVING THE TANGIBLE PROPERTY CREDIT COMPO- NENT OF THE BROWNFIELD REDEVELOPMENT TAX CREDIT PURSUANT TO PARAGRAPH THREE OF SUBDIVISION (A) OF SECTION TWENTY-ONE OF THE TAX LAW; (c) Either the applicant, or the applicant's successors or assigns, made a misrepresentation of a material fact tending to demonstrate that the cleanup levels identified in the brownfield site cleanup agreement were reached; or (d) There is good cause for such modification or revocation. S 12. Section 27-1423 of the environmental conservation law is REPEALED. S 13. Section 27-1429 of the environmental conservation law, as amended by section 13 of part A of chapter 577 of the laws of 2004, is amended to read as follows: S 27-1429. Permit waivers. The department, by and through the commissioner, shall be EXEMPT FOR ACTIVITIES CONDUCTED PURSUANT TO SUBDIVISION FIVE OF SECTION 27-1411 OF THIS TITLE AND SHALL BE authorized to exempt a person from the require- ment to obtain any state or local permit or other authorization for any activity needed to implement a program for the investigation and/or remediation of contamination AT OR EMANATING FROM A BROWNFIELD SITE; provided that the activity is conducted in a manner which satisfies all substantive technical requirements applicable to like activity conducted pursuant to a permit. S 14. Subdivision 1 of section 27-1431 of the environmental conserva- tion law is amended by adding a new paragraph c to read as follows: S. 2006--B 79 A. 3006--B C. TO INSPECT FOR COMPLIANCE WITH THE SITE MANAGEMENT PLAN APPROVED BY THE DEPARTMENT, INCLUDING (I) INSPECTION OF THE PERFORMANCE OF MAINTE- NANCE, MONITORING AND OPERATIONAL ACTIVITIES REQUIRED AS PART OF THE REMEDIAL PROGRAM FOR THE SITE, (II) INSPECTION FOR THE PURPOSE OF ASCER- TAINING CURRENT USES OF THE SITE, AND (III) TAKING SAMPLES IN ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION. S 15. Section 27-1435 of the environmental conservation law is REPEALED. S 15-a. The environmental conservation law is amended by adding a new section 27-1437 to read as follows: S 27-1437. BCP-EZ PROGRAM. 1. THE DEPARTMENT MAY PROMULGATE REGULATIONS TO IMPLEMENT A PROGRAM PROVIDING FOR THE EXPEDITED INVESTIGATION AND/OR REMEDIATION OF CONTAM- INATION AT BROWNFIELD SITES (BCP-EZ PROGRAM), PROVIDED THAT: (A) AT THE TIME OF THE APPLICATION, THE DEPARTMENT HAS DETERMINED THAT THE BROWNFIELD SITE DOES NOT POSE A SIGNIFICANT THREAT PURSUANT TO SECTION 27-1411 OF THIS TITLE; (B) THE APPLICANT HAS WAIVED IN WRITING ANY CLAIM FOR TAX CREDITS PURSUANT TO SECTION TWENTY-ONE OF THE TAX LAW ON A FORM PRESCRIBED BY THE DEPARTMENT; AND (C) THE ACTIVITY IS CONDUCTED IN A MANNER WHICH SATISFIES ALL REQUIRE- MENTS APPLICABLE TO LIKE ACTIVITY CONDUCTED PURSUANT TO SECTIONS 27-1415 AND 27-1417 OF THIS TITLE, EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION AND THE TIME PERIODS SPECIFIED IN PARAGRAPHS (B) AND (C) OF SUBDIVISION THREE OF SECTION 27-1417 OF THIS TITLE. 2. FOR ANY SITE ACCEPTED INTO THE BCP-EZ PROGRAM PURSUANT TO THIS SECTION WITH A REMEDIAL WORK PLAN IDENTIFYING A TRACK 4 REMEDIATION, IF A CONTAMINANT IS IDENTIFIED IN SOIL IN EXCESS OF THE REMEDIAL ACTION OBJECTIVES CONTAINED IN AN APPLICABLE GENERIC TABLE DEVELOPED PURSUANT TO SUBDIVISION SIX OF SECTION 27-1415 OF THIS TITLE, THE APPLICANT MAY USE SITE-SPECIFIC DATA TO DEMONSTRATE TO THE DEPARTMENT THAT THE CONCEN- TRATION OF THE CONTAMINANT IN THE SOILS REFLECTS BACKGROUND CONDITIONS AND, IN THAT CASE, A CONTAMINANT-SPECIFIC ACTION OBJECTIVE FOR SUCH CONTAMINANT EQUAL TO SUCH BACKGROUND CONCENTRATION MAY BE ESTABLISHED PROVIDED THAT SUCH OBJECTIVE IS PROTECTIVE OF THE PUBLIC HEALTH AND THE ENVIRONMENT AND IS DETERMINED IN A MANNER ACCEPTABLE TO THE DEPARTMENT. 3. UPON THE DEPARTMENT'S ACCEPTANCE OF THE CERTIFICATION BY THE APPLI- CANT THAT THE REMEDIATION REQUIREMENTS OF THIS TITLE, PURSUANT TO SECTION 27-1419 OF THIS TITLE, HAVE BEEN ACHIEVED FOR THE BROWNFIELD SITE AND AN ENVIRONMENTAL EASEMENT, IF NECESSARY, HAS BEEN CREATED AND FILED PURSUANT TO TITLE THIRTY-SIX OF ARTICLE SEVENTY-ONE OF THIS CHAP- TER, A SITE IN THE BCP-EZ PROGRAM SHALL BE ELIGIBLE TO RECEIVE A CERTIF- ICATE OF COMPLETION IN ACCORDANCE WITH SECTION 27-1419 OF THIS TITLE; PROVIDED, HOWEVER, THAT SUCH CERTIFICATE OF COMPLETION SHALL NOT ENTITLE THE HOLDER TO ANY TAX CREDITS PROVIDED BY SECTION TWENTY-ONE OF THE TAX LAW. S 16. The opening paragraph of subdivision 10 of section 71-3605 of the environmental conservation law, as added by section 2 of part A of chapter 1 of the laws of 2003, is amended to read as follows: An environmental easement may be enforced in law or equity by its grantor, by the state, or any affected local government as defined in section 71-3603 of this title. Such easement is enforceable against the owner of the burdened property, any lessees, and any person using the land. Enforcement shall not be defeated because of any subsequent adverse possession, laches, estoppel, REVERSION or waiver. No general law of the state which operates to defeat the enforcement of any inter- S. 2006--B 80 A. 3006--B est in real property shall operate to defeat the enforcement of any environmental easement unless such general law expressly states the intent to defeat the enforcement of such easement or provides for the exercise of the power of eminent domain. It is not a defense in any action to enforce an environmental easement that: S 17. Paragraph 3 of subdivision (a) of section 21 of the tax law, as amended by chapter 390 of the laws of 2008, is amended to read as follows: (3) Tangible property credit component. (I) The tangible property credit component shall be equal to the applicable percentage of the cost or other basis for federal income tax purposes of tangible personal property and other tangible property, including buildings and structural components of buildings, which constitute qualified tangible property AND MAY INCLUDE ANY RELATED PARTY SERVICE FEE PAID; provided[, however,] that in determining the cost or other basis of such property, the taxpayer shall exclude the acquisition cost of any item of property with respect to which a credit under this section was allowable to another taxpayer. A RELATED PARTY SERVICE FEE SHALL BE ALLOWED ONLY IN THE CALCULATION OF THE TANGIBLE PROPERTY CREDIT COMPONENT AND SHALL NOT BE ALLOWED IN THE CALCULATION OF THE SITE PREPA- RATION CREDIT COMPONENT OR THE ON-SITE GROUNDWATER REMEDIATION CREDIT COMPONENT. THE PORTION OF THE TANGIBLE PROPERTY CREDIT COMPONENT WHICH IS ATTRIBUTABLE TO RELATED PARTY SERVICE FEES SHALL BE ALLOWED ONLY AS FOLLOWS: (A) IN THE TAXABLE YEAR IN WHICH THE QUALIFIED TANGIBLE PROPER- TY DESCRIBED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH IS PLACED IN SERVICE, FOR THAT PORTION OF THE RELATED PARTY SERVICE FEES WHICH HAVE BEEN EARNED AND ACTUALLY PAID TO THE RELATED PARTY ON OR BEFORE THE LAST DAY OF SUCH TAXABLE YEAR; AND (B) WITH RESPECT TO ANY OTHER TAXABLE YEAR FOR WHICH THE TANGIBLE PROPERTY CREDIT COMPONENT MAY BE CLAIMED UNDER THIS SUBPARAGRAPH AND IN WHICH THE AMOUNT OF ANY ADDITIONAL RELATED PARTY SERVICE FEES ARE ACTUALLY PAID BY THE TAXPAYER TO THE RELATED PARTY, THE TANGIBLE PROPERTY CREDIT COMPONENT FOR SUCH AMOUNT SHALL BE ALLOWED IN SUCH TAXABLE YEAR. The credit component amount so determined shall be allowed for the taxable year in which such qualified tangible property is FIRST placed in service on a qualified site with respect to which a certificate of completion has been issued to the taxpayer, OR FOR THE TAXABLE YEAR IN WHICH THE CERTIFICATE OF COMPLETION IS ISSUED IF THE QUALIFIED TANGIBLE PROPERTY IS PLACED IN SERVICE PRIOR TO THE ISSU- ANCE OF THE CERTIFICATE OF COMPLETION. THIS CREDIT COMPONENT SHALL ONLY BE ALLOWED for up to [ten taxable years after] ONE HUNDRED TWENTY MONTHS AFTER the date of the issuance of such certificate of completion. (II) The tangible property credit component shall be allowed with respect to property leased to a second party only if such second party is either [(i)] (A) not a party responsible for the disposal of hazard- ous waste or the discharge of petroleum at the site according to appli- cable principles of statutory or common law liability, or [(ii)] (B) a party responsible according to applicable principles of statutory or common law liability if such party's liability arises solely from opera- tion of the site subsequent to the disposal of hazardous waste or the discharge of petroleum, and is so certified by the commissioner of envi- ronmental conservation at the request of the taxpayer, pursuant to section 27-1419 of the environmental conservation law. Notwithstanding any other provision of law to the contrary, in the case of allowance of credit under this section to such a lessor, the commissioner shall have the authority to reveal to such lessor any information, with respect to the issue of qualified use of property by the lessee, which is the basis S. 2006--B 81 A. 3006--B for the denial in whole or in part, or for the recapture, of the credit claimed by such lessor. For purposes of the tangible property credit component allowed under this section the taxpayer to whom the certif- icate of completion is issued, as provided for under subdivision five of section 27-1419 of the environmental conservation law, may transfer the benefits and burdens of the certificate of completion, which run with the land and to the applicant's successors or assigns upon transfer or sale of all or any portion of an interest or estate in the qualified site. However, the taxpayer to whom certificate's benefits and burdens are transferred shall not include the cost of acquiring all or any portion of an interest or estate in the site and the amounts included in the cost or other basis for federal income tax purposes of qualified tangible property already claimed by the previous taxpayer pursuant to this section. (III) THE TERM "RELATED PARTY SERVICE FEE" SHALL MEAN ANY FEE OR OTHER MONETARY COMPENSATION EARNED BY A RELATED PARTY AND CALCULATED AS A PERCENTAGE OF PROJECT AND/OR ACQUISITION COSTS, IN CONSIDERATION OF SERVICES RENDERED TO OR FOR THE BENEFIT OF THE TAXPAYER PLACING QUALI- FIED TANGIBLE PROPERTY IN SERVICE IN CONNECTION WITH THE ACQUISITION AND DEVELOPMENT OF SUCH PROPERTY. FOR PURPOSES OF THIS SUBPARAGRAPH, "RELATED PARTY" SHALL HAVE THE SAME MEANING AS RELATED PERSON AS DEFINED IN SUBPARAGRAPH (C) OF PARAGRAPH THREE OF SUBDIVISION (B) OF SECTION FOUR HUNDRED SIXTY-FIVE OF THE INTERNAL REVENUE CODE. (IV) ELIGIBLE COSTS FOR THE TANGIBLE PROPERTY CREDIT COMPONENT ARE LIMITED TO COSTS FOR TANGIBLE PROPERTY THAT HAS A DEPRECIABLE LIFE FOR FEDERAL INCOME TAX PURPOSES OF FIFTEEN YEARS OR MORE, COSTS ASSOCIATED WITH DEMOLITION AND EXCAVATION ON THE SITE AND THE FOUNDATION OF ANY BUILDINGS CONSTRUCTED AS PART OF THE SITE COVER THAT ARE NOT PROPERLY INCLUDED IN THE SITE PREPARATION COMPONENT AND COSTS ASSOCIATED WITH NON-PORTABLE EQUIPMENT, MACHINERY AND ASSOCIATED FIXTURES AND APPURTE- NANCES USED EXCLUSIVELY ON THE SITE, WHETHER OR NOT SUCH PROPERTY HAS A DEPRECIABLE LIFE FOR FEDERAL INCOME TAX PURPOSES OF FIFTEEN YEARS OR MORE. (V) WITH RESPECT TO ANY QUALIFIED SITE FOR WHICH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION HAS ISSUED A NOTICE TO THE TAXPAYER ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN OR THE DATE OF PUBLICATION IN THE STATE REGISTER OF PROPOSED REGULATIONS DEFINING "UNDERUTILIZED" AS PROVIDED IN SUBDIVISION THIRTY OF SECTION 27-1405 OF THE ENVIRONMENTAL CONSERVATION LAW, WHICHEVER SHALL BE LATER, THAT ITS REQUEST FOR PARTIC- IPATION HAS BEEN ACCEPTED UNDER SUBDIVISION SIX OF SECTION 27-1407 OF THE ENVIRONMENTAL CONSERVATION LAW, AND THE SITE IS ELIGIBLE FOR THE TANGIBLE PROPERTY CREDIT COMPONENT BECAUSE IT IS AN AFFORDABLE HOUSING PROJECT PURSUANT TO SUBDIVISION ONE-A OF SECTION 27-1407 OF THE ENVIRON- MENTAL CONSERVATION LAW, THE PORTION OF ELIGIBLE COSTS TO BE INCLUDED IN THE CALCULATION OF THE TANGIBLE PROPERTY CREDIT COMPONENT WILL BE DETER- MINED BY MULTIPLYING THE TOTAL COSTS QUALIFIED FOR THE TANGIBLE PROPERTY CREDIT COMPONENT BY A FRACTION, THE NUMERATOR OF WHICH SHALL BE THE SQUARE FOOTAGE OF SPACE OF THE AFFORDABLE HOUSING UNITS DEDICATED TO RESIDENTIAL OCCUPANCY AND THE DENOMINATOR OF WHICH SHALL BE THE TOTAL SQUARE FOOTAGE OF THE BUILDING. S 18. Subparagraphs (A) and (B) of paragraph 3-a of subdivision (a) of section 21 of the tax law, as added by chapter 390 of the laws of 2008, are amended to read as follows: (A) Notwithstanding any other provision of law to the contrary, the tangible property credit component available for any qualified site pursuant to paragraph three of this subdivision shall not exceed thir- S. 2006--B 82 A. 3006--B ty-five million dollars or three times the SUM OF THE costs included in the calculation of the site preparation credit component and the on-site groundwater remediation credit component under paragraphs two and four, respectively, of this subdivision, AND THE COSTS THAT WOULD HAVE BEEN INCLUDED IN THE CALCULATION OF SUCH COMPONENTS IF NOT TREATED AS AN EXPENSE AND DEDUCTED PURSUANT TO SECTION ONE HUNDRED NINETY-EIGHT OF THE INTERNAL REVENUE CODE, whichever is less; provided, however, that: (1) in the case of a qualified site to be used primarily for manufacturing activities, the tangible property credit component available for any qualified site pursuant to paragraph three of this subdivision shall not exceed forty-five million dollars or six times the SUM OF THE costs included in the calculation of the site preparation credit component and the on-site groundwater remediation credit component under paragraphs two and four, respectively, of this subdivision, AND THE COSTS THAT WOULD HAVE BEEN INCLUDED IN THE CALCULATION OF SUCH COMPONENTS IF NOT TREATED AS AN EXPENSE AND DEDUCTED PURSUANT TO SECTION ONE HUNDRED NINE- TY-EIGHT OF THE INTERNAL REVENUE CODE, whichever is less; and (2) the provisions of this paragraph shall not apply to any qualified site for which the department of environmental conservation has issued a notice to the taxpayer before June twenty-third, two thousand eight that its request for participation has been accepted under subdivision six of section 27-1407 of the environmental conservation law. (B) For the purposes of this paragraph, the term "manufacturing activ- ities" means the production of goods by manufacturing, processing, assembling, refining, mining, extracting, farming, agriculture, horti- culture, floriculture, viticulture or commercial fishing[, and shall also include the activities of a qualified emerging technology company as defined in paragraph (c) of subdivision one of section thirty-one hundred two-e of the public authorities law regardless of the ten million dollar limitation expressed in subparagraph one of such para- graph]; provided however, that the generation and distribution of elec- tricity, the distribution of natural gas, and the production of steam associated with the generation of electricity, shall not constitute manufacturing activities. S 19. Subparagraph (C) of paragraph 3-a of subdivision (a) of section 21 of the tax law, as added by chapter 390 of the laws of 2008, is amended to read as follows: (C) In order to properly administer the [credit] CREDITS set forth in [paragraph three of] this subdivision, the department may disclose information about the calculation and the amounts of the credits claimed under [paragraph three of] this subdivision on a taxpayer's return to the department of environmental conservation and other taxpayers claim- ing tax credits under this section with respect to the same qualifying site. S 20. Subparagraph (D) of paragraph 3-a of subdivision (a) of section 21 of the tax law, as added by chapter 390 of the laws of 2008, is amended to read as follows: (D) [If] WITH RESPECT TO ANY QUALIFIED SITE FOR WHICH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION HAS ISSUED A NOTICE TO THE TAXPAYER BEFORE JULY FIRST, TWO THOUSAND FIFTEEN OR THE DATE OF PUBLICATION IN THE STATE REGISTER OF PROPOSED REGULATIONS DEFINING "UNDERUTILIZED" AS PROVIDED IN SUBDIVISION THIRTY OF SECTION 27-1405 OF THE ENVIRONMENTAL CONSERVATION LAW, WHICHEVER SHALL BE LATER, THAT ITS REQUEST FOR PARTICIPATION HAS BEEN ACCEPTED UNDER SUBDIVISION SIX OF SECTION 27-1407 OF THE ENVIRON- MENTAL CONSERVATION LAW, OR WHERE THE TAXPAYER HAS EITHER BEEN ISSUED OR RECEIVED A CERTIFICATE OF COMPLETION FROM ANOTHER TAXPAYER UNDER SECTION S. 2006--B 83 A. 3006--B 27-1419 OF THE ENVIRONMENTAL CONSERVATION LAW BEFORE JULY FIRST, TWO THOUSAND FIFTEEN OR THE DATE OF PUBLICATION IN THE STATE REGISTER OF PROPOSED REGULATIONS DEFINING "UNDERUTILIZED" AS PROVIDED IN SUBDIVISION THIRTY OF SECTION 27-1405 OF THE ENVIRONMENTAL CONSERVATION LAW, WHICH- EVER SHALL BE LATER, IF the qualifying site is located in a brownfield opportunity area and is developed in conformance with the goals and priorities established for that applicable brownfield opportunity area as designated pursuant to section nine hundred seventy-r of the general municipal law, the applicable percentage of the tangible property credit component will be increased by two percent. S 21. Paragraph 5 of subdivision (a) of section 21 of the tax law, as amended by section 39 of part A of chapter 59 of the laws of 2014, is amended to read as follows: (5) Applicable percentage. (A) For purposes of COMPUTING THE SITE PREPARATION AND ON-SITE GROUNDWATER REMEDIATION CREDIT COMPONENTS PURSU- ANT TO paragraphs two[, three] and four of this subdivision, WITH RESPECT TO SUCH QUALIFIED SITES FOR WHICH THE DEPARTMENT OF ENVIRON- MENTAL CONSERVATION HAS ISSUED A NOTICE TO THE TAXPAYER BEFORE JUNE TWENTY-THIRD, TWO THOUSAND EIGHT THAT ITS REQUEST FOR PARTICIPATION HAS BEEN ACCEPTED UNDER SUBDIVISION SIX OF SECTION 27-1407 OF THE ENVIRON- MENTAL CONSERVATION LAW, OR WHERE THE TAXPAYER HAS EITHER BEEN ISSUED OR RECEIVED A CERTIFICATE OF COMPLETION FROM ANOTHER TAXPAYER UNDER SECTION 27-1419 OF THE ENVIRONMENTAL CONSERVATION LAW FOR SUCH A SITE, AND, FOR PURPOSES OF COMPUTING THE TANGIBLE PROPERTY COMPONENT PURSUANT TO PARA- GRAPH THREE OF THIS SUBDIVISION WITH RESPECT TO SUCH QUALIFIED SITES FOR WHICH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION HAS ISSUED A NOTICE TO THE TAXPAYER BEFORE JULY FIRST, TWO THOUSAND FIFTEEN OR THE DATE OF PUBLICATION IN THE STATE REGISTER OF PROPOSED REGULATIONS DEFINING "UNDERUTILIZED" AS PROVIDED IN SUBDIVISION THIRTY OF SECTION 27-1405 OF THE ENVIRONMENTAL CONSERVATION LAW, WHICHEVER SHALL BE LATER, THAT ITS REQUEST FOR PARTICIPATION HAS BEEN ACCEPTED UNDER SUBDIVISION SIX OF SECTION 27-1407 OF THE ENVIRONMENTAL CONSERVATION LAW, OR WHERE THE TAXPAYER HAS EITHER BEEN ISSUED OR RECEIVED A CERTIFICATE OF COMPLETION FROM ANOTHER TAXPAYER UNDER SECTION 27-1419 OF THE ENVIRONMENTAL CONSER- VATION LAW FOR SUCH A SITE, the applicable percentage shall be twelve percent in the case of credits claimed under article nine, nine-A or thirty-three of this chapter, and ten percent in the case of credits claimed under article twenty-two of this chapter, except that where at least fifty percent of the area of the qualified site relating to the credit provided for in this section is located in an environmental zone as defined in paragraph six of subdivision (b) of this section, the applicable percentage shall be increased by an additional eight percent. Provided, however, as afforded in section 27-1419 of the environmental conservation law, if the certificate of completion indicates that the qualified site has been remediated to Track 1 as that term is described in subdivision four of section 27-1415 of the environmental conservation law, the applicable percentage set forth in the first sentence of this paragraph shall be increased by an additional two percent. (B) WITH RESPECT TO SUCH QUALIFIED SITE FOR WHICH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION HAS ISSUED A NOTICE TO THE TAXPAYER ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN OR THE DATE OF PUBLICATION IN THE STATE REGISTER OF PROPOSED REGULATIONS DEFINING "UNDERUTILIZED" AS PROVIDED IN SUBDIVISION THIRTY OF SECTION 27-1405 OF THE ENVIRONMENTAL CONSERVATION LAW, WHICHEVER SHALL BE LATER, THAT ITS REQUEST FOR PARTIC- IPATION HAS BEEN ACCEPTED UNDER SUBDIVISION SIX OF SECTION 27-1407 OF THE ENVIRONMENTAL CONSERVATION LAW, THE APPLICABLE PERCENTAGE FOR THE S. 2006--B 84 A. 3006--B TANGIBLE PROPERTY CREDIT COMPONENT OF THE BROWNFIELD REDEVELOPMENT TAX CREDIT PURSUANT TO PARAGRAPH THREE OF SUBDIVISION (A) OF THIS SECTION SHALL BE THE SUM OF TEN PERCENT AND THE FOLLOWING ADDITIONAL PERCENT- AGES, PROVIDED THAT IF THE SUM IS GREATER THAN TWENTY-FOUR PERCENT, THE TOTAL PERCENTAGE OF THE TANGIBLE PROPERTY CREDIT COMPONENT SHALL BE TWENTY-FOUR PERCENT AND IS OTHERWISE SUBJECT TO THE LIMITATIONS SET FORTH IN PARAGRAPHS THREE AND THREE-A OF SUBDIVISION (A) OF THIS SECTION: (I) FIVE PERCENT FOR A SITE WITHIN AN ENVIRONMENTAL ZONE; (II) FIVE PERCENT FOR A SITE LOCATED WITHIN A DESIGNATED BROWNFIELD OPPORTUNITY AREA AND IS DEVELOPED IN CONFORMANCE WITH THE GOALS AND PRIORITIES ESTABLISHED FOR THAT APPLICABLE BROWNFIELD OPPORTUNITY AREA; (III) FIVE PERCENT FOR A SITE DEVELOPED AS AFFORDABLE HOUSING, AS DEFINED IN SECTION 27-1405 OF THE ENVIRONMENTAL CONSERVATION LAW; (IV) FIVE PERCENT FOR A SITE TO BE USED PRIMARILY FOR MANUFACTURING ACTIVITIES AS SUCH TERM IS DEFINED IN SUBPARAGRAPH (B) OF PARAGRAPH THREE-A OF THIS SUBDIVISION; AND (V) FIVE PERCENT FOR SITES REMEDIATED TO TRACK 1 AS THAT TERM IS DEFINED IN SUBDIVISION FOUR OF SECTION 27-1415 OF THE ENVIRONMENTAL CONSERVATION LAW. (C) THE TAXPAYER SHALL SUBMIT, IN THE MANNER PRESCRIBED BY THE COMMIS- SIONER, INFORMATION SUFFICIENT TO DEMONSTRATE THAT THE SITE QUALIFIES FOR ANY CREDIT COMPONENTS AVAILABLE UNDER SUBPARAGRAPH (B) OF THIS PARA- GRAPH. IF THE SITE IS RECEIVING THE CREDIT COMPONENT AUTHORIZED PURSUANT TO CLAUSE (II) OF SUBPARAGRAPH (B) OF THIS PARAGRAPH FOR BEING LOCATED WITHIN A DESIGNATED BROWNFIELD OPPORTUNITY AREA, THE TAXPAYER SHALL SUBMIT A CERTIFICATION FROM THE SECRETARY OF STATE THAT THE DEVELOPMENT IS IN CONFORMANCE WITH SUCH BROWNFIELD OPPORTUNITY AREA PLAN PURSUANT TO SECTION NINE HUNDRED SEVENTY-R OF THE GENERAL MUNICIPAL LAW. S 22. Clause (i) of subparagraph (B) of paragraph 3 of subdivision (b) of section 21 of the tax law, as amended by chapter 420 of the laws of 2006, is amended to read as follows: (i) is, or when occupied becomes, part of a dwelling whose primary ownership structure is covered under either article nine-B of the real property law or meets the requirements of section 216 (b)(1) of the Internal Revenue Code OR IS PART OF AN AFFORDABLE HOUSING PROJECT AS DEFINED IN SUBDIVISION TWENTY-NINE OF SECTION 27-1405 OF THE ENVIRON- MENTAL CONSERVATION LAW, WHERE UNITS ARE SOLD AS SINGLE FAMILY HOMES OR MULTIPLE FAMILY DWELLINGS; S 23. Paragraphs 2, 4 and 6 of subdivision (b) of section 21 of the tax law, as amended by section 1 of part H of chapter 577 of the laws of 2004 and subparagraph (B) and the closing paragraph of paragraph 6 as amended by section 1 of part G of chapter 62 of the laws of 2006, are amended to read as follows: (2) Site preparation costs. The term "site preparation costs" shall mean all amounts properly chargeable to a capital account, [(i)] which are paid or incurred [in connection with a site's qualification for a certificate of completion, and (ii) all other site preparation costs paid or incurred in connection with preparing a site for the erection of a building or a component of a building, or otherwise to establish a site as usable for its industrial, commercial (including the commercial development of residential housing), recreational or conservation purposes. Site preparation costs shall include, but not be limited to, the costs of excavation, temporary electric wiring, scaffolding, demoli- tion costs, and the costs of fencing and security facilities. Site preparation costs shall not include the cost of acquiring the site and S. 2006--B 85 A. 3006--B shall not include amounts included in the cost or other basis for feder- al income tax purposes of qualified tangible property, as described in paragraph three of this subdivision] WHICH ARE NECESSARY TO IMPLEMENT A SITE'S INVESTIGATION, REMEDIATION, OR QUALIFICATION FOR A CERTIFICATE OF COMPLETION, AND SHALL INCLUDE COSTS OF: EXCAVATION; DEMOLITION; ACTIV- ITIES UNDERTAKEN UNDER THE OVERSIGHT OF THE DEPARTMENT OF LABOR OR IN ACCORDANCE WITH STANDARDS ESTABLISHED BY THE DEPARTMENT OF HEALTH TO REMEDIATE AND DISPOSE OF REGULATED MATERIALS INCLUDING ASBESTOS, LEAD OR POLYCHLORINATED BIPHENYLS; ENVIRONMENTAL CONSULTING; ENGINEERING; LEGAL COSTS; TRANSPORTATION, DISPOSAL, TREATMENT OR CONTAINMENT OF CONTAM- INATED SOIL; REMEDIATION MEASURES TAKEN TO ADDRESS CONTAMINATED SOIL VAPOR; COVER SYSTEMS CONSISTENT WITH APPLICABLE REGULATIONS; PHYSICAL SUPPORT OF EXCAVATION; DEWATERING AND OTHER WORK TO FACILITATE OR ENABLE REMEDIATION ACTIVITIES; SHEETING, SHORING, AND OTHER ENGINEERING CONTROLS REQUIRED TO PREVENT OFF-SITE MIGRATION OF CONTAMINATION FROM THE QUALIFIED SITE OR MIGRATING ONTO THE QUALIFIED SITE; AND THE COSTS OF FENCING, TEMPORARY ELECTRIC WIRING, SCAFFOLDING, AND SECURITY FACILI- TIES UNTIL SUCH TIME AS THE CERTIFICATE OF COMPLETION HAS BEEN ISSUED. SITE PREPARATION SHALL INCLUDE ALL COSTS PAID OR INCURRED WITHIN SIXTY MONTHS AFTER THE LAST DAY OF THE TAX YEAR IN WHICH THE CERTIFICATE OF COMPLETION IS ISSUED THAT ARE NECESSARY FOR COMPLIANCE WITH THE CERTIF- ICATE OF COMPLETION OR SUBSEQUENT MODIFICATIONS THEREOF, OR THE REMEDIAL PROGRAM DEFINED IN SUCH CERTIFICATE OF COMPLETION INCLUDING BUT NOT LIMITED TO INSTITUTIONAL CONTROLS, ENGINEERING CONTROLS, AN APPROVED SITE MANAGEMENT PLAN, AND AN ENVIRONMENTAL EASEMENT WITH RESPECT TO THE QUALIFIED SITE. SITE PREPARATION COST SHALL NOT INCLUDE THE COSTS OF FOUNDATION SYSTEMS THAT EXCEED THE COVER SYSTEM REQUIREMENTS IN THE REGULATIONS APPLICABLE TO THE QUALIFIED SITE. (4) On-site groundwater remediation costs. The term "on-site groundwa- ter remediation costs" shall mean all amounts properly chargeable to a capital account, [(i)] which are paid or incurred [in connection with a site's qualification for a certificate of completion, and (ii) include costs which are paid or incurred in connection with the remediation of on-site groundwater contamination and incurred to implement a require- ment of the remedial work plan or an interim remedial measure work plan for a qualified site which are imposed pursuant to subdivisions two and three of section 27-1411 of the environmental conservation law] WHICH ARE NECESSARY TO IMPLEMENT A SITE'S GROUNDWATER INVESTIGATION, REMEDI- ATION, OR QUALIFICATION FOR A CERTIFICATE OF COMPLETION NOT ALREADY COVERED UNDER SITE PREPARATION COSTS, AND SHALL INCLUDE COSTS OF: ENVI- RONMENTAL CONSULTING; ENGINEERING; LEGAL COSTS; TRANSPORTATION, DISPOSAL, TREATMENT OR CONTAINMENT OF CONTAMINATED GROUNDWATER; SHEET- ING, SHORING, AND OTHER ENGINEERING CONTROLS REQUIRED TO PREVENT OFF-SITE MIGRATION OF GROUNDWATER CONTAMINATION FROM THE QUALIFIED SITE OR MIGRATING ONTO THE QUALIFIED SITE; AND THE COSTS OF FENCING, TEMPO- RARY ELECTRIC WIRING AND SECURITY FACILITIES UNTIL SUCH TIME AS THE CERTIFICATE OF COMPLETION IS ISSUED. ON-SITE GROUNDWATER REMEDIATION COSTS SHALL INCLUDE ALL COSTS PAID OR INCURRED WITHIN SIXTY MONTHS AFTER THE LAST DAY OF THE TAX YEAR IN WHICH THE CERTIFICATE OF COMPLETION IS ISSUED THAT ARE NECESSARY FOR COMPLIANCE WITH THE CERTIFICATE OF COMPLETION OR SUBSEQUENT MODIFICATIONS THEREOF, OR THE GROUNDWATER REME- DIAL PROGRAM DEFINED IN SUCH CERTIFICATE OF COMPLETION INCLUDING BUT NOT LIMITED TO INSTITUTIONAL CONTROLS, ENGINEERING CONTROLS, AN APPROVED SITE MANAGEMENT PLAN SPECIFIC TO ON-SITE GROUNDWATER REMEDIATION, AND AN ENVIRONMENTAL EASEMENT WITH RESPECT TO THE QUALIFIED SITE. S. 2006--B 86 A. 3006--B (6) Environmental zones (EN-Zones). An "environmental zone" shall mean an area designated as such by the commissioner of [economic development] LABOR. Such areas [so designated are areas which are] SHALL BE census tracts [and block numbering areas which, as of the two thousand census,] THAT satisfy either of the following criteria: (A) areas that have both: (i) a poverty rate of at least twenty percent [for the year to which the data relate] BASED ON THE MOST RECENT FIVE YEAR AMERICAN COMMUNITY SURVEY; and (ii) an unemployment rate of at least one and one-quarter times the statewide unemployment rate [for the year to which the data relate] BASED ON THE MOST RECENT FIVE YEAR AMERICAN COMMUNITY SURVEY, or; (B) areas that have a poverty rate of at least two times the poverty rate for the county in which the areas are located [for the year to which the data relate provided, however, that a qualified site shall only be deemed to be located in an environmental zone under this subpar- agraph (B) if such site was the subject of a brownfield site cleanup agreement pursuant to section 27-1409 of the environmental conservation law that was entered into prior to September first, two thousand ten] BASED ON THE MOST RECENT FIVE YEAR AMERICAN COMMUNITY SURVEY. Such designation shall be made and a list of all such environmental zones shall be established by the commissioner of [economic development no later than December thirty-first, two thousand four provided, howev- er, that a qualified site shall only be deemed to be located in an envi- ronmental zone under subparagraph (B) of this paragraph if such site was the subject of a brownfield site cleanup agreement pursuant to section 27-1409 of the environmental conservation law that was entered into prior to September first, two thousand ten] LABOR BASED ON THE TWO THOU- SAND NINE THROUGH TWO THOUSAND THIRTEEN AMERICAN COMMUNITY SURVEY ESTI- MATE. UPON REQUEST OF THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, THE COMMISSIONER OF LABOR SHALL UPDATE SUCH DESIGNATION BASED ON THE MOST RECENT AMERICAN COMMUNITY SURVEY, OR ITS SUCCESSOR. THE DETERMINATION OF WHETHER A SITE IS LOCATED IN AN ENVIRONMENTAL ZONE SHALL BE BASED ON THE DATE THE DEPARTMENT OF ENVIRONMENTAL CONSER- VATION ISSUED A NOTICE TO THE TAXPAYER THAT ITS REQUEST FOR PARTIC- IPATION IN THE BROWNFIELD CLEANUP PROGRAM HAS BEEN DEEMED COMPLETE PURSUANT TO SUBDIVISION THREE OF SECTION 27-1407 OF THE ENVIRONMENTAL CONSERVATION LAW. S 24. Section 171-r of the tax law is amended by adding a new subdivi- sion (e) to read as follows: (E) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF ENVI- RONMENTAL CONSERVATION, SHALL PUBLISH BY JANUARY THIRTY-FIRST, TWO THOU- SAND SIXTEEN A SUPPLEMENTAL BROWNFIELD CREDIT REPORT CONTAINING THE INFORMATION REQUIRED BY THIS SECTION ABOUT THE CREDITS CLAIMED FOR THE YEARS TWO THOUSAND FIVE, TWO THOUSAND SIX, AND TWO THOUSAND SEVEN. S 25. Section 171-s of the tax law is REPEALED. S 26. Paragraph b of subdivision 2 of section 970-r of the general municipal law, as added by section 1 of part F of chapter 1 of the laws of 2003, is amended to read as follows: b. Activities eligible to receive such assistance shall include, but are not limited to, the assembly and development of basic information about: (1) the borders of the proposed brownfield opportunity area; (2) the number and size of KNOWN OR SUSPECTED brownfield sites; (3) current and anticipated uses of the properties in the proposed BROWNFIELD OPPORTUNITY area; S. 2006--B 87 A. 3006--B (4) current and anticipated future conditions of groundwater in the proposed BROWNFIELD OPPORTUNITY area; (5) known data about the environmental conditions of the properties in the proposed BROWNFIELD OPPORTUNITY area; (6) ownership of the properties in the proposed BROWNFIELD OPPORTUNITY area AND WHETHER THE OWNERS ARE PARTICIPATING IN THE BROWNFIELD OPPORTU- NITY AREA PLANNING PROCESS; and (7) preliminary descriptions of possible remediation strategies, reuse opportunities, necessary infrastructure improvements and other public or private measures needed to stimulate investment, promote revitalization, and enhance community health and environmental conditions. S 27. Subparagraphs 2 and 5 of paragraph c of subdivision 2 of section 970-r of the general municipal law, as added by section 1 of part F of chapter 1 of the laws of 2003, are amended to read as follows: (2) areas with concentrations of KNOWN OR SUSPECTED brownfield sites; (5) areas with KNOWN OR SUSPECTED brownfield sites presenting strate- gic opportunities to stimulate economic development, community revitali- zation or the siting of public amenities. S 28. Paragraph a of subdivision 3 of section 970-r of the general municipal law, as amended by chapter 390 of the laws of 2008, is amended to read as follows: a. Within the limits of appropriations therefor, the secretary is authorized to provide, on a competitive basis, financial assistance to municipalities, to community based organizations, to community boards, or to municipalities and community based organizations acting in cooper- ation to prepare a nomination for designation of a brownfield opportu- nity area. Such financial assistance shall not exceed ninety percent of the costs of such nomination for any such area. A NOMINATION STUDY MUST INCLUDE SUFFICIENT INFORMATION TO DESIGNATE THE BROWNFIELD OPPORTUNITY AREA. THE CONTENTS OF THE NOMINATION STUDY SHALL BE DEVELOPED BASED ON PRE-NOMINATION STUDY INFORMATION, WHICH SHALL PRINCIPALLY CONSIST OF AN AREA-WIDE STUDY, DOCUMENTING THE HISTORIC BROWNFIELD USES IN THE AREA PROPOSED FOR DESIGNATION. S 29. Subparagraphs 2 and 5 of paragraph e of subdivision 3 and subdi- vision 4 of section 970-r of the general municipal law, subparagraphs 2 and 5 of paragraph e of subdivision 3 as added by section 1 of part F of chapter 1 of the laws of 2003 and subdivision 4 as amended by chapter 390 of the laws of 2008, are amended to read as follows: (2) areas with concentrations of KNOWN OR SUSPECTED brownfield sites; (5) areas with KNOWN OR SUSPECTED brownfield sites presenting strate- gic opportunities to stimulate economic development, community revitali- zation or the siting of public amenities. 4. Designation of brownfield opportunity area. Upon completion of a nomination for designation of a brownfield opportunity area, it shall be forwarded by the applicant to the secretary, who shall determine whether it is consistent with the provisions of this section. THE SECRETARY MAY REVIEW AND APPROVE A NOMINATION FOR DESIGNATION OF A BROWNFIELD OPPORTU- NITY AREA AT ANY TIME. If the secretary determines that the nomination is consistent with the provisions of this section, the brownfield oppor- tunity area shall be designated. If the secretary determines that the nomination is not consistent with the provisions of this section, the secretary shall make recommendations in writing to the applicant of the manner and nature in which the nomination should be amended. S 30. Paragraph a and subparagraphs 2 and 5 of paragraph e of subdivi- sion 6 of section 970-r of the general municipal law, paragraph a as amended by chapter 386 of the laws of 2007 and subparagraphs 2 and 5 of S. 2006--B 88 A. 3006--B paragraph e as added by section 1 of part F of chapter 1 of the laws of 2003, are amended to read as follows: a. Within the limits of appropriations therefor, [the commissioner, in consultation with] the secretary of state, is authorized to provide, on a competitive basis, financial assistance to municipalities, to communi- ty based organizations, to community boards, or to municipalities and community based organizations acting in cooperation to conduct brown- field site assessments [in a brownfield opportunity area designated pursuant to this section]. Such financial assistance shall not exceed ninety percent of the costs of such brownfield site assessment. (2) areas with concentrations of KNOWN OR SUSPECTED brownfield sites; (5) areas with KNOWN OR SUSPECTED brownfield sites presenting strate- gic opportunities to stimulate economic development, community revitali- zation or the siting of public amenities. S 31. Section 970-r of the general municipal law is amended by adding a new subdivision 10 to read as follows: 10. THE SECRETARY SHALL ESTABLISH CRITERIA FOR BROWNFIELD OPPORTUNITY AREA CONFORMANCE DETERMINATIONS FOR PURPOSES OF THE BROWNFIELD REDEVEL- OPMENT TAX CREDIT COMPONENT PURSUANT TO CLAUSE (II) OF SUBPARAGRAPH (B) OF PARAGRAPH (5) OF SUBDIVISION (A) OF SECTION TWENTY-ONE OF THE TAX LAW. IN ESTABLISHING CRITERIA, THE SECRETARY SHALL BE GUIDED BY, BUT NOT LIMITED TO, THE FOLLOWING CONSIDERATIONS: HOW THE PROPOSED USE AND DEVELOPMENT ADVANCES THE DESIGNATED BROWNFIELD OPPORTUNITY AREA PLAN'S VISION STATEMENT, GOALS AND OBJECTIVES FOR REVITALIZATION; HOW THE DENSITY OF DEVELOPMENT AND ASSOCIATED BUILDINGS AND STRUCTURES ADVANCES THE PLAN'S OBJECTIVES, DESIRED REDEVELOPMENT AND PRIORITIES FOR INVEST- MENT; AND HOW THE PROJECT COMPLIES WITH ZONING AND OTHER LOCAL LAWS AND STANDARDS TO GUIDE AND ENSURE APPROPRIATE USE OF THE PROJECT SITE. S 32. Section 31 of part H of chapter 1 of the laws of 2003, amending the tax law relating to brownfield redevelopment tax credits, remediated brownfield credit for real property taxes for qualified sites and envi- ronmental remediation insurance credits, as amended by chapter 474 of the laws of 2012, is amended to read as follows: S 31. The tax credits allowed under section [21,] 22 or 23 of the tax law and the corresponding provisions in articles 9, 9-A, 22[, 32] and 33 of the tax law, as added by the provisions of sections one through twen- ty-nine of this act, shall not be applicable [if] TO ANY SITE ACCEPTED INTO THE BROWNFIELD CLEANUP PROGRAM ON AND AFTER JULY 1, 2015 OR THE DATE OF PUBLICATION IN THE STATE REGISTER OF PROPOSED REGULATIONS DEFIN- ING "UNDERUTILIZED" AS PROVIDED IN SUBDIVISION 30 OF SECTION 27-1405 OF THE ENVIRONMENTAL CONSERVATION LAW, WHICHEVER SHALL BE LATER. THE TAX CREDITS ALLOWED UNDER SECTION 21 OF THE TAX LAW AND THE CORRESPONDING PROVISIONS IN ARTICLES 9, 9-A, 22 AND 33 OF THE TAX LAW, AS ADDED BY THE PROVISIONS OF SECTIONS ONE THROUGH TWENTY-NINE OF THIS ACT, SHALL NOT BE APPLICABLE TO ANY SITE ACCEPTED INTO THE BROWNFIELD CLEANUP PROGRAM AFTER DECEMBER 31, 2022, PROVIDED, HOWEVER THAT ANY SITES ACCEPTED ON OR BEFORE DECEMBER 31, 2022 MUST HAVE RECEIVED the [remediation] certif- icate OF COMPLETION required to qualify for any of such credits [is issued after December] ON OR BEFORE MARCH 31, [2015] 2026. S 33. Notwithstanding any other provision of this act, any site for which a brownfield cleanup agreement with the department of environ- mental conservation was entered into (1) prior to June 23, 2008 and which has not received a certificate of completion by December 31, 2017 or (2) on or after June 23, 2008 and prior to July 1, 2015 or the date of publication in the state register of proposed regulations defining "underutilized" as provided in subdivision 30 of section 27-1405 of the S. 2006--B 89 A. 3006--B environmental conservation law, whichever shall be later, and which has not received a certificate of completion by December 31, 2019, shall only be eligible for brownfield redevelopment tax credits available pursuant to section 21 of the tax law as if the site was accepted into the brownfield cleanup program on and after July 1, 2015 or the date of publication in the state register of proposed regulations defining "underutilized" as provided in subdivision 30 of section 27-1405 of the environmental conservation law, whichever shall be later, and shall be subject to the eligibility requirements for the tangible property credit component set forth in subdivision 1-a of section 27-1407 of the envi- ronmental conservation law. S 34. Paragraph c of subdivision 3 of section 27-0923 of the environ- mental conservation law, as amended by section 5 of part I of chapter 577 of the laws of 2004, is amended to read as follows: c. For the purpose of this section, generation of hazardous waste shall not include retrieval or creation of hazardous waste which must be disposed of under an order of or agreement with the department pursuant to title thirteen or title fourteen of this article or under a contract with the department pursuant to title five of article fifty-six of this chapter OR UNDER AN ORDER OF OR AGREEMENT WITH THE UNITED STATES ENVI- RONMENTAL PROTECTION AGENCY OR AN ORDER OF A COURT OF COMPETENT JURIS- DICTION, RELATED TO A FACILITY ADDRESSED PURSUANT TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (42 U.S.C. 9601 ET SEQ.) OR UNDER A WRITTEN AGREEMENT WITH A MUNICIPALITY WHICH HAS ENTERED INTO A MEMORANDUM OF AGREEMENT WITH THE DEPARTMENT RELATED TO THE REMEDIATION OF BROWNFIELD SITES AS OF AUGUST FIFTH, TWO THOUSAND TEN. S 35. Subparagraphs (i) and (vi) of paragraph d of subdivision 1 of section 72-0402 of the environmental conservation law, as amended by chapter 99 of the laws of 2010, are amended to read as follows: (i) under a contract with the department, or with the department's written approval and in compliance with department regulations, or pursuant to an order of the department, the United States environmental protection agency or a court OF COMPETENT JURISDICTION, related to the cleanup or remediation of a hazardous materials or hazardous waste spill, discharge, or surficial cleanup, pursuant to this chapter; or (vi) under a brownfield site cleanup agreement with the department pursuant to section 27-1409 of this chapter OR UNDER A WRITTEN AGREEMENT WITH A MUNICIPALITY WHICH HAS ENTERED INTO A MEMORANDUM OF AGREEMENT WITH THE DEPARTMENT RELATED TO THE REMEDIATION OF BROWNFIELD SITES AS OF AUGUST FIFTH, TWO THOUSAND TEN; or S 36. Section 56-0501 of the environmental conservation law, as added by chapter 413 of the laws of 1996, is amended to read as follows: S 56-0501. Allocation of moneys. 1. Of the moneys received by the state from the sale of bonds pursuant to the Clean Water/Clean Air Bond Act of 1996, two hundred million dollars ($200,000,000) shall be available for disbursements for environ- mental restoration projects. 2. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, ENVIRONMENTAL RESTORATION PROJECTS MAY BE FUNDED USING THE PROCEEDS OF BONDS ISSUED PURSUANT TO SECTION TWELVE HUNDRED EIGHTY-FIVE-Q OF THE PUBLIC AUTHORITIES LAW PROVIDED THAT FUNDING FOR SUCH PROJECTS SHALL CONFORM TO THE LIMITATIONS PROVIDED IN SUBDIVISION ONE OF SUCH SECTION. S. 2006--B 90 A. 3006--B S 37. Subdivision 6 of section 56-0502 of the environmental conserva- tion law, as amended by section 2 of part D of chapter 577 of the laws of 2004, is amended to read as follows: 6. "State assistance", for purposes of this title, shall mean in the case of a contract authorized by subdivision one of section 56-0503 of this title, payments made to a municipality to reimburse the munici- pality for the state share of the costs incurred by the municipality to undertake an environmental restoration project OR IN THE CASE OF A WRIT- TEN AGREEMENT AUTHORIZED BY SUBDIVISION THREE OF SECTION 56-0503 OF THIS TITLE, COSTS INCURRED BY THE STATE TO UNDERTAKE AN ENVIRONMENTAL RESTO- RATION PROJECT BUT NOT REIMBURSED BY A MUNICIPALITY. S 38. Paragraph (c) of subdivision 2 of section 56-0503 of the envi- ronmental conservation law, as amended by section 4 of part D of chapter 1 of the laws of 2003, is amended and a new subdivision 3 is added to read as follows: (c) A provision that THE MUNICIPALITY SHALL ASSIST IN IDENTIFYING A RESPONSIBLE PARTY BY SEARCHING LOCAL RECORDS, INCLUDING PROPERTY TAX ROLLS, OR DOCUMENT REVIEWS, AND if, in accordance with the required departmental approval of any settlement with a responsible party, any responsible party payments become available to the municipality, before, during or after the completion of an environmental restoration project, which were not included when the state share was calculated pursuant to this section, the state assistance share shall be recalculated, and the municipality shall pay to the state, for deposit into the environmental restoration project account of the hazardous waste remedial fund estab- lished under section ninety-seven-b of the state finance law, the difference between the original state assistance payment and the recal- culated state share. Recalculation of the state share shall be done each time a payment from a responsible party is received by the municipality; 3. THE DEPARTMENT MAY UNDERTAKE AN ENVIRONMENTAL RESTORATION PROJECT ON BEHALF OF A MUNICIPALITY UPON REQUEST. IF THE DEPARTMENT UNDERTAKES THE PROJECT ON BEHALF OF THE MUNICIPALITY, THE STATE SHALL ENTER INTO A WRITTEN AGREEMENT WITH THE MUNICIPALITY AND THE AGREEMENT SHALL REQUIRE THE MUNICIPALITY TO PERIODICALLY PROVIDE ITS SHARE TO THE STATE FOR COSTS INCURRED DURING THE PROGRESS OF SUCH PROJECT. THE MUNICIPALITY'S SHARE SHALL BE THE SAME AS WOULD BE REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION. THE AGREEMENT SHALL INCLUDE ALL PROVISIONS SPECIFIED IN SUBDIVISION TWO OF THIS SECTION AS APPROPRIATE. S 39. Subdivision 4 of section 56-0505 of the environmental conserva- tion law, as amended by section 5 of part D of chapter 1 of the laws of 2003, is amended to read as follows: 4. After completion of such project, the municipality may use the property for public purposes or may dispose of it. If the municipality shall dispose of such property by sale to a responsible party, such party shall pay to such municipality, in addition to such other consid- eration, an amount of money constituting the amount of state assistance provided [to the municipality] under this title plus accrued interest and transaction costs and the municipality shall deposit that money into the environmental restoration project account of the hazardous waste remedial fund established under section ninety-seven-b of the state finance law. S 40. Subdivisions 3 and 4 of section 56-0508 of the environmental conservation law, as added by section 7 of part D of chapter 1 of the laws of 2003, are amended to read as follows: 3. such temporary incidents of ownership by such taxing district shall also qualify it as being the owner of such property [for the purposes of S. 2006--B 91 A. 3006--B obtaining] TO BE ELIGIBLE FOR funding from the state of New York for such environmental restoration investigation project under this article or for such funding from any source pursuant to any other state, feder- al, or local law, but such incidents of ownership shall not be suffi- cient to qualify it as the owner of such property for the purposes of holding it wholly or partially liable for any damages, past, present, or future from any release of any hazardous material, substance, or contam- inant into the air, ground, or water, unless such release was caused by such taxing district. 4. within thirty days of the completion of the environmental restora- tion investigation project and the receipt by the taxing jurisdiction of the final report of such investigation, such taxing jurisdiction shall file such report with the court on notice to the court and all other parties of record, and the stay of the foreclosure shall be lifted (unless lifted earlier by a prior court order), and all incidents of temporary ownership of the taxing jurisdiction that was awarded such taxing district, except any right [to receive funding] for the environ- mental restoration investigation project TO BE FUNDED, shall cease to exist, and nothing in this subdivision shall preclude the taxing juris- diction that conducted the environmental restoration investigation project or the taxing jurisdiction that commenced the foreclosure action, if it is a different taxing jurisdiction than the taxing juris- diction which conducted the investigation, from withdrawing the parcel from foreclosure pursuant to section eleven hundred thirty-eight of the real property tax law. S 40-a. The opening paragraph and subparagraph (i) of paragraph (a) of subdivision 1 of section 56-0509 of the environmental conservation law, as amended by section 4 of part D of chapter 577 of the laws of 2004, are amended to read as follows: Notwithstanding any other provision of law and except as provided in subdivision two of this section and in paragraph (h) of subdivision two of section 56-0503 of this title, the following shall not be liable to the state upon any statutory or common law cause of action, or to any person upon any statutory cause of action arising out of the presence of any contamination in or on property at any time before the effective date of a contract entered into pursuant to this title OR WRITTEN AGREE- MENT PURSUANT TO SUBDIVISION THREE OF SECTION 56-0503 OF THIS TITLE: (i) a municipality receiving state assistance under this title to UNDERTAKE, OR UNDER WRITTEN AGREEMENT PURSUANT TO SUBDIVISION THREE OF SECTION 56-0503 OF THIS TITLE FOR THE STATE TO undertake an environ- mental restoration project and complying with the terms and conditions of the contract OR WRITTEN AGREEMENT PURSUANT TO SUBDIVISION THREE OF SECTION 56-0503 OF THIS TITLE providing such assistance; and S 41. Paragraph (f) of subdivision 3 of section 97-b of the state finance law, as amended by section 4 of part I of chapter 1 of the laws of 2003, is amended to read as follows: (f) to undertake such remedial measures as the department of environ- mental conservation may determine necessary due to environmental condi- tions related to the property subject to an agreement to provide state assistance OR CONTRACT under title five of article fifty-six of the environmental conservation law that were unknown to such department at the time of its approval of such agreement OR CONTRACT which indicates that conditions on such property are not sufficiently protective of human health for its reasonably anticipated uses or due to information received, in whole or in part, after such department's approval of such agreement's final engineering report and certification, which indicates S. 2006--B 92 A. 3006--B that such agreement's remedial activities are not sufficiently protec- tive of human health for such property's reasonably anticipated uses; and, [respecting the monies in the environmental restoration project account in excess of ten million dollars,] shall provide state assist- ance under title five of article fifty-six of the environmental conser- vation law; S 42. Notwithstanding the provisions of subdivision 1-a of section 27-1407 of the environmental conservation law, a site which is accepted into the brownfield cleanup program after the effective date of this act and prior to the adoption of regulations defining "underutilized" as provided in subdivision 30 of section 27-1405 of the environmental conservation law may, within ninety days following the adoption of such regulations, request an eligibility determination to receive the tangi- ble property credit component of the brownfield redevelopment credit pursuant to section 21 of the tax law. S 43. Subdivisions 1 and 3 of section 1285-q of the public authorities law, as added by section 6 of part I of chapter 1 of the laws of 2003, are amended to read as follows: 1. Subject to chapter fifty-nine of the laws of two thousand, but notwithstanding any other provisions of law to the contrary, in order to assist the corporation in undertaking the administration and the financ- ing of hazardous waste site remediation projects for payment of the state's share of the costs of the remediation of hazardous waste sites, in accordance with title thirteen of article twenty-seven of the envi- ronmental conservation law and section ninety-seven-b of the state finance law, and for payment of state costs associated with the remedi- ation of offsite contamination at significant threat sites as provided in section 27-1411 of the environmental conservation law, AND BEGINNING IN STATE FISCAL YEAR TWO THOUSAND FIFTEEN - TWO THOUSAND SIXTEEN FOR ENVIRONMENTAL RESTORATION PROJECTS PURSUANT TO TITLE FIVE OF ARTICLE FIFTY-SIX OF THE ENVIRONMENTAL CONSERVATION LAW PROVIDED THAT FUNDING FOR SUCH PROJECTS SHALL NOT EXCEED TEN PERCENT OF THE FUNDING APPROPRI- ATED FOR THE PURPOSES OF FINANCING HAZARDOUS WASTE SITE REMEDIATION PROJECTS, PURSUANT TO TITLE THIRTEEN OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW IN ANY STATE FISCAL YEAR pursuant to capital appropriations made to the department of environmental conserva- tion, the director of the division of budget and the corporation are each authorized to enter into one or more service contracts, none of which shall exceed twenty years in duration, upon such terms and condi- tions as the director and the corporation may agree, so as to annually provide to the corporation in the aggregate, a sum not to exceed the annual debt service payments and related expenses required for any bonds and notes authorized pursuant to section twelve hundred ninety of this title. Any service contract entered into pursuant to this section shall provide that the obligation of the state to fund or to pay the amounts therein provided for shall not constitute a debt of the state within the meaning of any constitutional or statutory provision and shall be deemed executory only to the extent of moneys available for such purposes, subject to annual appropriation by the legislature. Any such service contract or any payments made or to be made thereunder may be assigned and pledged by the corporation as security for its bonds and notes, as authorized pursuant to section twelve hundred ninety of this title. 3. The maximum amount of bonds that may be issued for the purpose of financing hazardous waste site remediation projects AND ENVIRONMENTAL RESTORATION PROJECTS authorized by this section shall not exceed [one] TWO billion two hundred million dollars and shall not exceed one hundred S. 2006--B 93 A. 3006--B [twenty] million dollars for appropriations enacted for any state fiscal year, provided that the bonds not issued for such appropriations may be issued pursuant to reappropriation in subsequent fiscal years. No bonds shall be issued for the repayment of any new appropriation enacted after March thirty-first, two thousand [thirteen] TWENTY-SIX for hazardous waste site remediation projects authorized by this section. Amounts authorized to be issued by this section shall be exclusive of bonds issued to fund any debt service reserve funds, pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay bonds or notes previously issued. Such bonds and notes of the corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by this state to the corporation for debt service and related expenses pursuant to any service contracts executed pursuant to subdivision one of this section, and such bonds and notes shall contain on the face thereof a statement to such effect. S 44. Severability. If any clause, sentence, paragraph, subdivision, 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 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 45. This act shall take effect July 1, 2015 or on the date of publi- cation in the state register of proposed regulations defining "underuti- lized" as provided in subdivision 30 of section 27-1405 of the environ- mental conservation law, whichever shall be later; provided, however, that: a. the commissioner of environmental conservation shall notify the legislative bill drafting commission of the date of publication in the state register of such proposed regulations 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 effecting provisions of section 44 of the legislative law and section 70-b of the public officers law; b. the amendments to section 970-r of the general municipal law made by sections twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty and thirty-one of this act; section 27-0923 of the environmental conser- vation law made by section thirty-four of this act; section 72-0402 of the environmental conservation law made by section thirty-five of this act; section 56-0501 of the environmental conservation law made by section thirty-six of this act; section 56-0502 of the environmental conservation law made by section thirty-seven of this act; section 56-0503 of the environmental conservation law made by section thirty- eight of this act; section 56-0505 of the environmental conservation law made by section thirty-nine of this act; section 56-0508 of the environ- mental conservation law made by section forty of this act; section 56-0509 of the environmental conservation law as amended by section forty-a of this act; section 97-b of the state finance law made by section forty-one of this act; and section 1285-q of the public authori- ties law made by section forty-three of this act shall take effect imme- diately; c. the department of environmental conservation shall not charge volunteers in the brownfield cleanup program for oversight costs for any S. 2006--B 94 A. 3006--B sites in the program incurred on or after July 1, 2015 or after the publication in the state register of proposed regulations defining "underutilized" as provided in subdivision 30 of section 27-1405 of the environmental conservation law, whichever shall be later; d. the amendments made by section two of this act relating to the definition of brownfield site, and all amendments made by sections seventeen, eighteen, nineteen, twenty, twenty-one and twenty-three of this act shall apply only to sites for which the department of environ- mental conservation has issued a notice to the applicant on or after July 1, 2015 or after the publication in the state register of proposed regulations defining "underutilized" as provided in subdivision 30 of section 27-1405 of the environmental conservation law, whichever shall be later, that its request for participation has been accepted under subdivision 6 of section 27-1407 of the environmental conservation law subject to the provisions of section thirty-three of this act; and e. the department of labor shall update the environmental zones as required by section twenty-four of this act within ninety days of this act becoming law; and f. the department of environmental conservation shall publish in the state register proposed regulations defining "affordable housing project" as provided in subdivision 29 of section 27-1405 of the envi- ronmental conservation law, on or before June 8, 2015. PART CC Section 1. Subparagraphs (a), (b) and (c) of paragraph 8 and paragraph 13 of subdivision 3 of section 73-a of the public officers law, subpara- graphs (a), (b) and (c) of paragraph 8 as amended by section 37 of subpart A of part H of chapter 55 of the laws of 2014 and paragraph 13 as amended by section 5 of part A of chapter 399 of the laws of 2011, are amended to read as follows: (a) If the reporting individual practices law, is licensed by the department of state as a real estate broker or agent or practices a profession licensed by the department of education, or works as a member or employee of a firm required to register pursuant to section one-e of the legislative law as a lobbyist, [give a general] DESCRIBE THE SERVICES RENDERED FOR WHICH COMPENSATION WAS PAID INCLUDING A GENERAL description of the principal subject areas of matters undertaken by such individual AND PRINCIPAL DUTIES PERFORMED. SPECIFICALLY STATE WHETHER THE REPORTING INDIVIDUAL PROVIDES SERVICES DIRECTLY TO CLIENTS. Addi- tionally, if such an individual practices with a firm or corporation and is a partner or shareholder of the firm or corporation, give a general description of principal subject areas of matters undertaken by such firm or corporation. ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ (b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON S. 2006--B 95 A. 3006--B OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN: If the reporting individual personally provides services to any person or entity, or works as a member or employee of a partnership or corpo- ration that provides such services (referred to hereinafter as a "firm"), then identify each client or customer to whom the reporting individual personally provided services, or who was referred to the firm by the reporting individual, and from whom the reporting individual or his or her firm earned fees in excess of $10,000 during the reporting period for such services rendered in direct connection with: (i) [A proposed bill or resolution in the senate or assembly during the reporting period; (ii)] A contract in an amount totaling $50,000 or more from the state or any state agency for services, materials, or property; [(iii)] (II) A grant of $25,000 or more from the state or any state agency during the reporting period; [(iv)] (III) A grant obtained through a legislative initiative during the reporting period; or [(v)] (IV) A case, proceeding, application or other matter that is not a ministerial matter before a state agency during the reporting period. For purposes of this question, "referred to the firm" shall mean: having intentionally and knowingly taken a specific act or series of acts to intentionally procure for the reporting individual's firm or knowingly solicit or direct to the reporting individual's firm in whole or substantial part, a person or entity that becomes a client of that firm for the purposes of representation for a matter as defined in subparagraphs (i) through [(v)] (IV) of this paragraph, as the result of such procurement, solicitation or direction of the reporting individual. A reporting individual need not disclose activities performed while lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi- sion seven of section seventy-three of this article. The disclosure requirement in this question shall not require disclo- sure of clients or customers receiving medical or dental services, mental health services, residential real estate brokering services, or insurance brokering services from the reporting individual or his or her firm. The reporting individual need not identify any client to whom he or she or his or her firm provided legal representation with respect to investigation or prosecution by law enforcement authorities, bankruptcy, or domestic relations matters. With respect to clients represented in other matters, where disclosure of a client's identity is likely to cause harm, the reporting individual shall request an exemption from the joint commission pursuant to paragraph (i) of subdivision nine of section ninety-four of the executive law[. Only], PROVIDED, HOWEVER, THAT a reporting individual who first enters public office after July first, two thousand twelve, need not report clients or customers with respect to matters for which the reporting individual or his or her firm was retained prior to entering public office. Client Nature of Services Provided ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ (c) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE PROVIDED ON OR AFTER [JANUARY FIRST] DECEMBER THIRTY-FIRST, TWO THOUSAND S. 2006--B 96 A. 3006--B FIFTEEN, OR FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON OR AFTER [JANUARY FIRST] DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN: If the reporting individual receives income of [fifty] TEN thousand dollars or greater from any employment or activity reportable under question 8(a), identify each registered lobbyist who has directly referred to such individual a client who was successfully referred to the reporting individual's business and from whom the reporting individ- ual or firm received a fee for services in excess of [ten] FIVE thousand dollars. Report only [these] THOSE referrals that were made to a report- ing individual by direct communication from a person known to such reporting individual to be a registered lobbyist at the time the refer- ral is made. With respect to each such referral, the reporting individ- ual shall identify THE CLIENT, the registered lobbyist who has made the referral, the category of value of the compensation received and a general description of the type of matter so referred. A reporting indi- vidual need not disclose activities performed while lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivision seven of section seventy-three of this article. The disclosure requirements in this question shall not require [disclosure of clients or customers receiving medical or dental services, mental health services, residen- tial real estate brokering services, or insurance brokering services from the reporting individual or his or her firm. The reporting individ- ual need not identify any client to whom he or she or his or her firm provided legal representation with respect to investigation or prose- cution by law enforcement authorities, bankruptcy, or domestic relations matters. With respect to clients represented in other matters, the reporting individual shall request an exemption from the joint commis- sion, which shall be granted for good cause shown. For the purposes of this question, good cause may be shown by circumstances including, but not limited to, where disclosure of a client's identity would reveal trade secrets or have a negative impact on the client's business inter- ests, would cause embarrassment for the client, could reasonably result in retaliation against the client, or would tend to reveal non-public matters regarding a criminal investigation. Only a] DISCLOSING CLIENTS OR CUSTOMERS RECEIVING MEDICAL, PHARMACEUTICAL OR DENTAL SERVICES, MENTAL HEALTH SERVICES, OR RESIDENTIAL REAL ESTATE BROKERING SERVICES FROM THE REPORTING INDIVIDUAL OR HIS OR HER FIRM OR IF FEDERAL LAW PROHIBITS OR LIMITS DISCLOSURE. THE REPORTING INDIVIDUAL NEED NOT IDEN- TIFY ANY CLIENT TO WHOM HE OR SHE OR HIS OR HER FIRM PROVIDED LEGAL REPRESENTATION WITH RESPECT TO INVESTIGATION OR PROSECUTION BY LAW ENFORCEMENT AUTHORITIES, BANKRUPTCY, FAMILY COURT, ESTATE PLANNING, OR DOMESTIC RELATIONS MATTERS, NOR SHALL THE REPORTING INDIVIDUAL IDENTIFY INDIVIDUALS REPRESENTED PURSUANT TO AN INSURANCE POLICY BUT THE REPORT- ING INDIVIDUAL SHALL IN SUCH CIRCUMSTANCES ONLY REPORT THE ENTITY THAT PROVIDES COMPENSATION TO THE REPORTING INDIVIDUAL; WITH RESPECT TO MATTERS IN WHICH THE CLIENT'S NAME IS REQUIRED BY LAW TO BE KEPT CONFI- DENTIAL (SUCH AS MATTERS GOVERNED BY THE FAMILY COURT ACT) OR IN MATTERS IN WHICH THE REPORTING INDIVIDUAL REPRESENTS OR PROVIDES SERVICES TO MINORS, THE CLIENT'S NAME MAY BE REPLACED WITH INITIALS. TO THE EXTENT THAT THE REPORTING INDIVIDUAL, OR HIS OR HER FIRM, PROVIDED LEGAL REPRE- SENTATION WITH RESPECT TO AN INITIAL PUBLIC OFFERING, AND FEDERAL LAW OR REGULATIONS RESTRICTS THE DISCLOSURE OF INFORMATION RELATING TO SUCH WORK, THE REPORTING INDIVIDUAL SHALL (I) DISCLOSE THE IDENTITY OF THE CLIENT AND THE SERVICES PROVIDED RELATING TO THE INITIAL PUBLIC OFFERING TO THE OFFICE OF COURT ADMINISTRATION, WHO WILL MAINTAIN SUCH INFORMA- S. 2006--B 97 A. 3006--B TION CONFIDENTIALLY IN A LOCKED BOX; AND (II) INCLUDE IN HIS OR HER RESPONSE A STATEMENT THAT PURSUANT TO THIS PARAGRAPH, A DISCLOSURE TO THE OFFICE OF COURT ADMINISTRATION HAS BEEN MADE. UPON SUCH TIME THAT THE DISCLOSURE OF INFORMATION MAINTAINED IN THE LOCKED BOX IS NO LONGER RESTRICTED BY FEDERAL LAW OR REGULATION, THE REPORTING INDIVIDUAL SHALL DISCLOSE SUCH INFORMATION IN AN AMENDED DISCLOSURE STATEMENT IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THIS PARAGRAPH. THE OFFICE OF COURT ADMINISTRATION SHALL DEVELOP AND MAINTAIN A SECURE PORTAL THROUGH WHICH INFORMATION SUBMITTED TO IT PURSUANT TO THIS PARAGRAPH CAN BE SAFELY AND CONFIDENTIALLY STORED. WITH RESPECT TO CLIENTS REPRESENTED IN OTHER MATTERS NOT OTHERWISE EXEMPT, THE REPORTING INDIVIDUAL MAY REQUEST AN EXEMPTION TO PUBLICLY DISCLOSING THE NAME OF THAT CLIENT FROM THE JOINT COMMISSION PURSUANT TO PARAGRAPH (I) OF SUBDIVISION NINE OF SECTION NINETY-FOUR OF THE EXECUTIVE LAW, OR FROM THE OFFICE OF COURT ADMINIS- TRATION. IN SUCH APPLICATION, THE REPORTING INDIVIDUAL SHALL STATE THE FOLLOWING: "MY CLIENT IS NOT CURRENTLY RECEIVING MY SERVICES OR SEEKING MY SERVICES IN CONNECTION WITH: (I) A PROPOSED BILL OR RESOLUTION IN THE SENATE OR ASSEMBLY DURING THE REPORTING PERIOD; (II) A CONTRACT IN AN AMOUNT TOTALING $10,000 OR MORE FROM THE STATE OR ANY STATE AGENCY FOR SERVICES, MATERIALS, OR PROPERTY; (III) A GRANT OF $10,000 OR MORE FROM THE STATE OR ANY STATE AGENCY DURING THE REPORTING PERIOD; (IV) A GRANT OBTAINED THROUGH A LEGISLATIVE INITIATIVE DURING THE REPORTING PERIOD; OR (V) A CASE, PROCEEDING, APPLICATION OR OTHER MATTER THAT IS NOT A MINISTERIAL MATTER BEFORE A STATE AGENCY DURING THE REPORTING PERIOD." IN REVIEWING THE REQUEST FOR AN EXEMPTION, THE JOINT COMMISSION OR THE OFFICE OF COURT ADMINISTRATION MAY CONSULT WITH BAR OR OTHER PROFES- SIONAL ASSOCIATIONS AND THE LEGISLATIVE ETHICS COMMISSION FOR INDIVID- UALS SUBJECT TO ITS JURISDICTION AND MAY CONSIDER THE RULES OF PROFES- SIONAL CONDUCT. IN MAKING ITS DETERMINATION, THE JOINT COMMISSION OR THE OFFICE OF COURT ADMINISTRATION SHALL CONDUCT ITS OWN INQUIRY AND SHALL CONSIDER FACTORS INCLUDING, BUT NOT LIMITED TO: (I) THE NATURE AND THE SIZE OF THE CLIENT; (II) WHETHER THE CLIENT HAS ANY BUSINESS BEFORE THE STATE; AND IF SO, HOW SIGNIFICANT THE BUSINESS IS; AND WHETHER THE CLIENT HAS ANY PARTICULARIZED INTEREST IN PENDING LEGISLATION AND IF SO HOW SIGNIFICANT THE INTEREST IS; (III) WHETHER DISCLOSURE MAY REVEAL TRADE SECRETS; (IV) WHETHER DISCLOSURE COULD REASONABLY RESULT IN RETAL- IATION AGAINST THE CLIENT; (V) WHETHER DISCLOSURE MAY CAUSE UNDUE HARM TO THE CLIENT; (VI) WHETHER DISCLOSURE MAY RESULT IN UNDUE HARM TO THE ATTORNEY-CLIENT RELATIONSHIP; AND (VII) WHETHER DISCLOSURE MAY RESULT IN AN UNNECESSARY INVASION OF PRIVACY TO THE CLIENT. THE JOINT COMMISSION OR, AS THE CASE MAY BE, THE OFFICE OF COURT ADMINISTRATION SHALL PROMPTLY MAKE A FINAL DETERMINATION IN RESPONSE TO SUCH REQUEST, WHICH SHALL INCLUDE AN EXPLANATION FOR ITS DETERMINATION. THE OFFICE OF COURT ADMINISTRATION SHALL ISSUE ITS FINAL DETERMINATION WITHIN THREE DAYS OF RECEIVING THE REQUEST. NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR ANY PROFESSIONAL DISCIPLINARY RULE TO THE CONTRARY, THE DISCLOSURE OF THE IDENTITY OF ANY CLIENT OR CUSTOMER IN RESPONSE TO THIS QUESTION SHALL NOT CONSTITUTE PROFESSIONAL MISCONDUCT OR A GROUND FOR DISCIPLINARY ACTION OF ANY KIND, OR FORM THE BASIS FOR ANY CIVIL OR CRIMINAL CAUSE OF ACTION OR PROCEEDING. A reporting individual who first enters public office after [January first] DECEMBER THIRTY-FIRST, two thousand fifteen, need not report clients or customers with respect to S. 2006--B 98 A. 3006--B matters for which the reporting individual or his or her firm was retained prior to entering public office. Client Name of Lobbyist Category of Amount (in Table 1) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 13. List below the nature and amount of any income in EXCESS of $1,000 from EACH SOURCE for the reporting individual and such individual's spouse for the taxable year last occurring prior to the date of filing. EACH SUCH SOURCE MUST BE DESCRIBED WITH PARTICULARITY. Nature of income includes, but is not limited to, all income (other than that received from the employment listed under Item 2 above) from compensated employment whether public or private, directorships and other fiduciary positions, contractual arrangements, teaching income, partnerships, honorariums, lecture fees, consultant fees, bank and bond interest, dividends, income derived from a trust, real estate rents, and recognized gains from the sale or exchange of real or other property. Income from a business or profession and real estate rents shall be reported with the source identified by the building address in the case of real estate rents and otherwise by the name of the entity and not by the name of the individual custom- ers, clients or tenants, with the aggregate net income before taxes for each building address or entity. The receipt of maintenance received in connection with a matrimonial action, alimony and child support payments shall not be listed. Self/ Category Spouse Source Nature of Amount (In Table I) ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ S 2. Paragraph 8 of subdivision 3 of section 73-a of the public offi- cers law is amended by adding two new subparagraphs (b-1) and (b-2) to read as follows: (B-1) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU- SAND FIFTEEN (FOR PURPOSES OF THIS QUESTION, "SERVICES" SHALL MEAN CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES): IF THE REPORTING INDIVIDUAL RECEIVES INCOME FROM EMPLOYMENT REPORTABLE IN QUESTION 8(A) AND PERSONALLY PROVIDES SERVICES TO ANY PERSON OR ENTI- TY, OR WORKS AS A MEMBER OR EMPLOYEE OF A PARTNERSHIP OR CORPORATION THAT PROVIDES SUCH SERVICES (REFERRED TO HEREINAFTER AS A "FIRM"), THE REPORTING INDIVIDUAL SHALL IDENTIFY EACH CLIENT OR CUSTOMER TO WHOM THE REPORTING INDIVIDUAL PERSONALLY PROVIDED SERVICES, OR WHO WAS REFERRED TO THE FIRM BY THE REPORTING INDIVIDUAL, AND FROM WHOM THE REPORTING S. 2006--B 99 A. 3006--B INDIVIDUAL OR HIS OR HER FIRM EARNED FEES IN EXCESS OF $10,000 DURING THE REPORTING PERIOD IN DIRECT CONNECTION WITH: (I) A CONTRACT IN AN AMOUNT TOTALING $10,000 OR MORE FROM THE STATE OR ANY STATE AGENCY FOR SERVICES, MATERIALS, OR PROPERTY; (II) A GRANT OF $10,000 OR MORE FROM THE STATE OR ANY STATE AGENCY DURING THE REPORTING PERIOD; (III) A GRANT OBTAINED THROUGH A LEGISLATIVE INITIATIVE DURING THE REPORTING PERIOD; OR (IV) A CASE, PROCEEDING, APPLICATION OR OTHER MATTER THAT IS NOT A MINISTERIAL MATTER BEFORE A STATE AGENCY DURING THE REPORTING PERIOD. FOR SUCH SERVICES RENDERED BY THE REPORTING INDIVIDUAL DIRECTLY TO EACH SUCH CLIENT, DESCRIBE EACH MATTER THAT WAS THE SUBJECT OF SUCH REPRESENTATION, THE SERVICES ACTUALLY PROVIDED AND THE PAYMENT RECEIVED. FOR PAYMENTS RECEIVED FROM CLIENTS REFERRED TO THE FIRM BY THE REPORTING INDIVIDUAL, IF THE REPORTING INDIVIDUAL DIRECTLY RECEIVED A REFERRAL FEE OR FEES FOR SUCH REFERRAL, IDENTIFY THE CLIENT AND THE PAYMENT SO RECEIVED. FOR PURPOSES OF THIS QUESTION, "REFERRED TO THE FIRM" SHALL MEAN: HAVING INTENTIONALLY AND KNOWINGLY TAKEN A SPECIFIC ACT OR SERIES OF ACTS TO INTENTIONALLY PROCURE FOR THE REPORTING INDIVIDUAL'S FIRM OR HAVING KNOWINGLY SOLICITED OR DIRECTED TO THE REPORTING INDIVIDUAL'S FIRM IN WHOLE OR SUBSTANTIAL PART, A PERSON OR ENTITY THAT BECOMES A CLIENT OF THAT FIRM FOR THE PURPOSES OF REPRESENTATION FOR A MATTER AS DEFINED IN CLAUSES (I) THROUGH (IV) OF THIS SUBPARAGRAPH, AS THE RESULT OF SUCH PROCUREMENT, SOLICITATION OR DIRECTION OF THE REPORTING INDIVID- UAL. A REPORTING INDIVIDUAL NEED NOT DISCLOSE ACTIVITIES PERFORMED WHILE LAWFULLY ACTING IN HIS OR HER CAPACITY AS PROVIDED IN PARAGRAPHS (C), (D), (E) AND (F) OF SUBDIVISION SEVEN OF SECTION SEVENTY-THREE OF THIS ARTICLE. CLIENT MATTER NATURE OF SERVICES PROVIDED CATEGORY OF AMOUNT (IN TABLE I) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ (B-2) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU- SAND FIFTEEN (FOR PURPOSES OF THIS QUESTION, "SERVICES" SHALL MEAN CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES): (I) WITH RESPECT TO REPORTING INDIVIDUALS WHO RECEIVE TEN THOUSAND DOLLARS OR MORE FROM EMPLOYMENT OR ACTIVITY REPORTABLE UNDER QUESTION 8(A), FOR EACH CLIENT OR CUSTOMER NOT OTHERWISE DISCLOSED OR EXEMPTED IN QUESTION 8 OR 13, DISCLOSE THE NAME OF EACH CLIENT OR CUSTOMER KNOWN TO THE REPORTING INDIVIDUAL TO WHOM THE REPORTING INDIVIDUAL PROVIDED SERVICES: (A) WHO PAID THE REPORTING INDIVIDUAL IN EXCESS OF FIVE THOU- SAND DOLLARS FOR SUCH SERVICES; OR (B) WHO HAD BEEN BILLED WITH THE KNOWLEDGE OF THE REPORTING INDIVIDUAL IN EXCESS OF FIVE THOUSAND DOLLARS BY THE FIRM OR OTHER ENTITY NAMED IN QUESTION 8(A) FOR THE REPORTING INDIVIDUAL'S SERVICES. CLIENT SERVICES CATEGORY OF AMOUNT S. 2006--B 100 A. 3006--B ACTUALLY PROVIDED (IN TABLE I) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED": * REVIEWED DOCUMENTS AND CORRESPONDENCE; * REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING; * PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME); * CONSULTED WITH CLIENT OR CONSULTED WITH LAW PARTNERS/ASSOCIATES/MEMBERS OF FIRM ON CLIENT MATTER (IDENTIFY CLIENT BY NAME); * PREPARED CERTIFIED FINANCIAL STATEMENT FOR CLIENT (IDENTIFY CLIENT BY NAME); * REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR REPRESENTATION OR CONSULTATION; * COMMERCIAL BROKERING SERVICES (IDENTIFY CUSTOMER BY NAME); * PREPARED CERTIFIED ARCHITECTURAL OR ENGINEERING RENDERINGS FOR CLIENT (IDENTIFY CUSTOMER BY NAME); * COURT APPOINTED GUARDIAN OR EVALUATOR (IDENTIFY COURT NOT CLIENT). (II) WITH RESPECT TO REPORTING INDIVIDUALS WHO DISCLOSED IN QUESTION 8(A) THAT THE REPORTING INDIVIDUAL DID NOT PROVIDE SERVICES TO A CLIENT BUT PROVIDED SERVICES TO A FIRM OR BUSINESS, IDENTIFY THE CATEGORY OF AMOUNT RECEIVED FOR PROVIDING SUCH SERVICES AND DESCRIBE THE SERVICES RENDERED. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ A REPORTING INDIVIDUAL NEED NOT DISCLOSE ACTIVITIES PERFORMED WHILE LAWFULLY ACTING IN HIS OR HER CAPACITY AS PROVIDED IN PARAGRAPHS (C), (D), (E) AND (F) OF SUBDIVISION SEVEN OF SECTION SEVENTY-THREE OF THIS ARTICLE. THE DISCLOSURE REQUIREMENT IN QUESTIONS (B-1) AND (B-2) SHALL NOT REQUIRE DISCLOSING CLIENTS OR CUSTOMERS RECEIVING MEDICAL, PHARMACEU- TICAL OR DENTAL SERVICES, MENTAL HEALTH SERVICES, OR RESIDENTIAL REAL ESTATE BROKERING SERVICES FROM THE REPORTING INDIVIDUAL OR HIS OR HER FIRM OR IF FEDERAL LAW PROHIBITS OR LIMITS DISCLOSURE. THE REPORTING INDIVIDUAL NEED NOT IDENTIFY ANY CLIENT TO WHOM HE OR SHE OR HIS OR HER FIRM PROVIDED LEGAL REPRESENTATION WITH RESPECT TO INVESTIGATION OR PROSECUTION BY LAW ENFORCEMENT AUTHORITIES, BANKRUPTCY, FAMILY COURT, ESTATE PLANNING, OR DOMESTIC RELATIONS MATTERS, NOR SHALL THE REPORTING INDIVIDUAL IDENTIFY INDIVIDUALS REPRESENTED PURSUANT TO AN INSURANCE POLICY BUT THE REPORTING INDIVIDUAL SHALL IN SUCH CIRCUMSTANCES ONLY REPORT THE ENTITY THAT PROVIDES COMPENSATION TO THE REPORTING INDIVID- UAL; WITH RESPECT TO MATTERS IN WHICH THE CLIENT'S NAME IS REQUIRED BY LAW TO BE KEPT CONFIDENTIAL (SUCH AS MATTERS GOVERNED BY THE FAMILY COURT ACT) OR IN MATTERS IN WHICH THE REPORTING INDIVIDUAL REPRESENTS OR PROVIDES SERVICES TO MINORS, THE CLIENT'S NAME MAY BE REPLACED WITH INITIALS. TO THE EXTENT THAT THE REPORTING INDIVIDUAL, OR HIS OR HER FIRM, PROVIDED LEGAL REPRESENTATION WITH RESPECT TO AN INITIAL PUBLIC OFFERING, AND PROFESSIONAL DISCIPLINARY RULES, FEDERAL LAW OR REGU- LATIONS RESTRICT THE DISCLOSURE OF INFORMATION RELATING TO SUCH WORK, THE REPORTING INDIVIDUAL SHALL (I) DISCLOSE THE IDENTITY OF THE CLIENT AND THE SERVICES PROVIDED RELATING TO THE INITIAL PUBLIC OFFERING TO THE S. 2006--B 101 A. 3006--B OFFICE OF COURT ADMINISTRATION, WHO WILL MAINTAIN SUCH INFORMATION CONFIDENTIALLY IN A LOCKED BOX; AND (II) INCLUDE IN HIS OR HER RESPONSE TO QUESTIONS (B-1) AND (B-2) THAT PURSUANT TO THIS PARAGRAPH, A DISCLO- SURE TO THE OFFICE OF COURT ADMINISTRATION HAS BEEN MADE. UPON SUCH TIME THAT THE DISCLOSURE OF INFORMATION MAINTAINED IN THE LOCKED BOX IS NO LONGER RESTRICTED BY PROFESSIONAL DISCIPLINARY RULES, FEDERAL LAW OR REGULATION, THE REPORTING INDIVIDUAL SHALL DISCLOSE SUCH INFORMATION IN AN AMENDED DISCLOSURE STATEMENT IN RESPONSE TO THE DISCLOSURE REQUIRE- MENTS IN QUESTIONS (B-1) AND (B-2). THE OFFICE OF COURT ADMINISTRATION SHALL DEVELOP AND MAINTAIN A SECURE PORTAL THROUGH WHICH INFORMATION SUBMITTED TO IT PURSUANT TO THIS PARAGRAPH CAN BE SAFELY AND CONFIDEN- TIALLY STORED. WITH RESPECT TO CLIENTS REPRESENTED IN OTHER MATTERS NOT OTHERWISE EXEMPT, THE REPORTING INDIVIDUAL MAY REQUEST AN EXEMPTION TO PUBLICLY DISCLOSING THE NAME OF THAT CLIENT FROM THE JOINT COMMISSION PURSUANT TO PARAGRAPH (I) OF SUBDIVISION NINE OF SECTION NINETY-FOUR OF THE EXECUTIVE LAW, OR FROM THE OFFICE OF COURT ADMINISTRATION. IN SUCH APPLICATION, THE REPORTING INDIVIDUAL SHALL STATE THE FOLLOWING: "MY CLIENT IS NOT CURRENTLY RECEIVING MY SERVICES OR SEEKING MY SERVICES IN CONNECTION WITH: (I) A PROPOSED BILL OR RESOLUTION IN THE SENATE OR ASSEMBLY DURING THE REPORTING PERIOD; (II) A CONTRACT IN AN AMOUNT TOTALING $10,000 OR MORE FROM THE STATE OR ANY STATE AGENCY FOR SERVICES, MATERIALS, OR PROPERTY; (III) A GRANT OF $10,000 OR MORE FROM THE STATE OR ANY STATE AGENCY DURING THE REPORTING PERIOD; (IV) A GRANT OBTAINED THROUGH A LEGISLATIVE INITIATIVE DURING THE REPORTING PERIOD; OR (V) A CASE, PROCEEDING, APPLICATION OR OTHER MATTER THAT IS NOT A MINISTERIAL MATTER BEFORE A STATE AGENCY DURING THE REPORTING PERIOD." IN REVIEWING THE REQUEST FOR AN EXEMPTION, THE JOINT COMMISSION OR THE OFFICE OF COURT ADMINISTRATION MAY CONSULT WITH BAR OR OTHER PROFES- SIONAL ASSOCIATIONS AND THE LEGISLATIVE ETHICS COMMISSION FOR INDIVID- UALS SUBJECT TO ITS JURISDICTION AND MAY CONSIDER THE RULES OF PROFES- SIONAL CONDUCT. IN MAKING ITS DETERMINATION, THE JOINT COMMISSION OR THE OFFICE OF COURT ADMINISTRATION SHALL CONDUCT ITS OWN INQUIRY AND SHALL CONSIDER FACTORS INCLUDING, BUT NOT LIMITED TO: (I) THE NATURE AND THE SIZE OF THE CLIENT; (II) WHETHER THE CLIENT HAS ANY BUSINESS BEFORE THE STATE; AND IF SO, HOW SIGNIFICANT THE BUSINESS IS; AND WHETHER THE CLIENT HAS ANY PARTICULARIZED INTEREST IN PENDING LEGISLATION AND IF SO HOW SIGNIFICANT THE INTEREST IS; (III) WHETHER DISCLOSURE MAY REVEAL TRADE SECRETS; (IV) WHETHER DISCLOSURE COULD REASONABLY RESULT IN RETAL- IATION AGAINST THE CLIENT; (V) WHETHER DISCLOSURE MAY CAUSE UNDUE HARM TO THE CLIENT; (VI) WHETHER DISCLOSURE MAY RESULT IN UNDUE HARM TO THE ATTORNEY-CLIENT RELATIONSHIP; AND (VII) WHETHER DISCLOSURE MAY RESULT IN AN UNNECESSARY INVASION OF PRIVACY TO THE CLIENT. THE JOINT COMMISSION OR, AS THE CASE MAY BE, THE OFFICE OF COURT ADMINISTRATION SHALL PROMPTLY MAKE A FINAL DETERMINATION IN RESPONSE TO SUCH REQUEST, WHICH SHALL INCLUDE AN EXPLANATION FOR ITS DETERMINATION. THE OFFICE OF COURT ADMINISTRATION SHALL ISSUE ITS FINAL DETERMINATION WITHIN THREE DAYS OF RECEIVING THE REQUEST. NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR ANY PROFESSIONAL DISCIPLINARY RULE TO THE CONTRARY, THE DISCLOSURE OF THE IDENTITY OF ANY CLIENT OR CUSTOMER IN RESPONSE TO THIS QUESTION SHALL NOT CONSTITUTE PROFESSIONAL MISCONDUCT OR A GROUND FOR DISCIPLINARY ACTION OF ANY KIND, OR FORM THE BASIS FOR ANY CIVIL OR CRIMINAL CAUSE OF ACTION OR PROCEEDING. A REPORTING INDIVIDUAL WHO FIRST ENTERS PUBLIC OFFICE AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, S. 2006--B 102 A. 3006--B NEED NOT REPORT CLIENTS OR CUSTOMERS WITH RESPECT TO MATTERS FOR WHICH THE REPORTING INDIVIDUAL OR HIS OR HER FIRM WAS RETAINED PRIOR TO ENTER- ING PUBLIC OFFICE. CLIENT SERVICES CATEGORY OF AMOUNT ACTUALLY PROVIDED (IN TABLE I) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ S 3. Section 73-a of the public officers law is amended by adding a new subdivision 7 to read as follows: 7. WITH RESPECT TO AN APPLICATION TO EITHER THE JOINT COMMISSION OR THE OFFICE OF COURT ADMINISTRATION FOR AN EXEMPTION TO DISCLOSING THE NAME OF A CLIENT OR CUSTOMER IN RESPONSE TO QUESTIONS 8 (B-1), 8 (B-2) AND 8 (C), ALL INFORMATION WHICH IS THE SUBJECT OF OR A PART OF SUCH APPLICATION SHALL REMAIN CONFIDENTIAL. THE NAME OF THE CLIENT NEED NOT BE DISCLOSED BY THE REPORTING INDIVIDUAL UNLESS AND UNTIL THE JOINT COMMISSION OR THE OFFICE OF COURT ADMINISTRATION FORMALLY ADVISES THE REPORTING INDIVIDUAL THAT HE OR SHE MUST DISCLOSE SUCH NAMES AND THE REPORTING INDIVIDUAL AGREES TO REPRESENT THE CLIENT. ANY COMMISSIONER OR PERSON EMPLOYED BY THE JOINT COMMISSION OR ANY PERSON EMPLOYED BY THE OFFICE OF COURT ADMINISTRATION WHO, INTENTIONALLY AND WITHOUT AUTHORI- ZATION FROM A COURT OF COMPETENT JURISDICTION RELEASES CONFIDENTIAL INFORMATION RELATED TO A REQUEST FOR AN EXEMPTION RECEIVED BY THE COMMISSION OR THE OFFICE OF COURT ADMINISTRATION SHALL BE GUILTY OF A CLASS A MISDEMEANOR. S 4. Section 73 of the public officers law is amended by adding a new subdivision 7-a to read as follows: 7-A. NO MEMBER OF THE LEGISLATURE, LEGISLATIVE EMPLOYEE, STATEWIDE ELECTED OFFICIAL, OR STATE OFFICER OR EMPLOYEE SHALL RECEIVE, DIRECTLY OR INDIRECTLY, OR ENTER INTO ANY AGREEMENT EXPRESS OR IMPLIED, FOR ANY COMPENSATION, IN WHATEVER FORM, FOR THE RENDERING OF CONSULTING, REPRES- ENTATIONAL, ADVISORY OR OTHER SERVICES BY HIMSELF OR HERSELF OR ANOTHER IN CONNECTION WITH ANY PROPOSED OR PENDING BILL OR RESOLUTION IN THE SENATE OR ASSEMBLY. S 5. Subdivision 18 of section 73 of the public officers law, as amended by chapter 14 of the laws of 2007, is amended to read as follows: 18. In addition to any penalty contained in any other provision of law, any person who knowingly and intentionally violates the provisions of subdivisions two through five, seven, SEVEN-A, eight, twelve or four- teen through seventeen of this section shall be subject to a civil penalty in an amount not to exceed forty thousand dollars and the value of any gift, compensation or benefit received in connection with such violation. Assessment of a civil penalty hereunder shall be made by the state oversight body with jurisdiction over such person. A state over- sight body acting pursuant to its jurisdiction, may, in lieu of a civil penalty, with respect to a violation of subdivisions two through five, seven or eight of this section, refer a violation of any such subdivi- sion to the appropriate prosecutor and upon such conviction such violation shall be punishable as a class A misdemeanor. S 6. Subdivisions (k) and (t) of section 1-c of the legislative law, subdivision (k) as amended and subdivision (t) as added by chapter 1 of the laws of 2005, are amended to read as follows: S. 2006--B 103 A. 3006--B (k) The term "municipality" shall mean any jurisdictional subdivision of the state, including but not limited to counties, cities, towns, villages, improvement districts and special districts, with a population of more than [fifty] FIVE thousand, and industrial development agencies in jurisdictional subdivisions with a population of more than [fifty] FIVE thousand; and public authorities, and public corporations[, but shall not include school districts]. (t) The term "local legislative body" shall mean the board of supervi- sors, board of aldermen, common council, council, commission, town board, board of trustees or other elective governing board or body of a municipality now or hereafter vested by state statute, charter or other law with jurisdiction to initiate and adopt local laws [and], ordinances AND BUDGETS, whether or not such local laws [or], ordinances OR BUDGETS require approval of the elective chief executive officer or other offi- cial or body to become effective. S 7. Subdivision 2 of section 5 of the legislative law is REPEALED and a new subdivision 2 is added to read as follows: 2. (A) EACH MEMBER OF THE LEGISLATURE, UPON VERIFICATION OF ATTEND- ANCE, WHICH SHALL BE BY ELECTRONIC VERIFICATION WHEN PRACTICABLE, IN COMPLIANCE WITH THE POLICIES SET FORTH BY THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE FOR THEIR RESPECTIVE BODIES, SHALL BE ELIGIBLE TO RECEIVE PAYMENT OF ACTUAL AND NECESSARY TRAVEL EXPENSES AND A PER DIEM EQUIVALENT TO THE MOST RECENT FEDERAL PER DIEM RATES PUBLISHED BY THE GENERAL SERVICES ADMINISTRATION AS SET FORTH IN 41 CFR (CODE OF FEDERAL REGULATIONS) PART 301, APP. A, FOR THE TIME IN WHICH THE MEMBER WAS IN TRAVEL STATUS IN THE PERFORMANCE OF HIS OR HER DUTIES DURING THE MONTHS IN WHICH THE LEGISLATURE IS SCHEDULED TO BE IN REGULAR SESSION. DURING THE MONTHS WHEN THE LEGISLATURE IS NOT SCHED- ULED TO BE IN REGULAR SESSION, MEMBERS SHALL RECEIVE SUCH ACTUAL AND NECESSARY TRAVEL EXPENSES AND PER DIEMS, IN COMPLIANCE WITH VERIFICATION POLICIES AND IN ACCORD WITH STANDARDS AND LIMITS FOR REIMBURSABLE EVENTS SET FORTH BY THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE FOR THEIR RESPECTIVE BODIES. THE PER DIEM ALLOWANCES INCLUD- ING PARTIAL PER DIEM ALLOWANCES SHALL BE MADE ON AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED BY THE TEMPORARY PRESIDENT OF THE SENATE OR HIS OR HER DESIGNEE AND SPEAKER OF THE ASSEMBLY OR HIS OR HER DESIGNEE FOR THEIR RESPECTIVE HOUSES. (B) EACH HOUSE SHALL MAKE AVAILABLE ON ITS WEBSITE ALL DOCUMENTATION OTHERWISE AVAILABLE TO THE PUBLIC PURSUANT TO SECTION EIGHTY-EIGHT OF THE PUBLIC OFFICERS LAW RELATED TO THE PAYMENT OF TRAVEL EXPENSES AND PER DIEMS. S 8. Subdivision 1 of section 14-107 of the election law, as added by section 4 of subpart C of part H of chapter 55 of the laws of 2014, is amended to read as follows: 1. For purposes of this article: (a) "Independent expenditure" means an expenditure made by a person conveyed to five hundred or more members of a general public audience in the form of (i) an audio or video communication via broadcast, cable or satellite, (ii) a written communication via advertisements, pamphlets, circulars, flyers, brochures, letterheads or (iii) other published statements which: (i) irrespective of when such communication is made, contains words such as "vote," "oppose," "support," "elect," "defeat," or "reject," which call for the election or defeat of the clearly iden- tified candidate, [or] (ii) refers to and advocates for or against a clearly identified candidate or ballot proposal on or after January first of the year of the election in which such candidate is seeking S. 2006--B 104 A. 3006--B office or such proposal shall appear on the ballot, OR (III) WITHIN SIXTY DAYS BEFORE A GENERAL OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY THE CANDIDATE OR THIRTY DAYS BEFORE A PRIMARY ELECTION, INCLUDES OR REFERENCES A CLEARLY IDENTIFIED CANDIDATE. An independent expenditure shall not include communications where such candidate, the candidate's political committee or its agents, A PARTY COMMITTEE OR ITS AGENTS, OR A CONSTITUTED COMMITTEE OR ITS AGENTS or a political committee formed to promote the success or defeat of a ballot proposal or its agents, did authorize, request, suggest, foster or cooperate in such communication. (b) Independent expenditures do not include expenditures in connection with: (i) a written news story, commentary, or editorial or a news story, commentary, or editorial distributed through the facilities of any broadcasting station, cable or satellite unless such publication or facilities are owned or controlled by any political party, political committee or candidate; or (ii) a communication that constitutes a candidate debate or forum; or (iii) internal communication by members to other members of a member- ship organization of not more than five hundred members, for the purpose of supporting or opposing a candidate or candidates for elective office, provided such expenditures are not used for the costs of campaign mate- rial or communications used in connection with broadcasting, telecast- ing, newspapers, magazines, or other periodical publication, billboards, or similar types of general public communications; or (iv) INTERNAL COMMUNICATIONS BY MEMBERS TO OTHER MEMBERS OF A MEMBER- SHIP ORGANIZATION OF NOT MORE THAN FIVE HUNDRED MEMBERS OR COMMUNI- CATIONS BY A CORPORATION ORGANIZED FOR CHARITABLE PURPOSES PURSUANT TO S501(C)(3) OF THE INTERNAL REVENUE CODE, WITHIN SIXTY DAYS BEFORE A GENERAL OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY THE CANDIDATE OR THIRTY DAYS BEFORE A PRIMARY ELECTION, THAT INCLUDES OR REFERENCES A CLEARLY IDENTIFIED CANDIDATE BUT DOES NOT OTHERWISE QUALIFY AS AN INDE- PENDENT EXPENDITURE UNDER THIS SECTION. (V) a communication published on the Internet, unless the communi- cation is a paid advertisement. (c) For purposes of this section, the term "person" shall mean person, group of persons, corporation, unincorporated business entity, labor organization or business, trade or professional association or organiza- tion, or political committee; PROVIDED, HOWEVER, THAT SUCH DEFINITION SHALL NOT INCLUDE ANY PARTY OR CONSTITUTED COMMITTEE, THAT IS REQUIRED TO FILE DISCLOSURE REPORTS UNDER THIS CHAPTER. S 9. Section 14-130 of the election law, as added by chapter 152 of the laws of 1985, is amended to read as follows: S 14-130. Campaign funds for personal use. 1. Contributions received by a candidate or a political committee may be expended for any lawful purpose. Such funds shall not be converted by any person to a personal use which is unrelated to a political campaign or the holding of a public office or party position. 2. NO CONTRIBUTION SHALL BE USED TO PAY INTEREST OR ANY OTHER FINANCE CHARGES UPON MONIES LOANED TO THE CAMPAIGN BY SUCH CANDIDATE OR THE SPOUSE OF SUCH CANDIDATE. 3. FOR THE PURPOSES OF THIS SECTION, CONTRIBUTIONS "CONVERTED BY ANY PERSON TO A PERSONAL USE" ARE EXPENDITURES THAT ARE EXCLUSIVELY FOR THE PERSONAL BENEFIT OF THE CANDIDATE OR ANY OTHER INDIVIDUAL, NOT IN CONNECTION WITH A POLITICAL CAMPAIGN OR THE HOLDING OF A PUBLIC OFFICE OR PARTY POSITION. "CONVERTED BY ANY PERSON TO A PERSONAL USE", WHEN S. 2006--B 105 A. 3006--B MEETING THE DEFINITION IN THIS SUBDIVISION, SHALL INCLUDE, BUT NOT BE LIMITED TO, EXPENSES FOR THE FOLLOWING: (I) ANY RESIDENTIAL OR HOUSEHOLD ITEMS, SUPPLIES OR EXPENDITURES, INCLUDING MORTGAGE, RENT OR UTILITY PAYMENTS FOR ANY PART OF ANY PERSONAL RESIDENCE OF A CANDIDATE OR OFFICEHOLDER OR A MEMBER OF THE CANDIDATE'S OR OFFICEHOLDER'S FAMILY THAT ARE NOT INCURRED AS A RESULT OF, OR TO FACILITATE, THE INDIVIDUAL'S CAMPAIGN, OR THE EXECUTION OF HIS OR HER DUTIES OF PUBLIC OFFICE OR PARTY POSITION. IN THE EVENT THAT ANY PROPERTY OR BUILDING IS USED FOR BOTH PERSONAL AND CAMPAIGN USE OR AS PART OF THE EXECUTION OF HIS OR HER DUTIES OF PUBLIC OFFICE OR PARTY POSITION, PERSONAL USE SHALL CONSTITUTE EXPENSES THAT EXCEED THE PRO-RATED AMOUNT FOR SUCH EXPENSES BASED ON FAIR-MARKET VALUE. (II) MORTGAGE, RENT, OR UTILITY PAYMENTS TO A CANDIDATE OR OFFICEHOLD- ER FOR ANY PART OF ANY NON-RESIDENTIAL PROPERTY THAT IS OWNED BY A CANDIDATE OR OFFICEHOLDER OR A MEMBER OF A CANDIDATE'S OR OFFICEHOLDER'S FAMILY AND USED FOR CAMPAIGN PURPOSES, TO THE EXTENT THE PAYMENTS EXCEED THE FAIR MARKET VALUE OF THE PROPERTY'S USAGE FOR CAMPAIGN ACTIVITIES; (III) CLOTHING, OTHER THAN ITEMS THAT ARE USED IN THE CAMPAIGN OR IN THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE OR PARTY POSITION; (IV) TUITION PAYMENTS UNRELATED TO A POLITICAL CAMPAIGN OR THE HOLDING OF A PUBLIC OFFICE OR PARTY POSITION; (V) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO ANY PERSON FOR SERVICES WHERE SUCH SERVICES ARE NOT SOLELY FOR CAMPAIGN PURPOSES OR PROVIDED IN CONNECTION WITH THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE OR PARTY POSITION; (VI) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO A MEMBER OF A CANDIDATE'S FAMILY, UNLESS THE FAMILY MEMBER IS PROVIDING BONA FIDE SERVICES TO THE CAMPAIGN. IF A FAMILY MEMBER PROVIDES BONA FIDE SERVICES TO A CAMPAIGN, ANY SALARY PAYMENTS OR OTHER COMPENSATION IN EXCESS OF THE FAIR MARKET VALUE OF THE SERVICES PROVIDED SHALL BE CONSIDERED PAYMENTS FOR PERSONAL USE; (VII) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR OTHER FORM OF ENTERTAINMENT, UNLESS SUCH EVENT IS PART OF, OR IN CONNECTION WITH, A CAMPAIGN OR IS RELATED TO THE HOLDING OF PUBLIC OFFICE OR PARTY POSI- TION; (VIII) PAYMENT OF ANY FINES OR PENALTIES ASSESSED AGAINST THE CANDI- DATE PURSUANT TO THIS CHAPTER OR IN CONNECTION WITH A CRIMINAL CONVICTION OR BY THE JOINT COMMISSION FOR PUBLIC ETHICS PURSUANT TO SECTION NINETY-FOUR OF THE EXECUTIVE LAW OR SECTIONS SEVENTY-THREE OR SEVENTY-THREE-A OF THE PUBLIC OFFICERS LAW OR THE LEGISLATIVE ETHICS COMMISSION PURSUANT TO SECTION EIGHTY OF THE LEGISLATIVE LAW; (IX) DUES, FEES, OR GRATUITIES AT A COUNTRY CLUB, HEALTH CLUB, RECRE- ATIONAL FACILITY OR OTHER ENTITIES WITH A SIMILAR PURPOSE, UNLESS THEY ARE EXPENSES CONNECTED WITH A SPECIFIC FUNDRAISING EVENT OR ACTIVITY ASSOCIATED WITH A POLITICAL CAMPAIGN OR THE HOLDING OF PUBLIC OFFICE OR PARTY POSITION THAT TAKES PLACE ON THE ORGANIZATION'S PREMISES; AND (X) TRAVEL EXPENSES INCLUDING AUTOMOBILE PURCHASES OR LEASES, UNLESS USED FOR CAMPAIGN PURPOSES OR IN CONNECTION WITH THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE OR PARTY POSITION AND USAGE OF SUCH VEHICLE WHICH IS INCIDENTAL TO SUCH PURPOSES OR THE EXECUTION OF SUCH DUTIES. 4. NOTHING IN THIS SECTION SHALL PROHIBIT A CANDIDATE FROM PURCHASING EQUIPMENT OR PROPERTY FROM HIS OR HER PERSONAL FUNDS AND LEASING OR RENTING SUCH EQUIPMENT OR PROPERTY TO A COMMITTEE WORKING DIRECTLY OR INDIRECTLY WITH HIM TO AID OR PARTICIPATE IN HIS OR HER NOMINATION OR ELECTION, INCLUDING AN EXPLORATORY COMMITTEE, PROVIDED THAT THE CANDI- DATE AND HIS OR HER CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR RENTAL S. 2006--B 106 A. 3006--B AGREEMENT. SUCH AGREEMENT SHALL INCLUDE THE LEASE OR RENTAL PRICE, WHICH SHALL NOT EXCEED THE FAIR LEASE OR RENTAL VALUE OF THE EQUIPMENT. THE CANDIDATE SHALL NOT RECEIVE LEASE OR RENTAL PAYMENTS WHICH, IN THE AGGREGATE, EXCEED THE COST OF PURCHASING THE EQUIPMENT OR PROPERTY. 5. NOTHING IN THIS SECTION SHALL PROHIBIT AN ELECTED PUBLIC OFFICE- HOLDER FROM USING CAMPAIGN CONTRIBUTIONS TO FACILITATE, SUPPORT, OR OTHERWISE ASSIST IN THE EXECUTION OR PERFORMANCE OF THE DUTIES OF HIS OR HER PUBLIC OFFICE. 6. THE STATE BOARD OF ELECTIONS SHALL ISSUE ADVISORY OPINIONS UPON REQUEST REGARDING EXPENDITURES THAT MAY OR MAY NOT BE CONSIDERED PERSONAL USE OF CONTRIBUTIONS. ANY FORMAL OR INFORMAL ADVISORY OPINIONS ISSUED BY A MAJORITY VOTE OF THE COMMISSIONERS OF THE STATE BOARD OF ELECTIONS SHALL BE BINDING ON THE BOARD, THE CHIEF ENFORCEMENT COUNSEL ESTABLISHED BY SUBDIVISION THREE-A OF SECTION 3-100 OF THIS CHAPTER, AND IN ANY SUBSEQUENT CIVIL OR CRIMINAL ACTION OR PROCEEDING OR ADMINISTRA- TIVE PROCEEDING. S 10. The opening paragraph of paragraph (a) of subdivision 6 of section 156 of the retirement and social security law, as added by section 1 of part C of chapter 399 of the laws of 2011, is amended to read as follows: "Public official" shall mean any of the following individuals [who were not members of any retirement system prior to the effective date of the chapter of the laws of two thousand eleven which added this article but who have become members of a covered retirement system on or after the effective date of the chapter of the laws of two thousand eleven which added this article]: S 11. Subdivisions 1 and 2 of section 157 of the retirement and social security law, as added by section 1 of part C of chapter 399 of the laws of 2011, are amended to read as follows: 1. Notwithstanding any other law to the contrary, it shall be a term and condition of membership for every public official [who becomes a member of any retirement system on or after the effective date of the chapter of the laws of two thousand eleven which added this article,] that such public official's rights to a pension in a retirement system that accrue in such retirement system after his or her date of initial membership in the retirement system shall be subject to the provisions of this article. 2. In the case of a public official who stands convicted, by plea of nolo contendere or plea of guilty to, or by conviction after trial, of any crime related to public office, AND HAS BEEN SENTENCED, an action may be commenced in supreme court of the county in which such public official was convicted of such felony crime, by the district attorney having jurisdiction over such crime, or by the attorney general if the attorney general brought the criminal charge which resulted in such conviction, for an order to reduce or revoke the pension to which such public official is otherwise entitled for service as a public official. Such complaint shall specify with particularity which category of felony pursuant to subdivision one of section one hundred fifty-six of this article the defendant has committed, and all other facts that are alleged to qualify such crime as a felony crime related to public office subject to pension reduction or revocation pursuant to this article, and the amount of pension reduction or revocation requested. Such action shall be commenced within six months after such [conviction] SENTENCING. S 12. Subdivision 10 of section 157 of the retirement and social secu- rity law, as added by section 1 of part C of chapter 399 of the laws of 2011, is amended to read as follows: S. 2006--B 107 A. 3006--B 10. (A) Upon a finding by the court by clear and convincing evidence that the defendant knowingly and intentionally committed a crime related to public office, the court may issue an order to the appropriate retirement system to reduce or revoke the defendant's pension to which he or she is otherwise entitled as such a public official. All orders and findings made by the court pursuant to this section shall be served by the attorney general or the district attorney, as the case may be upon the chief administrator of the defendant's retirement system and the defendant. (B) IF THE COURT ISSUES AN ORDER PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL ORDER PAYMENT OF A PORTION OF SUCH PENSION BENEFIT TO: (1) THE INNOCENT SPOUSE IF SO REQUESTED BY SUCH SPOUSE PAYA- BLE AT THE TIME THE PUBLIC OFFICIAL WOULD HAVE BEEN ELIGIBLE FOR RETIRE- MENT IF SUCH SPOUSE HAS NOT OTHERWISE WAIVED, IN WRITING, HIS OR HER RIGHT TO SUCH BENEFIT; AND (2) INNOCENT MINOR CHILDREN AND OTHER DEPEN- DENTS PURSUANT TO LAW OF THE PUBLIC OFFICIAL IN AN AMOUNT THAT THE COURT FINDS JUST AND PROPER CONSISTENT WITH THE PENSION BENEFITS TO WHICH THE PUBLIC OFFICIAL WOULD BE ENTITLED AND THE PORTION OF THOSE BENEFITS WHICH WOULD BE USED FOR THE SUPPORT OF SUCH MINOR CHILDREN OR DEPENDENTS PURSUANT TO LAW. SUCH PAYMENT TO THE INNOCENT SPOUSE SHALL BE COMPUTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, AND PAYMENTS PURSUANT TO SUBPARAGRAPHS ONE AND TWO OF THIS PARAGRAPH SHALL BE ADJUSTED TO REFLECT INTEREST ACCRUED BETWEEN THE TIME OF SUCH CONVICTION AND THE TIME OF SUCH PAYMENT. (C) WHEN DETERMINING THE AMOUNT OF BENEFITS WHICH THE DEFENDANT'S INNOCENT SPOUSE IS ENTITLED TO RECEIVE, THE FACTORS CONTAINED IN PARA- GRAPH D OF SUBDIVISION FIVE OF PART B OF SECTION TWO HUNDRED THIRTY-SIX OF THE DOMESTIC RELATIONS LAW SHALL BE CONSIDERED BY THE COURT. HOWEVER, WHEN DETERMINING SUCH APPORTIONMENT, THE COURT SHALL NOT ANNUL OR MODIFY ANY PRIOR COURT ORDER REGARDING SUCH BENEFITS. S 13. Subdivision 8 of section 157 of the retirement and social secu- rity law, as added by section 1 of part C of chapter 399 of the laws of 2011, is amended to read as follows: 8. In determining whether the pension shall be reduced or revoked, the supreme court shall consider and make findings of fact and conclusions of law that include, but shall not be limited to, a consideration of the following factors: (a) Whether the defendant stands convicted of such a felony of a crime related to public office, and the specific paragraph or paragraphs of subdivision one of section one hundred fifty-six of this article that have been proven or not proven; (b) The severity of the crime related to public office of which the defendant stands convicted; (c) The amount of monetary loss suffered by such state or municipality as a result of such crime related to public office; (d) The degree of public trust reposed in the public official by virtue of the person's position as a public official; (e) If the crime related to public office was part of a fraudulent scheme against the state or a municipality, the role of the public offi- cial in such fraudulent scheme against such state or a municipality; (f) The defendant's criminal history, if any; (g) The impact of forfeiture, in whole or in part, on defendant's dependents, present or former spouses, or domestic partners; (h) The proportionality of forfeiture of all or part of the pension to the crime committed; S. 2006--B 108 A. 3006--B (I) THE YEARS OF SERVICE IN PUBLIC OFFICE BY THE DEFENDANT WHERE NO CRIMINAL ACTIVITY HAS BEEN FOUND BY A COURT; and [(i)] (J) Any such other factors as, in the judgment of the supreme court, justice may require. S 14. The office of court administration shall promulgate rules to effectuate the amendments to section 73-a of the public officers law made by sections two and three of this act which require it to establish a "locked box" and establish a mechanism to process and consider claims by individuals required to file financial disclosure statements for exempting the disclosure of clients. S 15. Severability clause. If any clause, sentence, paragraph, 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, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 16. This act shall take effect immediately; provided, however, the amendments made to subparagraph (c) of paragraph 8 of subdivision 3 of section 73-a of the public officers law by section one of this act shall take effect December 31, 2015; provided, further, that sections ten, eleven, and twelve of this act shall take effect on the first of January next succeeding the date upon which the people shall approve and ratify amendments to section 7 of article V of the constitution by a majority of the electors voting thereon relating to the reduction of pension benefits for public officials convicted of certain felony offenses related to public office and shall only apply to offenses committed on or after such first of January. PART DD Section 1. Section 21 of part A of chapter 399 of the laws of 2011, relating to establishing the public integrity reform act of 2011, is amended to read as follows: S 21. No later than [June 1, 2014] MAY 1, 2015, the governor [and], the [legislative leaders] TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY shall jointly appoint a review commission to review and evaluate the activities and performance of the joint commis- sion on public ethics and the legislative ethics commission in imple- menting the provisions of this act. On or before [March] NOVEMBER 1, 2015, the review commission shall report to the governor and the legis- lature on its review and evaluation which report shall include any administrative and legislative recommendations on strengthening the administration and enforcement of the ethics law in New York state. The review commission shall be comprised of eight members and the governor [and], the [legislative leaders] TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY shall jointly designate a chair from among the members. S 2. This act shall take effect immediately. PART EE Section 1. This act enacts into law components of legislation which are necessary to implement legislation relating to the state fiscal plan. Each component is wholly contained within a Subpart identified as Subparts A through H. The effective date for each particular provision S. 2006--B 109 A. 3006--B 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 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 four of this act sets forth the general effective date of this act. S 2. This act shall be known as the "education transformation act of 2015". SUBPART A Section 1. The education law is amended by adding a new section 669-f to read as follows: S 669-F. NEW YORK STATE MASTERS-IN-EDUCATION TEACHER INCENTIVE SCHOL- ARSHIP PROGRAM. 1. ELIGIBILITY. STUDENTS WHO ARE MATRICULATED IN AN APPROVED MASTER'S DEGREE IN EDUCATION PROGRAM AT A NEW YORK STATE PUBLIC INSTITUTION OF HIGHER EDUCATION LEADING TO A CAREER AS A TEACHER IN PUBLIC ELEMENTARY OR SECONDARY EDUCATION SHALL BE ELIGIBLE FOR AN AWARD UNDER THIS SECTION, PROVIDED THE APPLICANT: (A) EARNED AN UNDERGRADUATE DEGREE FROM A COLLEGE LOCATED IN NEW YORK STATE; (B) WAS A NEW YORK STATE RESIDENT WHILE EARNING SUCH UNDERGRADUATE DEGREE; (C) ACHIEVED ACADEMIC EXCELLENCE AS AN UNDERGRADUATE STUDENT, AS DEFINED BY THE CORPORATION IN REGULATION; (D) ENROLLS IN FULL-TIME STUDY IN AN APPROVED MASTER'S DEGREE IN EDUCATION PROGRAM AT A NEW YORK STATE PUBLIC INSTITU- TION OF HIGHER EDUCATION LEADING TO A CAREER AS A TEACHER IN PUBLIC ELEMENTARY OR SECONDARY EDUCATION; (E) SIGNS A CONTRACT WITH THE CORPO- RATION AGREEING TO TEACH IN A CLASSROOM SETTING ON A FULL-TIME BASIS FOR FIVE YEARS IN A SCHOOL LOCATED WITHIN NEW YORK STATE PROVIDING PUBLIC ELEMENTARY OR SECONDARY EDUCATION RECOGNIZED BY THE BOARD OF REGENTS OR THE UNIVERSITY OF THE STATE OF NEW YORK, INCLUDING CHARTER SCHOOLS AUTHORIZED PURSUANT TO ARTICLE FIFTY-SIX OF THIS CHAPTER; AND (F) COMPLIES WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE AND ALL REQUIRE- MENTS PROMULGATED BY THE CORPORATION FOR THE ADMINISTRATION OF THE PROGRAM. 2. WITHIN AMOUNTS APPROPRIATED THEREFOR, AWARDS SHALL BE GRANTED TO APPLICANTS THAT THE CORPORATION HAS CERTIFIED ARE ELIGIBLE TO RECEIVE SUCH AWARDS. UP TO FIVE HUNDRED AWARDS MAY BE GRANTED TO NEW RECIPIENTS ANNUALLY. SUCH AWARDS SHALL BE GRANTED UPON SUCCESSFUL COMPLETION OF EACH TERM, AS DEFINED BY THE CORPORATION. 3. AN AWARD SHALL ENTITLE THE RECIPIENT TO ANNUAL PAYMENTS FOR NOT MORE THAN TWO ACADEMIC YEARS OF FULL-TIME GRADUATE STUDY LEADING TO CERTIFICATION AS AN ELEMENTARY OR SECONDARY CLASSROOM TEACHER. 4. THE CORPORATION SHALL GRANT SUCH AWARDS IN AN AMOUNT EQUAL TO THE ANNUAL TUITION CHARGED TO STATE RESIDENT STUDENTS ATTENDING A GRADUATE PROGRAM FULL-TIME AT THE STATE UNIVERSITY OF NEW YORK, OR ACTUAL TUITION CHARGED, WHICHEVER IS LESS; PROVIDED, HOWEVER, (I) A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S FULL COST OF ATTENDANCE SHALL NOT BE ELIGIBLE FOR AN AWARD UNDER THIS PROGRAM; (II) FOR A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR SCHO- LARSHIPS THAT COVER LESS THAN THE STUDENT'S FULL COST OF ATTENDANCE, SUCH GRANTS AND/OR SCHOLARSHIPS SHALL NOT BE DEEMED DUPLICATIVE OF THIS PROGRAM AND MAY BE HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM, PROVIDED THAT THE COMBINED BENEFITS DO NOT EXCEED THE STUDENT'S FULL COST OF ATTENDANCE; AND (III) AN AWARD UNDER THIS PROGRAM SHALL BE APPLIED TO TUITION AFTER THE APPLICATION OF ALL OTHER EDUCATIONAL GRANTS S. 2006--B 110 A. 3006--B AND SCHOLARSHIPS LIMITED TO TUITION AND SHALL BE REDUCED IN AN AMOUNT EQUAL TO SUCH EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS. UPON NOTIFICATION OF AN AWARD UNDER THIS PROGRAM, THE INSTITUTION SHALL DEFER THE AMOUNT OF TUITION EQUAL TO THE AWARD. NO AWARD SHALL BE FINAL UNTIL THE RECIPI- ENT'S SUCCESSFUL COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITU- TION. A RECIPIENT OF AN AWARD UNDER THIS PROGRAM SHALL NOT BE ELIGIBLE FOR AN AWARD UNDER THE NEW YORK STATE MATH AND SCIENCE TEACHING INCEN- TIVE PROGRAM. 5. THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT OF THE AWARD GRANTED PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING TO A SCHEDULE TO BE DETERMINED BY THE CORPORATION IF: (A) TWO YEARS AFTER THE COMPLETION OF THE DEGREE PROGRAM AND RECEIPT OF INITIAL CERTIF- ICATION IT IS FOUND THAT A RECIPIENT IS NOT TEACHING IN A PUBLIC SCHOOL LOCATED WITHIN NEW YORK STATE PROVIDING ELEMENTARY OR SECONDARY EDUCA- TION RECOGNIZED BY THE BOARD OF REGENTS OR THE UNIVERSITY OF THE STATE OF NEW YORK, INCLUDING CHARTER SCHOOLS AUTHORIZED PURSUANT TO ARTICLE FIFTY-SIX OF THIS CHAPTER; (B) A RECIPIENT HAS NOT TAUGHT IN A PUBLIC SCHOOL LOCATED WITHIN NEW YORK STATE PROVIDING ELEMENTARY OR SECONDARY EDUCATION RECOGNIZED BY THE BOARD OF REGENTS OR THE UNIVERSITY OF THE STATE OF NEW YORK, INCLUDING CHARTER SCHOOLS AUTHORIZED PURSUANT TO ARTICLE FIFTY-SIX OF THIS CHAPTER, FOR FIVE OF THE SEVEN YEARS AFTER THE COMPLETION OF THE GRADUATE DEGREE PROGRAM AND RECEIPT OF INITIAL CERTIF- ICATION; (C) A RECIPIENT FAILS TO COMPLETE HIS OR HER GRADUATE DEGREE PROGRAM IN EDUCATION; (D) A RECIPIENT FAILS TO RECEIVE OR MAINTAIN HIS OR HER TEACHING CERTIFICATE OR LICENSE IN NEW YORK STATE FOR THE REQUIRED PERIOD; OR (E) A RECIPIENT FAILS TO RESPOND TO REQUESTS BY THE CORPORATION FOR THE STATUS OF HIS OR HER ACADEMIC OR PROFESSIONAL PROGRESS. THE TERMS AND CONDITIONS OF THIS SUBDIVISION SHALL BE DEFERRED FOR ANY INTERRUPTION IN GRADUATE STUDY OR EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGULATIONS OF THE CORPORATION. ANY OBLIGATION TO COMPLY WITH SUCH PROVISIONS AS OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH OF THE RECIPIENT. NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY, THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP. 6. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA- TION OF THE PROVISIONS OF THIS SECTION INCLUDING, BUT NOT LIMITED TO, THE CRITERIA FOR THE PROVISION OF AWARDS ON A COMPETITIVE BASIS, AND THE RATE OF INTEREST CHARGED FOR REPAYMENT OF THE STUDENT LOAN. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2015. SUBPART B Section 1. The education law is amended by adding a new section 210-a to read as follows: S 210-A. ADMISSION REQUIREMENTS FOR GRADUATE-LEVEL TEACHER AND EDUCA- TIONAL LEADER PROGRAMS. EACH INSTITUTION REGISTERED BY THE DEPARTMENT WITH GRADUATE-LEVEL TEACHER AND LEADER EDUCATION PROGRAMS SHALL ADOPT RIGOROUS SELECTION CRITERIA GEARED TO PREDICTING A CANDIDATE'S ACADEMIC SUCCESS IN ITS PROGRAM, INCLUDING BUT NOT LIMITED TO, A MINIMUM SCORE ON THE GRADUATE RECORD EXAMINATION OR A SUBSTANTIALLY EQUIVALENT ADMISSION EXAMINATION, AS DETERMINED BY THE INSTITUTION, AND ACHIEVEMENT OF A CUMULATIVE GRADE POINT AVERAGE OF 3.0 OR HIGHER IN THE CANDIDATE'S UNDERGRADUATE PROGRAM. EACH PROGRAM MAY EXEMPT NO MORE THAN FIFTEEN S. 2006--B 111 A. 3006--B PERCENT OF ANY INCOMING CLASS OF STUDENTS FROM SUCH SELECTION CRITERIA SET FORTH IN THIS SECTION BASED ON A STUDENT'S DEMONSTRATION OF POTEN- TIAL TO POSITIVELY CONTRIBUTE TO THE TEACHING PROFESSION OR OTHER EXTEN- UATING CIRCUMSTANCES PURSUANT TO THE REGULATIONS OF THE COMMISSIONER. A PROGRAM SHALL REPORT TO THE DEPARTMENT THE NUMBER OF STUDENTS ADMITTED PURSUANT TO SUCH EXEMPTION AND THE SELECTION CRITERIA USED FOR SUCH EXEMPTIONS. S 2. The education law is amended by adding a new section 210-b to read as follows: S 210-B. GRADUATE-LEVEL TEACHER AND EDUCATIONAL LEADERSHIP PROGRAM DEREGISTRATION AND SUSPENSION. 1. THE DEPARTMENT SHALL SUSPEND A GRADU- ATE PROGRAM'S AUTHORITY TO ADMIT NEW STUDENTS IF FOR THREE CONSECUTIVE ACADEMIC YEARS, FEWER THAN FIFTY PERCENT OF ITS STUDENTS WHO HAVE SATIS- FACTORILY COMPLETED THE PROGRAM PASS EACH EXAMINATION THAT THEY HAVE TAKEN THAT IS REQUIRED FOR CERTIFICATION AND SHALL NOTIFY CURRENTLY ADMITTED AND ENROLLED STUDENTS OF SUCH SUSPENSION. THE GRADUATE PROGRAM SHALL BE PERMITTED TO CONTINUE OPERATIONS FOR THE LENGTH OF TIME IT WOULD TAKE ALL CURRENTLY ADMITTED AND/OR ENROLLED STUDENTS, IF THEY WERE TO ATTEND CLASSES ON A FULL-TIME BASIS, TO COMPLETE THE REQUIREMENTS FOR THEIR DEGREES. IF, AT ANY TIME DURING SUCH PERIOD, THE COMMISSIONER DETERMINES THAT STUDENT AND/OR PROGRAM PERFORMANCE HAS SIGNIFICANTLY IMPROVED, THE COMMISSIONER MAY REINSTATE THE PROGRAM'S ABILITY TO ADMIT NEW STUDENTS. IF THE COMMISSIONER DOES NOT AFFIRMATIVELY REINSTATE THE PROGRAM'S AUTHORITY TO ADMIT NEW STUDENTS DURING SUCH TIME PERIOD, THE PROGRAM SHALL BE DEREGISTERED. FOR PURPOSES OF THIS SUBDIVISION, STUDENTS WHO HAVE SATISFACTORILY COMPLETED THE GRADUATE PROGRAM SHALL MEAN STUDENTS WHO HAVE MET EACH EDUCATIONAL REQUIREMENT OF THE PROGRAM, EXCLUDING ANY REQUIREMENT THAT THE STUDENT PASS EACH REQUIRED NEW YORK STATE TEACHER CERTIFICATION EXAMINATION FOR A TEACHING CERTIFICATE AND/OR SCHOOL BUILDING LEADER EXAMINATION FOR A SCHOOL BUILDING LEADER CERTIFICATE IN ORDER TO COMPLETE THE PROGRAM. STUDENTS SATISFACTORILY MEETING EACH EDUCATIONAL REQUIREMENT MAY INCLUDE STUDENTS WHO EARN A DEGREE OR STUDENTS WHO COMPLETE EACH EDUCATIONAL REQUIREMENT WITHOUT EARNING A DEGREE. WHEN MAKING SUCH A DETERMINATION, THE DEPARTMENT SHALL CONSIDER THE PERFORMANCE ON EACH CERTIFICATION EXAMINATION OF THE COHORT OF STUDENTS COMPLETING AN EXAMINATION NOT MORE THAN FIVE YEARS BEFORE THE END OF THE ACADEMIC YEAR IN WHICH THE PROGRAM IS COMPLETED OR NOT LATER THAN THE SEPTEMBER THIRTIETH FOLLOWING THE END OF SUCH ACADEM- IC YEAR, WHERE ACADEMIC YEAR IS DEFINED AS JULY FIRST THROUGH JUNE THIR- TIETH, AND SHALL CONSIDER ONLY THE HIGHEST SCORE OF INDIVIDUALS TAKING A TEST MORE THAN ONCE. WHEN MAKING SUCH A DETERMINATION THE DEPARTMENT MAY ADJUST ITS METHODOLOGY FOR DETERMINING EXAMINATION PASSAGE RATES FOR ONE OR MORE CERTIFICATION EXAMINATIONS TO ACCOUNT FOR SAMPLE SIZE AND ACCURACY. 2. THE INSTITUTION MAY SUBMIT AN APPEAL OF A SUSPENSION OF A GRADUATE PROGRAM'S ABILITY TO ADMIT STUDENTS OR DEREGISTRATION PURSUANT TO THIS SECTION IN A MANNER AND TIMEFRAME AS PRESCRIBED BY THE COMMISSIONER IN REGULATIONS. HOWEVER, A PROGRAM THAT HAS HAD ITS ABILITY TO ADMIT STUDENTS SUSPENDED SHALL NOT ADMIT NEW STUDENTS WHILE AWAITING THE COMMISSIONER'S DECISION ON ANY APPEAL. AN INSTITUTION WITH A DEREGIS- TERED PROGRAM SHALL NOT ADMIT ANY NEW STUDENTS IN SUCH PROGRAM WHILE AWAITING THE COMMISSIONER'S DECISION ON ITS APPLICATION FOR REGISTRA- TION. 3. THE DEPARTMENT MAY ALSO, AS PRESCRIBED BY THE COMMISSIONER IN REGU- LATIONS, CONDUCT EXPEDITED SUSPENSION AND REGISTRATION REVIEWS FOR GRAD- UATE PROGRAMS, PURSUANT TO REGULATIONS OF THE COMMISSIONER. S. 2006--B 112 A. 3006--B S 3. This act shall take effect July 1, 2015, provided that the provisions of section one of this act shall first apply to admissions requirements for programs commencing instruction on or after July 1, 2016, and provided further that the authority of the board of regents to adopt regulations necessary to implement the provisions of this act on such effective date shall take effect immediately. SUBPART C Section 1. Section 3006 of the education law is amended by adding a new subdivision 3 to read as follows: 3. REGISTRATION. A. COMMENCING WITH THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, ANY HOLDER OF A TEACHING CERTIFICATE IN THE CLASSROOM TEACHING SERVICE, TEACHING ASSISTANT CERTIFICATE, OR EDUCATIONAL LEADERSHIP CERTIFICATE THAT IS VALID FOR LIFE AS PRESCRIBED BY THE COMMISSIONER IN REGULATIONS SHALL BE REQUIRED TO REGISTER WITH THE DEPARTMENT EVERY FIVE YEARS IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER. SUCH REGULATIONS SHALL PRESCRIBE THE DATE OR DATES BY WHICH APPLICATIONS FOR INITIAL REGISTRATION MUST BE SUBMITTED AND MAY PROVIDE FOR STAGGERED INITIAL REGISTRATION AND/OR ROLLING RE-REGISTRA- TION SO THAT RE-REGISTRATIONS ARE DISTRIBUTED AS EQUALLY AS POSSIBLE THROUGHOUT THE YEAR AND ACROSS MULTIPLE YEARS. B. THE DEPARTMENT SHALL POST AN APPLICATION FOR REGISTRATION ON ITS WEBSITE. AN APPLICATION SHALL BE SUBMITTED FOR A REGISTRATION CERTIF- ICATE. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE DEPARTMENT SHALL RENEW THE REGISTRATION OF EACH CERTIFICATE HOLDER UPON RECEIPT OF A PROPER APPLICATION ON A FORM PRESCRIBED BY THE DEPARTMENT. ANY CERTIF- ICATE HOLDER WHO FAILS TO REGISTER BY THE BEGINNING OF THE APPROPRIATE REGISTRATION PERIOD MAY BE SUBJECT TO LATE FILING PENALTIES AS PRESCRIBED BY THE COMMISSIONER. NO CERTIFICATE HOLDER RESUMING PRACTICE AFTER A LAPSE OF REGISTRATION SHALL BE PERMITTED TO PRACTICE WITHOUT VERIFICATION OF RE-REGISTRATION. C. ANY CERTIFICATE HOLDER WHO IS NOT ENGAGING IN THE PRACTICE OF HIS OR HER PROFESSION IN THIS STATE AND DOES NOT DESIRE TO REGISTER SHALL SO ADVISE THE DEPARTMENT. SUCH CERTIFICATE HOLDER SHALL NOT BE SUBJECT TO PENALTIES AS PRESCRIBED BY THE COMMISSIONER FOR FAILURE TO REGISTER AT THE BEGINNING OF THE REGISTRATION PERIOD. D. CERTIFICATE HOLDERS SHALL NOTIFY THE DEPARTMENT OF ANY CHANGE OF NAME OR MAILING ADDRESS WITHIN THIRTY DAYS OF SUCH CHANGE. WILLFUL FAIL- URE TO REGISTER OR PROVIDE SUCH NOTICE WITHIN ONE HUNDRED EIGHTY DAYS OF SUCH CHANGE MAY CONSTITUTE GROUNDS FOR MORAL CHARACTER REVIEW UNDER SUBDIVISION SEVEN OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER. S 2. The education law is amended by adding a new section 3006-a to read as follows: S 3006-A. REGISTRATION AND CONTINUING TEACHER AND LEADER EDUCATION REQUIREMENTS FOR HOLDERS OF PROFESSIONAL CERTIFICATES IN THE CLASSROOM TEACHING SERVICE, HOLDERS OF LEVEL III TEACHING ASSISTANT CERTIFICATES, HOLDERS OF PROFESSIONAL CERTIFICATES IN THE EDUCATIONAL LEADERSHIP SERVICE. 1. A. COMMENCING WITH THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, EACH HOLDER OF A PROFESSIONAL CERTIFICATE IN THE CLASSROOM TEACHING SERVICE, HOLDER OF A LEVEL III TEACHING ASSISTANT CERTIFICATE AND HOLDER OF A PROFESSIONAL CERTIFICATE IN THE EDUCATIONAL LEADERSHIP SERVICE SHALL BE REQUIRED TO REGISTER EVERY FIVE YEARS WITH THE DEPARTMENT TO PRACTICE IN THE STATE AND SHALL COMPLY WITH THE PROVISIONS OF THE CONTINUING TEACHER AND LEADER EDUCATION REQUIREMENTS SET FORTH IN THIS SECTION. S. 2006--B 113 A. 3006--B B. ANY OF THE CERTIFIED INDIVIDUALS DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION WHO DO NOT SATISFY THE CONTINUING TEACHER AND LEADER EDUCA- TION REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIRE- MENTS AND HAVE BEEN ISSUED A REGISTRATION OR CONDITIONAL REGISTRATION CERTIFICATE. C. IN ACCORDANCE WITH THE INTENT OF THIS SECTION, ADJUSTMENTS TO THE CONTINUING TEACHER AND LEADER EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY A HEALTH CARE PROVID- ER, FOR EXTENDED ACTIVE DUTY WITH ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE. D. ANY CERTIFICATE HOLDER WHO IS NOT PRACTICING AS A TEACHER, TEACHING ASSISTANT OR EDUCATIONAL LEADER IN A SCHOOL DISTRICT OR BOARD OF COOPER- ATIVE EDUCATIONAL SERVICES IN THIS STATE SHALL BE EXEMPT FROM THE CONTINUING TEACHER AND LEADER EDUCATION REQUIREMENT UPON THE FILING OF A WRITTEN STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY HOLDER OF A PROFESSIONAL CERTIFICATE IN THE CLASSROOM TEACHING SERVICE, HOLDER OF A LEVEL III TEACHING ASSISTANT CERTIFICATE AND HOLDER OF A PROFES- SIONAL CERTIFICATE IN THE EDUCATIONAL LEADERSHIP SERVICE WHO RESUMES PRACTICE DURING THE FIVE-YEAR REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO RESUMING PRACTICE AND SHALL MEET SUCH CONTINUING TEACHER AND LEADER EDUCATION REQUIREMENTS AS PRESCRIBED IN REGULATIONS OF THE COMMISSIONER. 2. A. DURING EACH FIVE-YEAR REGISTRATION PERIOD BEGINNING ON OR AFTER JULY FIRST, TWO THOUSAND SIXTEEN, AN APPLICANT FOR REGISTRATION SHALL SUCCESSFULLY COMPLETE A MINIMUM OF ONE HUNDRED HOURS OF CONTINUING TEACHER AND LEADER EDUCATION, AS DEFINED BY THE COMMISSIONER. THE DEPARTMENT SHALL ISSUE RIGOROUS STANDARDS FOR COURSES, PROGRAMS, AND ACTIVITIES, THAT SHALL QUALIFY AS CONTINUING TEACHER AND LEADER EDUCA- TION PURSUANT TO THIS SECTION. FOR PURPOSES OF THIS SECTION, A PEER REVIEW TEACHER, OR A PRINCIPAL ACTING AS AN INDEPENDENT TRAINED EVALU- ATOR, CONDUCTING A CLASSROOM OBSERVATION AS PART OF THE TEACHER EVALU- ATION SYSTEM PURSUANT TO SECTION THREE THOUSAND TWELVE-D OF THIS ARTICLE MAY CREDIT SUCH TIME TOWARDS HIS OR HER CONTINUING TEACHER AND LEADER EFFECTIVENESS REQUIREMENTS. B. NOTHING IN THIS SECTION SHALL LIMIT THE ABILITY OF LOCAL SCHOOL DISTRICTS TO AGREE PURSUANT TO COLLECTIVE BARGAINING TO ADDITIONAL HOURS OF PROFESSIONAL DEVELOPMENT OR CONTINUING TEACHER OR LEADER EDUCATION ABOVE THE MINIMUM REQUIREMENTS SET FORTH IN THIS SECTION. C. A CERTIFIED INDIVIDUAL WHO HAS NOT SATISFIED THE CONTINUING TEACHER AND LEADER EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A FIVE-YEAR REGIS- TRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A REGISTRATION OR CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION. FOR PURPOSES OF THIS SUBDIVISION, "CONTINUING TEACHER AND LEADER EDUCATION REQUIREMENTS" SHALL MEAN ACTIVITIES DESIGNED TO IMPROVE THE TEACHER OR LEADER'S PEDA- GOGICAL AND/OR LEADERSHIP SKILLS, TARGETED AT IMPROVING STUDENT PERFORM- ANCE, INCLUDING BUT NOT LIMITED TO FORMAL CONTINUING TEACHER AND LEADER EDUCATION ACTIVITIES. SUCH ACTIVITIES SHALL PROMOTE THE PROFESSIONALIZA- TION OF TEACHING AND BE CLOSELY ALIGNED TO DISTRICT GOALS FOR STUDENT PERFORMANCE WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. TO FULFILL THE CONTINUING TEACHER AND LEADER EDUCATION REQUIREMENT, PROGRAMS MUST BE TAKEN FROM SPONSORS APPROVED BY THE DEPARTMENT, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO SCHOOL DISTRICTS, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER. S. 2006--B 114 A. 3006--B 3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS- TRATION TO A TEACHER, TEACHING ASSISTANT OR EDUCATIONAL LEADER IN A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES IN THIS STATE WHO FAILS TO MEET THE CONTINUING TEACHER AND LEADER EDUCATION REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION BUT WHO AGREES TO MAKE UP ANY DEFICIENCIES AND TAKE ANY ADDITIONAL CONTINUING TEACHER AND LEADER EDUCATION WHICH THE DEPARTMENT MAY REQUIRE. THE DURA- TION OF SUCH CONDITIONAL REGISTRATION SHALL BE DETERMINED BY THE DEPART- MENT. ANY HOLDER OF A PROFESSIONAL CERTIFICATE IN THE CLASSROOM TEACHING SERVICE, HOLDER OF A LEVEL III TEACHING ASSISTANT CERTIFICATE OR HOLDER OF A PROFESSIONAL CERTIFICATE IN THE EDUCATIONAL LEADERSHIP SERVICE AND ANY OTHER CERTIFIED INDIVIDUAL REQUIRED BY THE COMMISSIONER TO REGISTER EVERY FIVE YEARS WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAIL- URE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING TEACHER AND LEADER EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION, SHALL BE SUBJECT TO MORAL CHARACTER REVIEW UNDER SUBDIVI- SION SEVEN OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER. S 3. This act shall take effect July 1, 2015, provided that the provisions of section one of this act shall first apply to admissions requirements for programs commencing instruction on or after July 1, 2016, and provided further that the authority of the board of regents to adopt regulations necessary to implement the provisions of this act on such effective date shall take effect immediately. SUBPART D Section 1. Paragraphs (a) and (b) of subdivision 1 of section 2509 of the education law, paragraph (a) as amended by chapter 551 of the laws of 1976, and paragraph (b) as amended by chapter 468 of the laws of 1975, are amended to read as follows: (a) I. Teachers and all other members of the teaching staff[,] APPOINTED PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN AND authorized by section twenty-five hundred three of this article, shall be appointed by the board of education, upon the recommendation of the superintendent of schools, for a probationary period of three years, except that in the case of a teacher who has rendered satisfactory service as a regular substitute for a period of two years or as a seasonally licensed per session teacher of swimming in day schools who has served in that capac- ity for a period of two years and has been appointed to teach the same subject in day schools on an annual salary, the probationary period shall be limited to one year; provided, however, that in the case of a teacher who has been appointed on tenure in another school district within the state, the school district where currently employed, or a board of cooperative educational services, and who was not dismissed from such district or board as a result of charges brought pursuant to subdivision one of section three thousand twenty-a of this chapter, the probationary period shall not exceed two years. The service of a person appointed to any of such positions may be discontinued at any time during such probationary period, on the recommendation of the super- intendent of schools, by a majority vote of the board of education. Each person who is not to be recommended for appointment on tenure shall be so notified by the superintendent of schools in writing not later than sixty days immediately preceding the expiration of his probationary period. II. NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR REGULATION TO THE CONTRARY, TEACHERS AND ALL OTHER MEMBERS OF THE TEACHING STAFF APPOINTED S. 2006--B 115 A. 3006--B ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN AND AUTHORIZED BY SECTION TWENTY-FIVE HUNDRED THREE OF THIS ARTICLE, SHALL BE APPOINTED BY THE BOARD OF EDUCATION, UPON THE RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS, FOR A PROBATIONARY PERIOD OF FOUR YEARS, EXCEPT THAT IN THE CASE OF A TEACHER WHO HAS RENDERED SATISFACTORY SERVICE AS A REGULAR SUBSTITUTE FOR A PERIOD OF TWO YEARS AND, IF A CLASSROOM TEACHER, HAS RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS IN EACH OF THOSE YEARS, OR HAS RENDERED SATISFACTORY SERVICE AS A SEASONALLY LICENSED PER SESSION TEACHER OF SWIMMING IN DAY SCHOOLS WHO HAS SERVED IN THAT CAPACITY FOR A PERIOD OF TWO YEARS AND HAS BEEN APPOINTED TO TEACH THE SAME SUBJECT IN DAY SCHOOLS ON AN ANNUAL SALARY, THE TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD OF TWO YEARS; PROVIDED, HOWEVER, THAT IN THE CASE OF A TEACHER WHO HAS BEEN APPOINTED ON TENURE IN ANOTHER SCHOOL DISTRICT WITHIN THE STATE, THE SCHOOL DISTRICT WHERE CURRENTLY EMPLOYED, OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND WHO WAS NOT DISMISSED FROM SUCH DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT PURSUANT TO SUBDIVISION ONE OF SECTION THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF THIS CHAPTER, THE TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD OF THREE YEARS; PROVIDED THAT THE TEACHER DEMONSTRATES THAT HE OR SHE RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATING PURSUANT TO SECTION THREE THOU- SAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS CHAPTER IN HIS OR HER FINAL YEAR OF SERVICE IN SUCH OTHER SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES. THE SERVICE OF A PERSON APPOINTED TO ANY OF SUCH POSITIONS MAY BE DISCONTINUED AT ANY TIME DURING SUCH PROBA- TIONARY PERIOD, ON THE RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS, BY A MAJORITY VOTE OF THE BOARD OF EDUCATION. EACH PERSON WHO IS NOT TO BE RECOMMENDED FOR APPOINTMENT ON TENURE SHALL BE SO NOTIFIED BY THE SUPERINTENDENT OF SCHOOLS IN WRITING NOT LATER THAN SIXTY DAYS IMME- DIATELY PRECEDING THE EXPIRATION OF HIS/HER PROBATIONARY PERIOD. (b) I. Administrators, directors, supervisors, principals and all other members of the supervising staff, except associate, assistant and other superintendents[,] APPOINTED PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN AND authorized by section twenty-five hundred three of this article, shall be appointed by the board of education, upon the recom- mendation of the superintendent of schools for a probationary period of three years. The service of a person appointed to any of such positions may be discontinued at any time during the probationary period on the recommendation of the superintendent of schools, by a majority vote of the board of education. II. NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR REGULATION TO THE CONTRARY, ADMINISTRATORS, DIRECTORS, SUPERVISORS, PRINCIPALS AND ALL OTHER MEMBERS OF THE SUPERVISING STAFF, EXCEPT ASSOCIATE, ASSISTANT AND OTHER SUPERINTENDENTS, APPOINTED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN AND AUTHORIZED BY SECTION TWENTY-FIVE HUNDRED THREE OF THIS ARTICLE, SHALL BE APPOINTED BY THE BOARD OF EDUCATION, UPON THE RECOM- MENDATION OF THE SUPERINTENDENT OF SCHOOLS FOR A PROBATIONARY PERIOD OF FOUR YEARS. THE SERVICE OF A PERSON APPOINTED TO ANY OF SUCH POSITIONS MAY BE DISCONTINUED AT ANY TIME DURING THE PROBATIONARY PERIOD ON THE RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS, BY A MAJORITY VOTE OF THE BOARD OF EDUCATION. S 2. Subdivision 2 of section 2509 of the education law, as amended by section 6 of part A of chapter 57 of the laws of 2007, is amended to read as follows: 2. A. At the expiration of the probationary term of any persons appointed for such term PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN, or S. 2006--B 116 A. 3006--B within six months prior thereto, the superintendent of schools shall make a written report to the board of education recommending for appointment on tenure those persons who have been found competent, effi- cient and satisfactory[, consistent with any applicable rules of the board of regents adopted pursuant to section three thousand twelve-b of this chapter]. By a majority vote the board of education may then appoint on tenure any or all of the persons recommended by the super- intendent of schools. Such persons and all others employed in the teach- ing service of the schools of such school district who have served the full probationary period shall hold their respective positions during good behavior and efficient and competent service, and shall not be removable except for cause after a hearing as provided by section three thousand twenty-a OR SECTION THREE THOUSAND TWENTY-B of [such law] THIS CHAPTER. Failure to maintain certification as required by this chapter and the regulations of the commissioner [of education] shall constitute cause for removal. B. FOR PERSONS APPOINTED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN, AT THE EXPIRATION OF THE PROBATIONARY TERM OF ANY PERSONS APPOINTED FOR SUCH TERM, OR WITHIN SIX MONTHS PRIOR THERETO, THE SUPERINTENDENT OF SCHOOLS SHALL MAKE A WRITTEN REPORT TO THE BOARD OF EDUCATION RECOMMEND- ING FOR APPOINTMENT ON TENURE THOSE PERSONS WHO HAVE BEEN FOUND COMPE- TENT, EFFICIENT AND SATISFACTORY AND IN THE CASE OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL, WHO HAVE RECEIVED ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS CHAPTER, OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST THREE OF THE FOUR PRECEDING YEARS, EXCLUSIVE OF ANY BREAKS IN SERVICE; PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRARY, WHEN A TEACHER OR PRINCIPAL RECEIVES AN EFFECTIVE OR HIGHLY EFFECTIVE RATING IN EACH YEAR OF HIS OR HER PROBATIONARY SERVICE EXCEPT HE OR SHE RECEIVES AN INEFFECTIVE RATING IN THE FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD, SUCH TEACHER OR PRINCIPAL SHALL NOT BE ELIGIBLE FOR TENURE BUT THE BOARD OF EDUCATION IN ITS DISCRETION, MAY EXTEND THE TEACHER'S PROBATIONARY PERIOD FOR AN ADDITIONAL YEAR; PROVIDED, HOWEVER, THAT IF SUCH TEACHER OR PRINCIPAL SUCCESSFULLY APPEALED SUCH INEFFECTIVE RATING, SUCH TEACHER OR PRINCIPAL SHALL IMMEDIATELY BE ELIGIBLE FOR TENURE IF THE RATING RESULTING FROM THE APPEAL ESTABLISHED THAT SUCH INDIVIDUAL HAS BEEN EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST THREE OF THE PRECEDING FOUR YEARS AND WAS NOT INEFFECTIVE IN THE FINAL YEAR. BY A MAJORITY VOTE, THE BOARD OF EDUCA- TION MAY THEN APPOINT ON TENURE ANY OR ALL OF THE PERSONS RECOMMENDED BY THE SUPERINTENDENT OF SCHOOLS. AT THE EXPIRATION OF THE PROBATIONARY PERIOD, THE CLASSROOM TEACHER OR BUILDING PRINCIPAL SHALL REMAIN IN PROBATIONARY STATUS UNTIL THE END OF THE SCHOOL YEAR IN WHICH SUCH TEACHER OR PRINCIPAL HAS RECEIVED SUCH RATINGS OF EFFECTIVE OR HIGHLY EFFECTIVE FOR AT LEAST THREE OF THE FOUR PRECEDING SCHOOL YEARS EXCLU- SIVE OF ANY BREAKS IN SERVICE AND SUBJECT TO THE TERMS HEREOF, DURING WHICH TIME A BOARD OF EDUCATION SHALL CONSIDER WHETHER TO GRANT TENURE FOR THOSE CLASSROOM TEACHERS OR BUILDING PRINCIPALS WHO OTHERWISE HAVE BEEN FOUND COMPETENT, EFFICIENT AND SATISFACTORY. PROVIDED, HOWEVER, THAT THE BOARD OF EDUCATION MAY GRANT TENURE CONTINGENT UPON A CLASSROOM TEACHER'S OR BUILDING PRINCIPAL'S RECEIPT OF A MINIMUM RATING IN THE FINAL YEAR OF THE PROBATIONARY PERIOD, PURSUANT TO THE REQUIREMENTS OF THIS SECTION, AND IF SUCH CONTINGENCY IS NOT MET AFTER ALL APPEALS HAVE BEEN EXHAUSTED, THE GRANT OF TENURE SHALL BE VOID AND UNENFORCEABLE AND THE TEACHER'S OR PRINCIPAL'S PROBATIONARY PERIOD MAY BE EXTENDED IN ACCORDANCE WITH THIS SUBDIVISION. SUCH PERSONS WHO HAVE BEEN RECOMMENDED S. 2006--B 117 A. 3006--B FOR TENURE AND ALL OTHERS EMPLOYED IN THE TEACHING SERVICE OF THE SCHOOLS OF SUCH SCHOOL DISTRICT WHO HAVE SERVED THE FULL PROBATIONARY PERIOD AS EXTENDED PURSUANT TO THIS SUBDIVISION SHALL HOLD THEIR RESPEC- TIVE POSITIONS DURING GOOD BEHAVIOR AND EFFICIENT AND COMPETENT SERVICE, AND SHALL NOT BE REMOVABLE EXCEPT FOR CAUSE AFTER A HEARING AS PROVIDED BY SECTION THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF THIS CHAPTER. FAILURE TO MAINTAIN CERTIFICATION AS REQUIRED BY THIS CHAPTER AND THE REGULATIONS OF THE COMMISSIONER SHALL CONSTITUTE CAUSE FOR REMOVAL. S 3. Subdivisions 1, 5 and 6 of section 2573 of the education law, subdivision 1 as amended by chapter 732 of the laws of 1971, paragraph (a) of subdivision 1 as amended by chapter 640 of the laws of 1983, paragraph (b) of subdivision 1 as amended by chapter 468 of the laws of 1975, subdivisions 5 and 6 as amended by section 7 of part A of chapter 57 of the laws of 2007, are amended to read as follows: 1. (a) I. Teachers and all other members of the teaching staff, APPOINTED PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN AND authorized by section twenty-five hundred fifty-four of this article, shall be appointed by the board of education, upon the recommendation of the superintendent of schools, for a probationary period of three years, except that in the case of a teacher who has rendered satisfactory service as a regular substitute for a period of two years or as a seasonally licensed per session teacher of swimming in day schools who has served in that capacity for a period of two years and has been appointed to teach the same subject in day schools on an annual salary, the probationary period shall be limited to one year; provided, however, that in the case of a teacher who has been appointed on tenure in anoth- er school district within the state, the school district where currently employed, or a board of cooperative educational services, and who was not dismissed from such district or board as a result of charges brought pursuant to subdivision one of section three thousand twenty-a OR SECTION THREE THOUSAND TWENTY-B of this chapter, the probationary period shall not exceed two years; provided, however, that in cities with a population of one million or more, a teacher appointed under a newly created license, for teachers of reading and of the emotionally hand- icapped, to a position which the teacher has held for at least two years prior to such appointment while serving on tenure in another license area who was not dismissed as a result of charges brought pursuant to subdivision one of section three thousand twenty-a OR SECTION THREE THOUSAND TWENTY-B of this chapter, the probationary period shall be one year. The service of a person appointed to any of such positions may be discontinued at any time during such probationary period, on the recom- mendation of the superintendent of schools, by a majority vote of the board of education. Each person who is not to be recommended for appointment on tenure shall be so notified by the superintendent of schools in writing not later than sixty days immediately preceding the expiration of his OR HER probationary period. In city school districts having a population of four hundred thousand or more, persons with licenses obtained as a result of examinations announced subsequent to the twenty-second day of May, nineteen hundred sixty-nine appointed upon conditions that all announced requirements for the position be fulfilled within a specified period of time, shall not acquire tenure unless and until such requirements have been completed within the time specified for the fulfillment of such requirements, notwithstanding the expiration of any probationary period. In all other city school districts subject to the provisions of this article, failure to maintain certification as S. 2006--B 118 A. 3006--B required by this article and by the regulations of the commissioner [of education] shall be cause for removal within the meaning of subdivision five of this section. II. TEACHERS AND ALL OTHER MEMBERS OF THE TEACHING STAFF APPOINTED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN AND AUTHORIZED BY SECTION TWENTY-FIVE HUNDRED FIFTY-FOUR OF THIS ARTICLE, SHALL BE APPOINTED BY THE BOARD OF EDUCATION, UPON THE RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS, FOR A PROBATIONARY PERIOD OF FOUR YEARS, EXCEPT THAT IN THE CASE OF A TEACHER WHO HAS RENDERED SATISFACTORY SERVICE AS A REGULAR SUBSTITUTE FOR A PERIOD OF TWO YEARS AND, IF A CLASSROOM TEACHER, HAS RECEIVED ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS IN EACH OF THOSE YEARS, OR HAS RENDERED SATISFACTORY SERVICE AS A SEASONALLY LICENSED PER SESSION TEACHER OF SWIMMING IN DAY SCHOOLS WHO HAS SERVED IN THAT CAPAC- ITY FOR A PERIOD OF TWO YEARS AND HAS BEEN APPOINTED TO TEACH THE SAME SUBJECT IN DAY SCHOOLS ON AN ANNUAL SALARY, THE TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD OF TWO YEARS; PROVIDED, HOWEVER, THAT IN THE CASE OF A TEACHER WHO HAS BEEN APPOINTED ON TENURE IN ANOTH- ER SCHOOL DISTRICT WITHIN THE STATE, THE SCHOOL DISTRICT WHERE CURRENTLY EMPLOYED, OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND WHO WAS NOT DISMISSED FROM SUCH DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT PURSUANT TO SUBDIVISION ONE OF SECTION THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF THIS CHAPTER, THE TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD OF THREE YEARS; PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER, THE TEACHER DEMONSTRATES THAT HE OR SHE RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATING PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS CHAPTER IN HIS OR HER FINAL YEAR OF SERVICE IN SUCH OTHER SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES; PROVIDED, HOWEV- ER, THAT IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, A TEACHER APPOINTED UNDER A NEWLY CREATED LICENSE, FOR TEACHERS OF READING AND OF THE EMOTIONALLY HANDICAPPED, TO A POSITION WHICH THE TEACHER HAS HELD FOR AT LEAST TWO YEARS PRIOR TO SUCH APPOINTMENT WHILE SERVING ON TENURE IN ANOTHER LICENSE AREA WHO WAS NOT DISMISSED AS A RESULT OF CHARGES BROUGHT PURSUANT TO SUBDIVISION ONE OF SECTION THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF THIS CHAPTER, THE TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD OF TWO YEARS. THE SERVICE OF A PERSON APPOINTED TO ANY OF SUCH POSITIONS MAY BE DISCONTINUED AT ANY TIME DURING SUCH PROBATIONARY PERIOD, ON THE RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS, BY A MAJORITY VOTE OF THE BOARD OF EDUCATION. EACH PERSON WHO IS NOT TO BE RECOMMENDED FOR APPOINTMENT ON TENURE SHALL BE SO NOTIFIED BY THE SUPERINTENDENT OF SCHOOLS IN WRITING NOT LATER THAN SIXTY DAYS IMMEDIATELY PRECEDING THE EXPIRATION OF HIS OR HER PROBATIONARY PERIOD. IN ALL CITY SCHOOL DISTRICTS SUBJECT TO THE PROVISIONS OF THIS ARTICLE, FAILURE TO MAINTAIN CERTIFICATION AS REQUIRED BY THIS ARTICLE AND BY THE REGULATIONS OF THE COMMISSIONER SHALL BE CAUSE FOR REMOVAL WITHIN THE MEANING OF SUBDIVISION FIVE OF THIS SECTION. (b) I. Administrators, directors, supervisors, principals and all other members of the supervising staff, except executive directors, associate, assistant, district and community superintendents and examin- ers, APPOINTED PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN AND authorized by section twenty-five hundred fifty-four of this article, shall be appointed by the board of education, upon the recommendation of the superintendent or chancellor of schools, for a probationary period of three years. The service of a person appointed to any of such positions may be discontinued at any time during the probationary period on the S. 2006--B 119 A. 3006--B recommendation of the superintendent of schools, by a majority vote of the board of education. II. ADMINISTRATORS, DIRECTORS, SUPERVISORS, PRINCIPALS AND ALL OTHER MEMBERS OF THE SUPERVISING STAFF, EXCEPT EXECUTIVE DIRECTORS, ASSOCIATE, ASSISTANT, DISTRICT AND COMMUNITY SUPERINTENDENTS AND EXAMINERS, APPOINTED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN AND AUTHORIZED BY SECTION TWENTY-FIVE HUNDRED FIFTY-FOUR OF THIS ARTICLE, SHALL BE APPOINTED BY THE BOARD OF EDUCATION, UPON THE RECOMMENDATION OF THE SUPERINTENDENT OR CHANCELLOR OF SCHOOLS, FOR A PROBATIONARY PERIOD OF FOUR YEARS PROVIDED THAT SUCH PROBATIONARY PERIOD MAY BE EXTENDED IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION. THE SERVICE OF A PERSON APPOINTED TO ANY OF SUCH POSITIONS MAY BE DISCONTIN- UED AT ANY TIME DURING THE PROBATIONARY PERIOD ON THE RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS, BY A MAJORITY VOTE OF THE BOARD OF EDUCA- TION. 5. (A) At the expiration of the probationary term of any persons appointed for such term PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN, the superintendent of schools shall make a written report to the board of education recommending for permanent appointment those persons who have been found competent, efficient and satisfactory[, consistent with any applicable rules of the board of regents adopted pursuant to section three thousand twelve-b of this chapter]. Such persons and all others employed in the teaching, service of the schools of a city, who have served the full probationary period, shall hold their respective posi- tions during good behavior and efficient and competent service, and shall not be removable except for cause after a hearing as provided by section three thousand twenty-a OR SECTION THREE THOUSAND TWENTY-B of this chapter. (B) AT THE EXPIRATION OF THE PROBATIONARY TERM OF ANY PERSONS APPOINTED FOR SUCH TERM ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN, THE SUPERINTENDENT OF SCHOOLS SHALL MAKE A WRITTEN REPORT TO THE BOARD OF EDUCATION RECOMMENDING FOR PERMANENT APPOINTMENT THOSE PERSONS WHO HAVE BEEN FOUND COMPETENT, EFFICIENT AND SATISFACTORY AND, IN THE CASE OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL, WHO HAVE RECEIVED COMPOS- ITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS CHAP- TER, OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST THREE OF THE FOUR PRECEDING YEARS, EXCLUSIVE OF ANY BREAKS IN SERVICE; PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRARY, WHEN A TEACHER OR PRINCIPAL RECEIVES AN EFFECTIVE AND/OR HIGHLY EFFEC- TIVE RATING IN EACH YEAR OF HIS OR HER PROBATIONARY SERVICE EXCEPT HE OR SHE RECEIVES AN INEFFECTIVE RATING IN THE FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD, SUCH TEACHER OR PRINCIPAL SHALL NOT BE ELIGIBLE FOR TENURE BUT THE BOARD OF EDUCATION IN ITS DISCRETION, MAY EXTEND THE TEACHER'S PROBATIONARY PERIOD FOR AN ADDITIONAL YEAR; PROVIDED, HOWEVER, THAT IF SUCH TEACHER OR PRINCIPAL SUCCESSFULLY APPEALED SUCH INEFFECTIVE RATING, SUCH TEACHER OR PRINCIPAL SHALL IMMEDIATELY BE ELIGIBLE FOR TENURE IF THE RATING RESULTING FROM THE APPEAL ESTABLISHED THAT SUCH INDIVIDUAL HAS BEEN EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST THREE OF THE PRECEDING FOUR YEARS. AT THE EXPIRATION OF THE PROBATIONARY PERIOD, THE CLASSROOM TEACHER OR BUILDING PRINCIPAL SHALL REMAIN IN PROBATIONARY STATUS UNTIL THE END OF THE SCHOOL YEAR IN WHICH SUCH TEACHER OR PRINCI- PAL HAS RECEIVED SUCH RATINGS OF EFFECTIVE OR HIGHLY EFFECTIVE FOR AT LEAST THREE OF THE FOUR PRECEDING SCHOOL YEARS, EXCLUSIVE OF ANY BREAKS IN SERVICE AND SUBJECT TO THE TERMS HEREOF, DURING WHICH TIME A BOARD OF EDUCATION SHALL CONSIDER WHETHER TO GRANT TENURE FOR THOSE CLASSROOM S. 2006--B 120 A. 3006--B TEACHERS OR BUILDING PRINCIPALS WHO OTHERWISE HAVE BEEN FOUND COMPETENT, EFFICIENT AND SATISFACTORY. PROVIDED, HOWEVER, THAT THE BOARD OF EDUCA- TION MAY GRANT TENURE CONTINGENT UPON A CLASSROOM TEACHER'S OR BUILDING PRINCIPAL'S RECEIPT OF A MINIMUM RATING IN THE FINAL YEAR OF THE PROBA- TIONARY PERIOD, PURSUANT TO THE REQUIREMENTS OF THIS SECTION, AND IF SUCH CONTINGENCY IS NOT MET AFTER ALL APPEALS HAVE BEEN EXHAUSTED, THE GRANT OF TENURE SHALL BE VOID AND UNENFORCEABLE AND THE TEACHER'S OR PRINCIPAL'S PROBATIONARY PERIOD MAY BE EXTENDED IN ACCORDANCE WITH THIS SUBDIVISION. SUCH PERSONS WHO HAVE BEEN RECOMMENDED FOR TENURE AND ALL OTHERS EMPLOYED IN THE TEACHING SERVICE OF THE SCHOOLS OF SUCH SCHOOL DISTRICT WHO HAVE SERVED THE FULL PROBATIONARY PERIOD AS EXTENDED PURSU- ANT TO THIS SUBDIVISION SHALL HOLD THEIR RESPECTIVE POSITIONS DURING GOOD BEHAVIOR AND EFFICIENT AND COMPETENT SERVICE, AND SHALL NOT BE REMOVABLE EXCEPT FOR CAUSE AFTER A HEARING AS PROVIDED BY SECTION THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF THIS CHAPTER. FAILURE TO MAINTAIN CERTIFICATION AS REQUIRED BY THIS CHAPTER AND THE REGULATIONS OF THE COMMISSIONER SHALL CONSTITUTE CAUSE FOR REMOVAL. 6. (A) In a city having a population of four hundred thousand or more, at the expiration of the probationary term of any persons appointed for such term PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN, the superintendent of schools shall make a written report to the board of education recom- mending for permanent appointment those persons who have been found satisfactory[, consistent with any applicable rules of the board of regents adopted pursuant to section three thousand twelve-b of this chapter], and such board of education shall immediately thereafter issue to such persons permanent certificates of appointment. Such persons and all others employed in the teaching service of the schools of such city, who have served the full probationary period shall receive permanent certificates to teach issued to them by the certificating authority, except as otherwise provided in subdivision ten-a of this section, and shall hold their respective positions during good behavior and satisfac- tory teaching service, and shall not be removable except for cause after a hearing as provided by section three thousand twenty-a OR SECTION THREE THOUSAND TWENTY-B of this chapter. (B) AT THE EXPIRATION OF THE PROBATIONARY TERM OF ANY PERSONS APPOINTED FOR SUCH TERM ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN, THE SUPERINTENDENT OF SCHOOLS SHALL MAKE A WRITTEN REPORT TO THE BOARD OF EDUCATION RECOMMENDING FOR PERMANENT APPOINTMENT THOSE PERSONS WHO HAVE BEEN FOUND COMPETENT, EFFICIENT AND SATISFACTORY AND, IN THE CASE OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL, WHO HAVE RECEIVED COMPOS- ITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS CHAP- TER, OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST THREE OF THE FOUR PRECEDING YEARS, EXCLUSIVE OF ANY BREAKS IN SERVICE; PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRARY, WHEN A TEACHER RECEIVES AN EFFECTIVE AND/OR HIGHLY EFFECTIVE RATING IN EACH YEAR OF HIS OR HER PROBATIONARY SERVICE EXCEPT HE OR SHE RECEIVES AN INEFFECTIVE RATING IN THE FINAL YEAR OF HIS OR HER PROBATIONARY PERI- OD, SUCH TEACHER OR PRINCIPAL SHALL NOT BE ELIGIBLE FOR TENURE BUT THE BOARD OF EDUCATION IN ITS DISCRETION, MAY EXTEND THE TEACHER'S PROBA- TIONARY PERIOD FOR AN ADDITIONAL YEAR; PROVIDED, HOWEVER, THAT IF SUCH TEACHER OR PRINCIPAL SUCCESSFULLY APPEALED SUCH INEFFECTIVE RATING, SUCH TEACHER OR PRINCIPAL SHALL IMMEDIATELY BE ELIGIBLE FOR TENURE IF THE RATING RESULTING FROM THE APPEAL ESTABLISHED THAT SUCH INDIVIDUAL HAS BEEN EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST THREE OF THE PRECEDING FOUR YEARS AND WAS NOT INEFFECTIVE IN THE FINAL YEAR. AT THE EXPIRATION S. 2006--B 121 A. 3006--B OF THE PROBATIONARY PERIOD, THE CLASSROOM TEACHER OR BUILDING PRINCIPAL SHALL REMAIN IN PROBATIONARY STATUS UNTIL THE END OF THE SCHOOL YEAR IN WHICH SUCH TEACHER OR PRINCIPAL HAS RECEIVED SUCH RATINGS OF EFFECTIVE OR HIGHLY EFFECTIVE FOR AT LEAST THREE OF THE FOUR PRECEDING SCHOOL YEARS, EXCLUSIVE OF ANY BREAKS IN SERVICE AND SUBJECT TO THE TERMS HERE- OF, DURING WHICH TIME A BOARD OF EDUCATION SHALL CONSIDER WHETHER TO GRANT TENURE FOR THOSE CLASSROOM TEACHERS OR BUILDING PRINCIPALS WHO OTHERWISE HAVE BEEN FOUND COMPETENT, EFFICIENT AND SATISFACTORY. PROVIDED, HOWEVER, THAT THE BOARD OF EDUCATION MAY GRANT TENURE CONTIN- GENT UPON A CLASSROOM TEACHER'S OR BUILDING PRINCIPAL'S RECEIPT OF A MINIMUM RATING IN THE FINAL YEAR OF THE PROBATIONARY PERIOD, PURSUANT TO THE REQUIREMENTS OF THIS SECTION, AND IF SUCH CONTINGENCY IS NOT MET AFTER ALL APPEALS HAVE BEEN EXHAUSTED, THE GRANT OF TENURE SHALL BE VOID AND UNENFORCEABLE AND THE TEACHER'S OR PRINCIPAL'S PROBATIONARY PERIOD MAY BE EXTENDED IN ACCORDANCE WITH THIS SUBDIVISION. SUCH PERSONS WHO HAVE BEEN RECOMMENDED FOR TENURE AND ALL OTHERS EMPLOYED IN THE TEACHING SERVICE OF THE SCHOOLS OF SUCH SCHOOL DISTRICT WHO HAVE SERVED THE FULL PROBATIONARY PERIOD AS EXTENDED PURSUANT TO THIS SUBDIVISION SHALL HOLD THEIR RESPECTIVE POSITIONS DURING GOOD BEHAVIOR AND EFFICIENT AND COMPE- TENT SERVICE, AND SHALL NOT BE REMOVABLE EXCEPT FOR CAUSE AFTER A HEAR- ING AS PROVIDED BY SECTION THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF THIS CHAPTER. FAILURE TO MAINTAIN CERTIFICATION AS REQUIRED BY THIS CHAPTER AND THE REGULATIONS OF THE COMMISSIONER SHALL CONSTITUTE CAUSE FOR REMOVAL. S 4. Section 3012 of the education law, the section heading as amended by chapter 358 of the laws of 1978, subdivision 1 as amended by chapter 442 of the laws of 1980, paragraph (a) of subdivision 1 as amended by chapter 737 of the laws of 1992, subdivision 2 as amended by section 8 of part A of chapter 57 of the laws of 2007, subdivision 3 as added by chapter 859 of the laws of 1955 and as renumbered by chapter 717 of the laws of 1970, is amended to read as follows: S 3012. Tenure: certain school districts. 1. (a) I. Teachers and all other members of the teaching staff of school districts, including common school districts and/or school districts employing fewer than eight teachers, other than city school districts, WHO ARE APPOINTED PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN, shall be appointed by the board of education, or the trustees of common school districts, upon the recommendation of the superintendent of schools, for a probationary period of three years, except that in the case of a teacher who has rendered satisfactory service as a regular substitute for a period of two years or as a seasonally licensed per session teacher of swimming in day schools who has served in that capacity for a period of two years and has been appointed to teach the same subject in day schools, on an annual salary, the probationary period shall be limited to one year; provided, however, that in the case of a teacher who has been appointed on tenure in another school district within the state, the school district where currently employed, or a board of cooperative educational services, and who was not dismissed from such district or board as a result of charges brought pursuant to subdivision one of section three thousand twenty-a OR SECTION THREE THOUSAND TWENTY-B of this [chapter] ARTICLE, the probationary period shall not exceed two years. The service of a person appointed to any of such positions may be discontinued at any time during such probationary period, on the recommendation of the superintendent of schools, by a majority vote of the board of education or the trustees of a common school district. S. 2006--B 122 A. 3006--B II. TEACHERS AND ALL OTHER MEMBERS OF THE TEACHING STAFF OF SCHOOL DISTRICTS, INCLUDING COMMON SCHOOL DISTRICTS AND/OR SCHOOL DISTRICTS EMPLOYING FEWER THAN EIGHT TEACHERS, OTHER THAN CITY SCHOOL DISTRICTS, WHO ARE APPOINTED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN, SHALL BE APPOINTED BY THE BOARD OF EDUCATION, OR THE TRUSTEES OF COMMON SCHOOL DISTRICTS, UPON THE RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS, FOR A PROBATIONARY PERIOD OF FOUR YEARS, EXCEPT THAT IN THE CASE OF A TEACH- ER WHO HAS RENDERED SATISFACTORY SERVICE AS A REGULAR SUBSTITUTE FOR A PERIOD OF TWO YEARS AND, IF A CLASSROOM TEACHER, HAS RECEIVED ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS IN EACH OF THOSE YEARS, OR HAS RENDERED SATISFACTORY SERVICE AS A SEASONALLY LICENSED PER SESSION TEACHER OF SWIMMING IN DAY SCHOOLS WHO HAS SERVED IN THAT CAPACITY FOR A PERIOD OF TWO YEARS AND HAS BEEN APPOINTED TO TEACH THE SAME SUBJECT IN DAY SCHOOLS, ON AN ANNUAL SALARY, THE TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD OF TWO YEARS; PROVIDED, HOWEVER, THAT IN THE CASE OF A TEACHER WHO HAS BEEN APPOINTED ON TENURE IN ANOTHER SCHOOL DISTRICT WITHIN THE STATE, THE SCHOOL DISTRICT WHERE CURRENTLY EMPLOYED, OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND WHO WAS NOT DISMISSED FROM SUCH DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT PURSUANT TO SUBDIVISION ONE OF SECTION THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF THIS ARTICLE, THE TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD OF THREE YEARS; PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER, THE TEACHER DEMONSTRATES THAT HE OR SHE RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATING PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS CHAPTER IN HIS OR HER FINAL YEAR OF SERVICE IN SUCH OTHER SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES. THE SERVICE OF A PERSON APPOINTED TO ANY OF SUCH POSITIONS MAY BE DISCONTINUED AT ANY TIME DURING SUCH PROBATIONARY PERIOD, ON THE RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS, BY A MAJORITY VOTE OF THE BOARD OF EDUCATION OR THE TRUSTEES OF A COMMON SCHOOL DISTRICT. (b) I. Principals, administrators, supervisors and all other members of the supervising staff of school districts, including common school districts and/or school districts employing fewer than eight teachers, other than city school districts, WHO ARE APPOINTED PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN, shall be appointed by the board of education, or the trustees of a common school district, upon the recommendation of the superintendent of schools for a probationary period of three years. The service of a person appointed to any of such positions may be discontin- ued at any time during the probationary period on the recommendation of the superintendent of schools, by a majority vote of the board of educa- tion or the trustees of a common school district. II. PRINCIPALS, ADMINISTRATORS, SUPERVISORS AND ALL OTHER MEMBERS OF THE SUPERVISING STAFF OF SCHOOL DISTRICTS, INCLUDING COMMON SCHOOL DISTRICTS AND/OR SCHOOL DISTRICTS EMPLOYING FEWER THAN EIGHT TEACHERS, OTHER THAN CITY SCHOOL DISTRICTS, WHO ARE APPOINTED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN, SHALL BE APPOINTED BY THE BOARD OF EDUCA- TION, OR THE TRUSTEES OF A COMMON SCHOOL DISTRICT, UPON THE RECOMMENDA- TION OF THE SUPERINTENDENT OF SCHOOLS FOR A PROBATIONARY PERIOD OF FOUR YEARS. THE SERVICE OF A PERSON APPOINTED TO ANY OF SUCH POSITIONS MAY BE DISCONTINUED AT ANY TIME DURING THE PROBATIONARY PERIOD ON THE RECOMMEN- DATION OF THE SUPERINTENDENT OF SCHOOLS, BY A MAJORITY VOTE OF THE BOARD OF EDUCATION OR THE TRUSTEES OF A COMMON SCHOOL DISTRICT. (c) Any person previously appointed to tenure or a probationary period pursuant to the provisions of former section three thousand thirteen of this [chapter] ARTICLE shall continue to hold such position and be S. 2006--B 123 A. 3006--B governed by the provisions of this section notwithstanding any contrary provision of law. 2. (A) At the expiration of the probationary term of a person appointed for such term PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN, subject to the conditions of this section, the superintendent of schools shall make a written report to the board of education or the trustees of a common school district recommending for appointment on tenure those persons who have been found competent, efficient and satisfactory[, consistent with any applicable rules of the board of regents adopted pursuant to section three thousand twelve-b of this article]. Such persons, and all others employed in the teaching service of the schools of such union free school district, common school district and/or school district employing fewer than eight teachers, who have served the proba- tionary period as provided in this section, shall hold their respective positions during good behavior and efficient and competent service, and shall not be removed except for any of the following causes, after a hearing, as provided by section three thousand twenty-a OR SECTION THREE THOUSAND TWENTY-B of [such law] THIS ARTICLE: (a) insubordination, immoral character or conduct unbecoming a teacher; (b) inefficiency, incompetency, physical or mental disability, or neglect of duty; (c) failure to maintain certification as required by this chapter and by the regulations of the commissioner. Each person who is not to be recom- mended for appointment on tenure, shall be so notified by the super- intendent of schools in writing not later than sixty days immediately preceding the expiration of his probationary period. (B) AT THE EXPIRATION OF THE PROBATIONARY TERM OF A PERSON APPOINTED FOR SUCH TERM ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN, SUBJECT TO THE CONDITIONS OF THIS SECTION, THE SUPERINTENDENT OF SCHOOLS SHALL MAKE A WRITTEN REPORT TO THE BOARD OF EDUCATION OR THE TRUSTEES OF A COMMON SCHOOL DISTRICT RECOMMENDING FOR APPOINTMENT ON TENURE THOSE PERSONS WHO HAVE BEEN FOUND COMPETENT, EFFICIENT AND SATISFACTORY AND, IN THE CASE OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL, WHO HAVE RECEIVED COMPOS- ITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS ARTI- CLE, OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST THREE OF THE FOUR PRECEDING YEARS, EXCLUSIVE OF ANY BREAKS IN SERVICE; PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRARY, WHEN A TEACHER OR PRINCIPAL RECEIVES AN EFFECTIVE OR HIGHLY EFFECTIVE RATING IN EACH YEAR OF HIS OR HER PROBATIONARY SERVICE EXCEPT HE OR SHE RECEIVES AN INEFFECTIVE RATING IN THE FINAL YEAR OF HIS OR HER PROBA- TIONARY PERIOD, SUCH TEACHER SHALL NOT BE ELIGIBLE FOR TENURE BUT THE BOARD OF EDUCATION, IN ITS DISCRETION, MAY EXTEND THE TEACHER'S PROBA- TIONARY PERIOD FOR AN ADDITIONAL YEAR; PROVIDED, HOWEVER, THAT IF SUCH TEACHER OR PRINCIPAL SUCCESSFULLY APPEALED SUCH INEFFECTIVE RATING, SUCH TEACHER OR PRINCIPAL SHALL IMMEDIATELY BE ELIGIBLE FOR TENURE IF THE RATING RESULTING FROM THE APPEAL ESTABLISHED THAT SUCH INDIVIDUAL HAS BEEN EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST THREE OF THE PRECEDING FOUR YEARS AND WAS NOT INEFFECTIVE IN THE FINAL YEAR. AT THE EXPIRATION OF THE PROBATIONARY PERIOD, THE CLASSROOM TEACHER OR BUILDING PRINCIPAL SHALL REMAIN IN PROBATIONARY STATUS UNTIL THE END OF THE SCHOOL YEAR IN WHICH SUCH TEACHER OR PRINCIPAL HAS RECEIVED SUCH RATINGS OF EFFECTIVE OR HIGHLY EFFECTIVE FOR AT LEAST THREE OF THE FOUR PRECEDING SCHOOL YEARS, EXCLUSIVE OF ANY BREAKS IN SERVICE, AND SUBJECT TO THE TERMS HEREOF, DURING WHICH TIME THE TRUSTEES OR BOARD OF EDUCATION SHALL CONSIDER WHETHER TO GRANT TENURE FOR THOSE CLASSROOM TEACHERS OR BUILD- ING PRINCIPALS WHO OTHERWISE HAVE BEEN FOUND COMPETENT, EFFICIENT AND S. 2006--B 124 A. 3006--B SATISFACTORY. PROVIDED, HOWEVER, THAT THE TRUSTEES OR BOARD OF EDUCATION MAY GRANT TENURE CONTINGENT UPON A CLASSROOM TEACHER'S OR BUILDING PRIN- CIPAL'S RECEIPT OF A MINIMUM RATING IN THE FINAL YEAR OF THE PROBATION- ARY PERIOD, PURSUANT TO THE REQUIREMENTS OF THIS SECTION, AND IF SUCH CONTINGENCY IS NOT MET AFTER ALL APPEALS HAVE BEEN EXHAUSTED, THE GRANT OF TENURE SHALL BE VOID AND UNENFORCEABLE AND THE TEACHER'S OR PRINCI- PAL'S PROBATIONARY PERIOD MAY BE EXTENDED IN ACCORDANCE WITH THIS SUBDI- VISION. SUCH PERSONS WHO HAVE BEEN RECOMMENDED FOR TENURE AND ALL OTHERS EMPLOYED IN THE TEACHING SERVICE OF THE SCHOOLS OF SUCH SCHOOL DISTRICT WHO HAVE SERVED THE FULL PROBATIONARY PERIOD AS EXTENDED PURSUANT TO THIS SUBDIVISION SHALL HOLD THEIR RESPECTIVE POSITIONS DURING GOOD BEHAVIOR AND EFFICIENT AND COMPETENT SERVICE, AND SHALL NOT BE REMOVABLE EXCEPT FOR CAUSE AFTER A HEARING AS PROVIDED BY SECTION THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF THIS ARTICLE. FAILURE TO MAINTAIN CERTIFICATION AS REQUIRED BY THIS CHAPTER AND THE REGULATIONS OF THE COMMISSIONER SHALL CONSTITUTE CAUSE FOR REMOVAL. 3. Notwithstanding any other provision of this section no period in any school year for which there is no required service and/or for which no compensation is provided shall in any event constitute a break or suspension of probationary period or continuity of tenure rights of any of the persons hereinabove described. S 5. Section 3014 of the education law, as added by chapter 583 of the laws of 1955, subdivision 1 as amended by chapter 551 of the laws of 1976, subdivision 2 as amended by section 10 of part A of chapter 57 of the laws of 2007, is amended to read as follows: S 3014. Tenure: boards of cooperative educational services. 1. (A) Administrative assistants, supervisors, teachers and all other members of the teaching and supervising staff of the board of cooperative educa- tional services APPOINTED PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN, shall be appointed by a majority vote of the board of cooperative educa- tional services upon the recommendation of the district superintendent of schools for a probationary period of not to exceed three years; provided, however, that in the case of a teacher who has been appointed on tenure in a school district within the state, the board of cooper- ative educational services where currently employed, or another board of cooperative educational services, and who was not dismissed from such district or board as a result of charges brought pursuant to subdivision one of section three thousand twenty-a OR SECTION THREE THOUSAND TWEN- TY-B of this [chapter] ARTICLE, the probationary period shall not exceed two years. Services of a person so appointed to any such positions may be discontinued at any time during such probationary period, upon the recommendation of the district superintendent, by a majority vote of the board of cooperative educational services. (B) ADMINISTRATIVE ASSISTANTS, SUPERVISORS, TEACHERS AND ALL OTHER MEMBERS OF THE TEACHING AND SUPERVISING STAFF OF THE BOARD OF COOPER- ATIVE EDUCATIONAL SERVICES APPOINTED ON OR AFTER JULY FIRST, TWO THOU- SAND FIFTEEN, SHALL BE APPOINTED BY A MAJORITY VOTE OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES UPON THE RECOMMENDATION OF THE DISTRICT SUPERINTENDENT OF SCHOOLS FOR A PROBATIONARY PERIOD OF NOT TO EXCEED FOUR YEARS; PROVIDED, HOWEVER, THAT IN THE CASE OF A TEACHER WHO HAS BEEN APPOINTED ON TENURE IN A SCHOOL DISTRICT WITHIN THE STATE, THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES WHERE CURRENTLY EMPLOYED, OR ANOTHER BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND WHO WAS NOT DISMISSED FROM SUCH DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT PURSUANT TO SECTION THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF THIS ARTICLE, THE TEACHER SHALL BE APPOINTED FOR A PROBA- S. 2006--B 125 A. 3006--B TIONARY PERIOD OF THREE YEARS; PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER, THE TEACHER DEMONSTRATES THAT HE OR SHE RECEIVED A COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATING PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR THREE THOUSAND TWELVE-D OF THIS CHAPTER OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN HIS OR HER FINAL YEAR OF SERVICE IN SUCH OTHER SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES. SERVICES OF A PERSON SO APPOINTED TO ANY SUCH POSITIONS MAY BE DISCON- TINUED AT ANY TIME DURING SUCH PROBATIONARY PERIOD, UPON THE RECOMMENDA- TION OF THE DISTRICT SUPERINTENDENT, BY A MAJORITY VOTE OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES. 2. (A) On or before the expiration of the probationary term of a person appointed for such term PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN, the district superintendent of schools shall make a written report to the board of cooperative educational services recommending for appointment on tenure persons who have been found competent, efficient and satisfactory[, consistent with any applicable rules of the board of regents adopted pursuant to section three thousand twelve-b of this article]. Such persons shall hold their respective positions during good behavior and competent and efficient service and shall not be removed except for any of the following causes, after a hearing, as provided by section three thousand twenty-a OR SECTION THREE THOUSAND TWENTY-B of [such law] THIS ARTICLE: [(a)] (I) Insubordination, immoral character or conduct unbecoming a teacher; [(b)] (II) Inefficiency, incompetency, [physical or mental disability] or neglect of duty; [(c)] (III) Failure to maintain certification as required by this chapter and by the regu- lations of the commissioner. Each person who is not to be so recommended for appointment on tenure shall be so notified in writing by the district superintendent not later than sixty days immediately preceding the expiration of his OR HER probationary period. (B) ON OR BEFORE THE EXPIRATION OF THE PROBATIONARY TERM OF A PERSON APPOINTED FOR SUCH TERM ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN, THE DISTRICT SUPERINTENDENT OF SCHOOLS SHALL MAKE A WRITTEN REPORT TO THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES RECOMMENDING FOR APPOINT- MENT ON TENURE PERSONS WHO HAVE BEEN FOUND COMPETENT, EFFICIENT AND SATISFACTORY AND, IN THE CASE OF A CLASSROOM TEACHER OR BUILDING PRINCI- PAL, WHO HAVE RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS ARTICLE, OF EITHER EFFECTIVE OR HIGHLY EFFEC- TIVE IN AT LEAST THREE OF THE FOUR PRECEDING YEARS, EXCLUSIVE OF ANY BREAKS IN SERVICE; PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRARY, WHEN A TEACHER OR PRINCIPAL RECEIVES AN EFFECTIVE OR HIGHLY EFFECTIVE RATING IN EACH YEAR OF HIS OR HER PROBA- TIONARY SERVICE EXCEPT HE OR SHE RECEIVES AN INEFFECTIVE RATING IN THE FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD, SUCH TEACHER SHALL NOT BE ELIGIBLE FOR TENURE BUT THE BOARD OF EDUCATION IN ITS DISCRETION, MAY EXTEND THE TEACHER'S PROBATIONARY PERIOD FOR AN ADDITIONAL YEAR; PROVIDED, HOWEVER THAT IF SUCH TEACHER OR PRINCIPAL SUCCESSFULLY APPEALED SUCH INEFFECTIVE RATING, SUCH TEACHER OR PRINCIPAL SHALL IMME- DIATELY BE ELIGIBLE FOR TENURE IF THE RATING RESULTING FROM THE APPEAL ESTABLISHED THAT SUCH INDIVIDUAL HAS BEEN EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST THREE OF THE PRECEDING FOUR YEARS AND WAS NOT INEFFECTIVE IN THE FINAL YEAR. AT THE EXPIRATION OF THE PROBATIONARY PERIOD, THE CLASSROOM TEACHER OR BUILDING PRINCIPAL SHALL REMAIN IN PROBATIONARY STATUS UNTIL THE END OF THE SCHOOL YEAR IN WHICH SUCH TEACHER OR PRINCI- PAL HAS RECEIVED SUCH RATINGS OF EFFECTIVE OR HIGHLY EFFECTIVE FOR AT LEAST THREE OF THE FOUR PRECEDING SCHOOL YEARS, EXCLUSIVE OF ANY BREAKS S. 2006--B 126 A. 3006--B IN SERVICE, DURING WHICH TIME A BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL CONSIDER WHETHER TO GRANT TENURE FOR THOSE CLASSROOM TEACHERS OR BUILDING PRINCIPALS WHO OTHERWISE HAVE BEEN FOUND COMPETENT, EFFICIENT AND SATISFACTORY. PROVIDED, HOWEVER, THAT THE BOARD OF COOPER- ATIVE EDUCATIONAL SERVICES MAY GRANT TENURE CONTINGENT UPON A CLASSROOM TEACHER'S OR BUILDING PRINCIPAL'S RECEIPT OF A MINIMUM RATING IN THE FINAL YEAR OF THE PROBATIONARY PERIOD, PURSUANT TO THE REQUIREMENTS OF THIS SECTION, AND IF SUCH CONTINGENCY IS NOT MET AFTER ALL APPEALS HAVE BEEN EXHAUSTED, THE GRANT OF TENURE SHALL BE VOID AND UNENFORCEABLE AND THE TEACHER'S OR PRINCIPAL'S PROBATIONARY PERIOD MAY BE EXTENDED IN ACCORDANCE WITH THIS SUBDIVISION. SUCH PERSONS SHALL HOLD THEIR RESPEC- TIVE POSITIONS DURING GOOD BEHAVIOR AND COMPETENT AND EFFICIENT SERVICE AND SHALL NOT BE REMOVED EXCEPT FOR ANY OF THE FOLLOWING CAUSES, AFTER A HEARING, AS PROVIDED BY SECTION THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF THIS ARTICLE: (I) INSUBORDINATION, IMMORAL CHARAC- TER OR CONDUCT UNBECOMING A TEACHER; (II) INEFFICIENCY, INCOMPETENCY, OR NEGLECT OF DUTY; (III) FAILURE TO MAINTAIN CERTIFICATION AS REQUIRED BY THIS CHAPTER AND BY THE REGULATIONS OF THE COMMISSIONER. EACH PERSON WHO IS NOT TO BE SO RECOMMENDED FOR APPOINTMENT ON TENURE SHALL BE SO NOTI- FIED IN WRITING BY THE DISTRICT SUPERINTENDENT NOT LATER THAN SIXTY DAYS IMMEDIATELY PRECEDING THE EXPIRATION OF HIS OR HER PROBATIONARY PERIOD. S 6. Subdivision 1 of section 3012-c of the education law, as amended by chapter 21 of the laws of 2012, is amended to read as follows: 1. Notwithstanding any other provision of law, rule or regulation to the contrary, the annual professional performance reviews of all class- room teachers and building principals employed by school districts or boards of cooperative educational services shall be conducted in accord- ance with the provisions of this section. Such performance reviews which are conducted on or after July first, two thousand eleven, or on or after the date specified in paragraph c of subdivision two of this section where applicable, shall include measures of student achievement and be conducted in accordance with this section. Such annual profes- sional performance reviews shall be a significant factor for employment decisions including but not limited to, promotion, retention, tenure determination, termination, and supplemental compensation, which deci- sions are to be made in accordance with locally developed procedures negotiated pursuant to the requirements of article fourteen of the civil service law where applicable. Provided, however, that nothing in this section shall be construed to affect the UNFETTERED statutory right of a school district or board of cooperative educational services to termi- nate a probationary teacher or principal for ANY statutorily and consti- tutionally permissible reasons [other than the performance of the teach- er or principal in the classroom or school], including but not limited to misconduct AND UNTIL A TENURE DECISION IS MADE, THE PERFORMANCE OF THE TEACHER OR PRINCIPAL IN THE CLASSROOM. Such performance reviews shall also be a significant factor in teacher and principal development, including but not limited to, coaching, induction support and differen- tiated professional development, which are to be locally established in accordance with procedures negotiated pursuant to the requirements of article fourteen of the civil service law. S 7. Paragraph b of subdivision 5 of section 3012-c of the education law, as added by chapter 21 of the laws of 2012, is amended to read as follows: b. Nothing in this section shall be construed to alter or diminish the authority of the governing body of a school district or board of cooper- ative educational services to grant or deny tenure to or terminate S. 2006--B 127 A. 3006--B probationary teachers or probationary building principals during the pendency of an appeal pursuant to this section for statutorily and constitutionally permissible reasons [other than] INCLUDING the teach- er's or principal's performance that is the subject of the appeal. S 8. This act shall take effect immediately. SUBPART E Section 1. Authority of the commissioner. Notwithstanding any provisions of section 3012-c of the education law to the contrary, the commissioner of the state education department, is hereby authorized and directed to, subject to the provisions of section 207 of the education law, adopt regulations of the commissioner and guidelines no later than June 30, 2015, to implement a statewide annual teacher and principal evaluation system in New York state pursuant to section 3012-d of the education law, as added by this act, after consulting with experts and practitioners in the fields of education, economics and psychometrics and taking into consideration the parameters set forth in the letter from the Chancellor of the Board of Regents and acting commissioner dated December 31, 2014, to the New York State Director of State Oper- ations. The commissioner shall also establish a process to accept public comments and recommendations regarding the adoption of regulations pursuant to section 3012-d of the education law and consult in writing with the Secretary of the United States Department of Education on weights, measures and ranking of evaluation categories and subcomponents and shall release the response from the Secretary upon receipt thereof but in any event prior to publication of the regulations hereunder. S 2. The education law is amended by adding a new section 3012-d to read as follows: S 3012-D. ANNUAL TEACHER AND PRINCIPAL EVALUATIONS. 1. GENERAL PROVISIONS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGU- LATION TO THE CONTRARY, THE ANNUAL TEACHER AND PRINCIPAL EVALUATIONS (HEREINAFTER, EVALUATIONS) IMPLEMENTED BY DISTRICTS SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH ANNUAL EVALU- ATIONS SHALL BE A SIGNIFICANT FACTOR FOR EMPLOYMENT DECISIONS INCLUDING BUT NOT LIMITED TO, PROMOTION, RETENTION, TENURE DETERMINATION, TERMI- NATION, AND SUPPLEMENTAL COMPENSATION. SUCH EVALUATIONS SHALL ALSO BE A SIGNIFICANT FACTOR IN TEACHER AND PRINCIPAL DEVELOPMENT INCLUDING BUT NOT LIMITED TO COACHING, INDUCTION SUPPORT, AND DIFFERENTIATED PROFES- SIONAL DEVELOPMENT. 2. DEFINITIONS. A. "DISTRICT" SHALL MEAN SCHOOL DISTRICT AND/OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, EXCEPT THAT FOR PURPOSES OF SUBDIVISION ELEVEN OF THIS SECTION IT SHALL ONLY MEAN A SCHOOL DISTRICT; B. "PRINCIPAL" SHALL MEAN A BUILDING PRINCIPAL OR AN ADMINISTRATOR IN CHARGE OF AN INSTRUCTIONAL PROGRAM OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES; C. "STUDENT GROWTH" SHALL MEAN THE CHANGE IN STUDENT ACHIEVEMENT FOR AN INDIVIDUAL STUDENT BETWEEN TWO OR MORE POINTS IN TIME. D. "STATE-DESIGNED SUPPLEMENTAL ASSESSMENT" SHALL MEAN A SELECTION OF STATE TESTS OR ASSESSMENTS DEVELOPED OR DESIGNED BY THE STATE EDUCATION DEPARTMENT, OR THAT THE STATE EDUCATION DEPARTMENT PURCHASED OR ACQUIRED FROM (I) ANOTHER STATE; (II) AN INSTITUTION OF HIGHER EDUCATION; OR (III) A COMMERCIAL OR NOT-FOR-PROFIT ENTITY, PROVIDED THAT SUCH ENTITY MUST BE OBJECTIVE AND MAY NOT HAVE A CONFLICT OF INTEREST OR APPEARANCE OF A CONFLICT OF INTEREST; SUCH DEFINITION MAY INCLUDE TESTS OR ASSESS- S. 2006--B 128 A. 3006--B MENTS THAT HAVE BEEN PREVIOUSLY DESIGNED OR ACQUIRED BY LOCAL DISTRICTS, BUT ONLY IF THE STATE EDUCATION DEPARTMENT SIGNIFICANTLY MODIFIES GROWTH TARGETS OR SCORING BANDS FOR SUCH TESTS OR ASSESSMENTS OR OTHERWISE ADAPTS THE TEST OR ASSESSMENT TO THE STATE EDUCATION DEPARTMENT'S REQUIREMENTS. 3. RATINGS. THE ANNUAL EVALUATIONS CONDUCTED PURSUANT TO THIS SECTION SHALL RATE TEACHER AND PRINCIPAL EFFECTIVENESS USING THE FOLLOWING CATE- GORIES: HIGHLY EFFECTIVE OR "H", EFFECTIVE OR "E", DEVELOPING OR "D" AND INEFFECTIVE OR "I". 4. CATEGORIES. THE ANNUAL EVALUATION SYSTEM SHALL CONSIST OF MULTIPLE MEASURES IN TWO CATEGORIES: STUDENT PERFORMANCE AND TEACHER OBSERVA- TIONS. A. STUDENT PERFORMANCE CATEGORY. SUCH CATEGORY SHALL HAVE AT LEAST ONE SUBCOMPONENT AND AN OPTIONAL SECOND SUBCOMPONENT AS FOLLOWS: (1) FOR THE FIRST SUBCOMPONENT, (A) FOR A TEACHER WHOSE COURSE ENDS IN A STATE-CREATED OR ADMINISTERED TEST FOR WHICH THERE IS A STATE-PROVIDED GROWTH MODEL, SUCH TEACHER SHALL HAVE A STATE-PROVIDED GROWTH SCORE BASED ON SUCH MODEL; AND (B) FOR A TEACHER WHOSE COURSE DOES NOT END IN A STATE-CREATED OR ADMINISTERED TEST SUCH TEACHER SHALL HAVE A STUDENT LEARNING OBJECTIVE (SLO) CONSISTENT WITH A GOAL-SETTING PROCESS DETER- MINED OR DEVELOPED BY THE COMMISSIONER, THAT RESULTS IN A STUDENT GROWTH SCORE; PROVIDED THAT, FOR ANY TEACHER WHOSE COURSE ENDS IN A STATE- CREATED OR ADMINISTERED ASSESSMENT FOR WHICH THERE IS NO STATE-PROVIDED GROWTH MODEL, SUCH ASSESSMENT MUST BE USED AS THE UNDERLYING ASSESSMENT FOR SUCH SLO; (2) FOR THE OPTIONAL SECOND SUBCOMPONENT, A DISTRICT MAY LOCALLY SELECT A SECOND MEASURE IN ACCORDANCE WITH THIS SUBPARAGRAPH. SUCH SECOND MEASURE SHALL APPLY IN A CONSISTENT MANNER, TO THE EXTENT PRACTI- CABLE, ACROSS THE DISTRICT AND BE EITHER: (A) A SECOND STATE-PROVIDED GROWTH SCORE ON A STATE-CREATED OR ADMINISTERED TEST UNDER CLAUSE (A) OF SUBPARAGRAPH ONE OF THIS PARAGRAPH, OR (B) A GROWTH SCORE BASED ON A STATE-DESIGNED SUPPLEMENTAL ASSESSMENT, CALCULATED USING A STATE-PROVID- ED OR APPROVED GROWTH MODEL. THE OPTIONAL SECOND SUBCOMPONENT SHALL PROVIDE OPTIONS FOR MULTIPLE ASSESSMENT MEASURES THAT ARE ALIGNED TO EXISTING CLASSROOM AND SCHOOL BEST PRACTICES AND TAKE INTO CONSIDERATION THE RECOMMENDATIONS IN THE TESTING REDUCTION REPORT AS REQUIRED BY SECTION ONE OF SUBPART F OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN WHICH ADDED THIS SECTION REGARDING THE REDUCTION OF UNNECESSARY ADDITIONAL TESTING. THE COMMISSIONER SHALL DETERMINE THE WEIGHTS AND SCORING RANGES FOR THE SUBCOMPONENT OR SUBCOMPONENTS OF THE STUDENT PERFORMANCE CATEGORY THAT SHALL RESULT IN A COMBINED CATEGORY RATING. THE COMMISSIONER SHALL ALSO SET PARAMETERS FOR APPROPRIATE TARGETS FOR STUDENT GROWTH FOR BOTH SUBCOMPONENTS, AND THE DEPARTMENT MUST AFFIRMATIVELY APPROVE AND SHALL HAVE THE AUTHORITY TO DISAPPROVE OR REQUIRE MODIFICATIONS OF DISTRICT PLANS THAT DO NOT SET APPROPRIATE GROWTH TARGETS, INCLUDING AFTER INITIAL APPROVAL. THE COMMISSIONER SHALL SET SUCH WEIGHTS AND PARAMETERS CONSISTENT WITH THE TERMS CONTAINED HEREIN. B. TEACHER OBSERVATIONS CATEGORY. THE OBSERVATIONS CATEGORY FOR TEACH- ERS SHALL BE BASED ON A STATE-APPROVED RUBRIC AND SHALL INCLUDE UP TO THREE SUBCOMPONENTS. SUCH CATEGORY MUST INCLUDE: (1) A SUBCOMPONENT BASED ON CLASSROOM OBSERVATIONS CONDUCTED BY A PRINCIPAL OR OTHER TRAINED ADMINISTRATOR AND MUST ALSO INCLUDE (2) A SUBCOMPONENT BASED ON CLASSROOM OBSERVATIONS BY AN IMPARTIAL INDEPENDENT TRAINED EVALUATOR OR EVALUATORS SELECTED BY THE DISTRICT. AN INDEPENDENT TRAINED EVALUATOR MAY BE EMPLOYED WITHIN THE SCHOOL DISTRICT, BUT NOT THE SAME SCHOOL S. 2006--B 129 A. 3006--B BUILDING, AS THE TEACHER BEING EVALUATED. SUCH CATEGORY MAY ALSO INCLUDE A SUBCOMPONENT BASED ON CLASSROOM OBSERVATIONS CONDUCTED BY A TRAINED PEER TEACHER RATED EFFECTIVE OR HIGHLY EFFECTIVE FROM THE SAME SCHOOL OR FROM ANOTHER SCHOOL IN THE DISTRICT. THE COMMISSIONER SHALL DETERMINE THE WEIGHTS, AND/OR WEIGHTING OPTIONS AND SCORING RANGES FOR THE SUBCOMPONENTS OF THE OBSERVATIONS CATEGORY THAT RESULT IN A COMBINED CATEGORY RATING. THE COMMISSIONER SHALL ALSO DETERMINE THE MINIMUM NUMBER OF OBSERVATIONS TO BE CONDUCTED ANNUALLY, INCLUDING FREQUENCY AND DURATION, AND ANY PARAMETERS THEREFOR. THE COMMISSIONER SHALL SET SUCH WEIGHTS AND SCORES CONSISTENT WITH THE TERMS CONTAINED HEREIN. 5. RATING DETERMINATION. THE OVERALL RATING DETERMINATION SHALL BE DETERMINED ACCORDING TO A METHODOLOGY AS FOLLOWS: A. THE FOLLOWING RULES SHALL APPLY: A TEACHER OR PRINCIPAL WHO IS (1) RATED USING TWO SUBCOMPONENTS IN THE STUDENT PERFORMANCE CATEGORY AND RECEIVES A RATING OF INEFFECTIVE IN SUCH CATEGORY SHALL BE RATED INEF- FECTIVE OVERALL; PROVIDED, HOWEVER, THAT IF THE MEASURE USED IN THE SECOND SUBCOMPONENT IS A STATE-PROVIDED GROWTH SCORE ON A STATE-CREATED OR ADMINISTERED TEST PURSUANT TO CLAUSE (A) OF SUBPARAGRAPH ONE OF PARA- GRAPH A OF SUBDIVISION FOUR OF THIS SECTION, A TEACHER OR PRINCIPAL WHO RECEIVES A RATING OF INEFFECTIVE IN SUCH CATEGORY SHALL NOT BE ELIGIBLE TO RECEIVE A RATING OF EFFECTIVE OR HIGHLY EFFECTIVE OVERALL; (2) RATED USING ONLY THE STATE MEASURE SUBCOMPONENT IN THE STUDENT PERFORMANCE CATEGORY AND RECEIVES A RATING OF INEFFECTIVE IN SUCH CATEGORY SHALL NOT BE ELIGIBLE TO RECEIVE A RATING OF EFFECTIVE OR HIGHLY EFFECTIVE OVER- ALL; AND (3) RATED INEFFECTIVE IN THE TEACHER OBSERVATIONS CATEGORY SHALL NOT BE ELIGIBLE TO RECEIVE A RATING OF EFFECTIVE OR HIGHLY EFFEC- TIVE OVERALL. B. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH A OF THIS SUBDIVISION, A TEACHER'S COMPOSITE SCORE SHALL BE DETERMINED AS FOLLOWS: (1) IF A TEACHER RECEIVES AN H IN THE TEACHER OBSERVATION CATEGORY, AND AN H IN THE STUDENT PERFORMANCE CATEGORY, THE TEACHER'S COMPOSITE SCORE SHALL BE H; (2) IF A TEACHER RECEIVES AN H IN THE TEACHER OBSERVATION CATEGORY, AND AN E IN THE STUDENT PERFORMANCE CATEGORY, THE TEACHER'S COMPOSITE SCORE SHALL BE H; (3) IF A TEACHER RECEIVES AN H IN THE TEACHER OBSERVATION CATEGORY, AND A D IN THE STUDENT PERFORMANCE CATEGORY, THE TEACHER'S COMPOSITE SCORE SHALL BE E; (4) IF A TEACHER RECEIVES AN H IN THE TEACHER OBSERVATION CATEGORY, AND AN I IN THE STUDENT PERFORMANCE CATEGORY, THE TEACHER'S COMPOSITE SCORE SHALL BE D; (5) IF A TEACHER RECEIVES AN E IN THE TEACHER OBSERVATION CATEGORY, AND AN H IN THE STUDENT PERFORMANCE CATEGORY, THE TEACHER'S COMPOSITE SCORE SHALL BE H; (6) IF A TEACHER RECEIVES AN E IN THE TEACHER OBSERVATION CATEGORY, AND AN E IN THE STUDENT PERFORMANCE CATEGORY, THE TEACHER'S COMPOSITE SCORE SHALL BE E; (7) IF A TEACHER RECEIVES AN E IN THE TEACHER OBSERVATION CATEGORY, AND A D IN THE STUDENT PERFORMANCE CATEGORY, THE TEACHER'S COMPOSITE SCORE SHALL BE E; (8) IF A TEACHER RECEIVES AN E IN THE TEACHER OBSERVATION CATEGORY, AND AN I IN THE STUDENT PERFORMANCE CATEGORY, THE TEACHER'S COMPOSITE SCORE SHALL BE D; S. 2006--B 130 A. 3006--B (9) IF A TEACHER RECEIVES A D IN THE TEACHER OBSERVATION CATEGORY, AND AN H IN THE STUDENT PERFORMANCE CATEGORY, THE TEACHER'S COMPOSITE SCORE SHALL BE E; (10) IF A TEACHER RECEIVES A D IN THE TEACHER OBSERVATION CATEGORY, AND AN E IN THE STUDENT PERFORMANCE CATEGORY, THE TEACHER'S COMPOSITE SCORE SHALL BE E; (11) IF A TEACHER RECEIVES A D IN THE TEACHER OBSERVATION CATEGORY, AND A D IN THE STUDENT PERFORMANCE CATEGORY, THE TEACHER'S COMPOSITE SCORE SHALL BE D; (12) IF A TEACHER RECEIVES A D IN THE TEACHER OBSERVATION CATEGORY, AND AN I IN THE STUDENT PERFORMANCE CATEGORY, THE TEACHER'S COMPOSITE SCORE SHALL BE I; (13) IF A TEACHER RECEIVES AN I IN THE TEACHER OBSERVATION CATEGORY, AND AN H IN THE STUDENT PERFORMANCE CATEGORY, THE TEACHER'S COMPOSITE SCORE SHALL BE D; (14) IF A TEACHER RECEIVES AN I IN THE TEACHER OBSERVATION CATEGORY, AND AN E IN THE STUDENT PERFORMANCE CATEGORY, THE TEACHER'S COMPOSITE SCORE SHALL BE D; (15) IF A TEACHER RECEIVES AN I IN THE TEACHER OBSERVATION CATEGORY, AND A D IN THE STUDENT PERFORMANCE CATEGORY, THE TEACHER'S COMPOSITE SCORE SHALL BE I; (16) IF A TEACHER RECEIVES AN I IN THE TEACHER OBSERVATION CATEGORY, AND AN I IN THE STUDENT PERFORMANCE CATEGORY, THE TEACHER'S COMPOSITE SCORE SHALL BE I. 6. PROHIBITED ELEMENTS. THE FOLLOWING ELEMENTS SHALL NO LONGER BE ELIGIBLE TO BE USED IN ANY EVALUATION SUBCOMPONENT PURSUANT TO THIS SECTION: A. EVIDENCE OF STUDENT DEVELOPMENT AND PERFORMANCE DERIVED FROM LESSON PLANS, OTHER ARTIFACTS OF TEACHER PRACTICE, AND STUDENT PORTFOLIOS, EXCEPT FOR STUDENT PORTFOLIOS MEASURED BY A STATE-APPROVED RUBRIC WHERE PERMITTED BY THE DEPARTMENT; B. USE OF AN INSTRUMENT FOR PARENT OR STUDENT FEEDBACK; C. USE OF PROFESSIONAL GOAL-SETTING AS EVIDENCE OF TEACHER OR PRINCI- PAL EFFECTIVENESS; D. ANY DISTRICT OR REGIONALLY-DEVELOPED ASSESSMENT THAT HAS NOT BEEN APPROVED BY THE DEPARTMENT; AND E. ANY GROWTH OR ACHIEVEMENT TARGET THAT DOES NOT MEET THE MINIMUM STANDARDS AS SET FORTH IN REGULATIONS OF THE COMMISSIONER ADOPTED HERE- UNDER. 7. THE COMMISSIONER SHALL ENSURE THAT THE PROCESS BY WHICH WEIGHTS AND SCORING RANGES ARE ASSIGNED TO SUBCOMPONENTS AND CATEGORIES IS TRANSPAR- ENT AND AVAILABLE TO THOSE BEING RATED BEFORE THE BEGINNING OF EACH SCHOOL YEAR. SUCH PROCESS MUST ENSURE THAT IT IS POSSIBLE FOR A TEACHER OR PRINCIPAL TO OBTAIN ANY NUMBER OF POINTS IN THE APPLICABLE SCORING RANGES, INCLUDING ZERO, IN EACH SUBCOMPONENT. THE SUPERINTENDENT, DISTRICT SUPERINTENDENT OR CHANCELLOR AND THE REPRESENTATIVE OF THE COLLECTIVE BARGAINING UNIT (WHERE ONE EXISTS) SHALL CERTIFY IN THE DISTRICT'S PLAN THAT THE EVALUATION PROCESS SHALL USE THE STANDARDS FOR THE SCORING RANGES PROVIDED BY THE COMMISSIONER. PROVIDED, HOWEVER, THAT IN ANY EVENT, THE FOLLOWING RULES SHALL APPLY: A TEACHER OR PRINCIPAL WHO IS: A. RATED USING TWO SUBCOMPONENTS IN THE STUDENT PERFORMANCE CATEGORY AND RECEIVES A RATING OF INEFFECTIVE IN SUCH CATEGORY SHALL BE RATED INEFFECTIVE OVERALL, EXCEPT THAT IF THE MEASURE USED IN THE SECOND SUBCOMPONENT IS A SECOND STATE-PROVIDED GROWTH SCORE ON A STATE-ADMINIS- TERED OR SPONSORED TEST PURSUANT TO CLAUSE (A) OF SUBPARAGRAPH ONE OF S. 2006--B 131 A. 3006--B PARAGRAPH A OF SUBDIVISION FOUR OF THIS SECTION, A TEACHER OR PRINCIPAL THAT RECEIVES A RATING OF INEFFECTIVE IN SUCH CATEGORY SHALL NOT BE ELIGIBLE TO RECEIVE A RATING OF EFFECTIVE OR HIGHLY EFFECTIVE OVERALL; B. RATED USING ONLY THE STATE MEASURE SUBCOMPONENT IN THE STUDENT PERFORMANCE CATEGORY AND RECEIVES A RATING OF INEFFECTIVE IN SUCH CATE- GORY SHALL NOT BE ELIGIBLE TO RECEIVE A RATING OF EFFECTIVE OR HIGHLY EFFECTIVE OVERALL; AND C. RATED INEFFECTIVE IN THE OBSERVATIONS CATEGORY SHALL NOT BE ELIGI- BLE TO RECEIVE A RATING OF EFFECTIVE OR HIGHLY EFFECTIVE OVERALL. 8. A STUDENT MAY NOT BE INSTRUCTED, FOR TWO CONSECUTIVE SCHOOL YEARS, BY ANY TWO TEACHERS IN THE SAME DISTRICT, EACH OF WHOM RECEIVED A RATING OF INEFFECTIVE UNDER AN EVALUATION CONDUCTED PURSUANT TO THIS SECTION IN THE SCHOOL YEAR IMMEDIATELY PRIOR TO THE SCHOOL YEAR IN WHICH THE STUDENT IS PLACED IN THE TEACHER'S CLASSROOM; PROVIDED, THAT IF A DISTRICT DEEMS IT IMPRACTICABLE TO COMPLY WITH THIS SUBDIVISION, THE DISTRICT SHALL SEEK A WAIVER FROM THE DEPARTMENT FROM SUCH REQUIREMENT. 9. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT THE UNFETTERED STATUTORY RIGHT OF A DISTRICT TO TERMINATE A PROBATIONARY (NON-TENURED) TEACHER OR PRINCIPAL FOR ANY STATUTORILY AND CONSTITUTIONALLY PERMISSI- BLE REASONS. 10. THE LOCAL COLLECTIVE BARGAINING REPRESENTATIVE SHALL NEGOTIATE WITH THE DISTRICT: A. WHETHER TO USE A SECOND MEASURE, AND, IN THE EVENT THAT A SECOND MEASURE IS USED, WHICH MEASURE TO USE, PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH A OF SUBDIVISION FOUR OF THIS SECTION AND B. HOW TO IMPLEMENT THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION FOUR OF THIS SECTION, AND ASSOCIATED REGULATIONS AS ESTABLISHED BY THE COMMISSIONER, IN ACCORDANCE WITH ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. 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 HAS 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 CONDUCTING ANNUAL TEACHER AND PRINCIPAL EVALUATIONS OF TEACHERS AND PRINCIPALS IN ACCORDANCE WITH THE REQUIRE- MENTS 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. 12. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, ALL COLLECTIVE BARGAINING AGREEMENTS ENTERED INTO AFTER APRIL FIRST, TWO THOUSAND FIFTEEN SHALL BE CONSISTENT WITH THE REQUIRE- MENTS OF THIS SECTION, UNLESS THE AGREEMENT RELATES TO THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR ONLY. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ABROGATE ANY CONFLICTING PROVISIONS OF ANY COLLEC- TIVE BARGAINING AGREEMENT IN EFFECT ON APRIL FIRST, TWO THOUSAND FIFTEEN DURING THE TERM OF SUCH AGREEMENT AND UNTIL THE ENTRY INTO A SUCCESSOR S. 2006--B 132 A. 3006--B COLLECTIVE BARGAINING AGREEMENT, PROVIDED THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON EXPIRATION OF SUCH TERM AND THE ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT THE PROVISIONS OF THIS SECTION SHALL APPLY. 13. ANY REFERENCE IN LAW TO "ANNUAL PROFESSIONAL PERFORMANCE REVIEW" SHALL BE DEEMED TO REFER TO AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW PURSUANT TO SECTION THREE THOUSAND TWELVE-C OF THIS ARTICLE OR ANNUAL TEACHER AND PRINCIPAL EVALUATIONS PURSUANT TO THIS SECTION AND ANY REFERENCES TO SECTION THREE THOUSAND TWELVE-C OF THIS ARTICLE SHALL BE DEEMED TO REFER TO SECTION THREE THOUSAND TWELVE-C OF THIS ARTICLE AND/OR THIS SECTION, AS APPLICABLE. 14. THE COMMISSIONER SHALL ADOPT REGULATIONS TO ALIGN THE PRINCIPAL EVALUATION SYSTEM AS SET FORTH IN SECTION THREE THOUSAND TWELVE-C OF THIS ARTICLE WITH THE NEW TEACHER EVALUATION SYSTEM SET FORTH HEREIN. 15. THE PROVISIONS OF PARAGRAPHS D, K, K-1, K-2 AND L OF SUBDIVISION TWO AND SUBDIVISIONS FOUR, FIVE, FIVE-A, NINE, AND TEN OF SECTION THREE THOUSAND TWELVE-C OF THIS ARTICLE, AS AMENDED, SHALL APPLY TO THIS SECTION TO THE EXTENT DETERMINED BY THE COMMISSIONER. S 3. This act shall take effect immediately. SUBPART F Section 1. Testing reduction report. New York families in many districts are expressing significant stress and anxiety from over-test- ing. The demands of state tests have been growing and there has been an increase in the number of local tests. As a result, testing in many districts has reached a level that is counterproductive and must be addressed. On or before June 1, 2015, the Chancellor of the Board of Regents shall submit a report to the Governor, the Temporary President of the Senate, and the Speaker of the Assembly outlining recommendations that shall help to: reduce the amount of state and local student test- ing, improve the quality thereof, and thereby reduce test-related stress and anxiety for students and educators. The report shall outline ways in which any future testing in New York shall be implemented in a manner that minimizes classroom preparation, student stress and student anxie- ty. The Chancellor shall work with students, parents, educators, school districts, and other relevant stakeholders in preparing the report. S 2. This act shall take effect immediately. SUBPART G Section 1. Subdivision 7-a of section 305 of the education law, as added by chapter 296 of the laws of 2008, is amended to read as follows: 7-a. a. In addition to the authority to revoke and annul a certificate of qualification of a teacher in a proceeding brought pursuant to subdi- vision seven of this section, the commissioner shall be authorized, and it shall be his or her duty, to revoke and annul in accordance with this subdivision the teaching certificate of a teacher convicted of a sex offense for which registration as a sex offender is required pursuant to article six-C of the correction law OR OF ANY OTHER VIOLENT FELONY OFFENSE OR OFFENSES COMMITTED AGAINST A CHILD WHEN SUCH CHILD WAS THE INTENDED VICTIM OF SUCH OFFENSE. b. As used in this subdivision, the following terms shall have the following meanings: (1) "conviction" means any conviction whether by plea of guilty or nolo contendere or from a verdict after trial or otherwise; S. 2006--B 133 A. 3006--B (2) "sex offense" means an offense set forth in subdivision two or three of section one hundred sixty-eight-a of the correction law, including an offense committed in any jurisdiction for which the offen- der is required to register as a sex offender in New York; (3) "teacher" means any professional educator holding a teaching certificate as defined in subparagraph four of this paragraph, including but not limited to a classroom teacher, teaching assistant, pupil personnel services professional, school administrator or supervisor or superintendent of schools; [and] (4) "teaching certificate" means the certificate or license or other certificate of qualification granted to a teacher by any authority what- soever; AND (5) "VIOLENT FELONY OFFENSE" MEANS ANY OFFENSE AS DEFINED IN SUBDIVI- SION ONE OF SECTION 70.02 OF THE PENAL LAW. c. Upon receipt of a certified copy of a criminal history record show- ing that a teacher has been convicted of a sex offense or sex offenses OR A VIOLENT FELONY OFFENSE OR OFFENSES COMMITTED AGAINST A CHILD WHEN SUCH CHILD WAS THE INTENDED VICTIM OF SUCH OFFENSE or upon receipt of notice of such a conviction as provided in paragraph d of this subdivi- sion, the commissioner shall automatically revoke and annul the teaching certificate of such teacher without the right to a hearing. The commis- sioner shall mail notice of the revocation and annulment pursuant to this subdivision by certified mail, return receipt requested, and by first-class mail directed to the teacher at such teacher's last known address and, if different, the last address filed by the certificate holder with the commissioner and to the teacher's counsel of record in the criminal proceeding as reported in the notice pursuant to paragraph d of this subdivision. Such notice shall inform the teacher that his or her certificate has been revoked and annulled, identify the sex offense or sex offenses OR VIOLENT FELONY OFFENSE OR OFFENSES COMMITTED AGAINST A CHILD WHEN SUCH CHILD WAS THE INTENDED VICTIM OF SUCH OFFENSE of which the teacher has been convicted and shall set forth the procedure to follow if the teacher denies he or she is the person who has been so convicted. If such teacher notifies the commissioner in writing within twenty-five days after the date of receipt of the notice that he or she is not the same person as the convicted offender identified in the crim- inal record or identified pursuant to paragraph d of this subdivision, provides proof to reasonably support such claim and the commissioner is satisfied the proof establishes such claim, the commissioner shall, within five business days of the receipt of such proof, restore such teacher's teaching certificate retroactive to the date of revocation and annulment. d. Upon conviction of a teacher of a sex offense defined in this subdivision, the district attorney or other prosecuting authority who obtained such conviction shall provide notice of such conviction to the commissioner identifying the sex offense or sex offenses OR VIOLENT FELONY OFFENSE OR OFFENSES COMMITTED AGAINST A CHILD WHEN SUCH CHILD WAS THE INTENDED VICTIM OF SUCH OFFENSE of which the teacher has been convicted, the name and address of such offender and other identifying information prescribed by the commissioner, including the offender's date of birth and social security number, to the extent consistent with federal and state laws governing personal privacy and confidentiality of information. Such notice shall also include the name and business address of the offender's counsel of record in the criminal proceeding. e. Upon receipt of proof that the conviction or convictions that formed the basis for revocation and annulment of the teacher's teaching S. 2006--B 134 A. 3006--B certificate pursuant to this subdivision have been set aside upon appeal or otherwise reversed, vacated or annulled, the commissioner shall be required to conduct a due process hearing pursuant to subdivision seven of this section and part eighty-three of title eight of the New York codes, rules and regulations prior to making a determination as to whether to reinstate the teacher's original teaching certificate. Such determination shall be made within ninety days after such proof has been received. f. Except as provided in paragraph g of this subdivision, and notwith- standing any other provision of law to the contrary, a teacher shall be reinstated to his or her position of employment in a public school, with full back pay and benefits from the date his or her certificate was revoked or annulled to the date of such reinstatement, under the follow- ing circumstances: (i) The termination of employment was based solely on the conviction of a sex offense, OR CONVICTION OF A VIOLENT FELONY OFFENSE OR OFFENSES COMMITTED AGAINST A CHILD WHEN SUCH CHILD WAS THE INTENDED VICTIM OF SUCH OFFENSE or the revocation or annulment of a certificate based on such conviction, and such conviction has been set aside on appeal or otherwise reversed, vacated or annulled and the commissioner has rein- stated the teacher's certification pursuant to paragraph e of this subdivision; or (ii) The termination of employment was based solely on the conviction of a sex offense OR VIOLENT FELONY OFFENSE OR OFFENSES COMMITTED AGAINST A CHILD WHEN SUCH CHILD WAS THE INTENDED VICTIM OF SUCH OFFENSE and it has been determined that the teacher is not the same person as the convicted offender. g. If a teacher's employment was terminated as a result of a discipli- nary proceeding conducted pursuant to section three thousand twenty-a of this chapter or other disciplinary hearing conducted pursuant to any collective bargaining or contractual agreement on one or more grounds other than conviction of a sex offense, or the revocation or annulment of a certificate based on such conviction, then nothing in paragraph f of this subdivision shall require a school district to reinstate employ- ment of such teacher or be liable for back pay or benefits. h. No provision of this article shall be deemed to preclude the following: (i) the commissioner from conducting a due process hearing pursuant to subdivision seven of this section and part eighty-three of title eight of the New York codes, rules and regulations; or (ii) a school district or employing board from bringing a disciplinary proceed- ing pursuant to section three thousand twenty-a OR THREE THOUSAND TWEN- TY-B of this chapter; or (iii) a school district or employing board from bringing an alternative disciplinary proceeding conducted pursuant to a collective bargaining or contractual agreement. i. The commissioner shall be authorized to promulgate any regulations necessary to implement the provisions of this subdivision. S 2. Subdivision 3 and paragraph a of subdivision 4 of section 3020 of the education law, as amended by chapter 103 of the laws of 2010, are amended to read as follows: 3. Notwithstanding any inconsistent provision of law, the procedures set forth in section three thousand twenty-a of this article and subdi- vision seven of section twenty-five hundred ninety-j of this chapter may be modified or replaced by agreements negotiated between the city school district of the city of New York and any employee organization repres- enting employees or titles that are or were covered by any memorandum of agreement executed by such city school district and the council of S. 2006--B 135 A. 3006--B supervisors and administrators of the city of New York on or after December first, nineteen hundred ninety-nine. Where such procedures are so modified or replaced: (i) compliance with such modification or replacement procedures shall satisfy any provision in this chapter that requires compliance with section three thousand twenty-a, (ii) any employee against whom charges have been preferred prior to the effective date of such modification or replacement shall continue to be subject to the provisions of such section as in effect on the date such charges were preferred, (iii) the provisions of subdivisions one and two of this section shall not apply to agreements negotiated pursuant to this subdi- vision, and (iv) in accordance with paragraph (e) of subdivision one of section two hundred nine-a of the civil service law, such modification or replacement procedures contained in an agreement negotiated pursuant to this subdivision shall continue as terms of such agreement after its expiration until a new agreement is negotiated; provided that any alter- nate disciplinary procedures contained in a collective bargaining agree- ment that becomes effective on or after July first, two thousand ten shall provide for an expedited hearing process before a single hearing officer in accordance with subparagraph (i-a) of paragraph c of subdivi- sion three of section three thousand twenty-a of this article in cases in which charges of incompetence are brought against a building princi- pal based solely upon an allegation of a pattern of ineffective teaching or performance as defined in section three thousand twelve-c of this article and shall provide that such a pattern of ineffective teaching or performance shall constitute very significant evidence of incompetence which may form the basis for just cause removal of the building princi- pal AND PROVIDED FURTHER THAT ANY ALTERNATE DISCIPLINARY PROCEDURES CONTAINED IN A COLLECTIVE BARGAINING AGREEMENT THAT BECOMES EFFECTIVE ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN SHALL PROVIDE THAT ALL HEAR- INGS PURSUANT TO SECTIONS THREE THOUSAND TWENTY-A OR THREE THOUSAND TWENTY-B OF THIS ARTICLE SHALL BE CONDUCTED BEFORE A SINGLE HEARING OFFICER AND THAT TWO CONSECUTIVE INEFFECTIVE RATINGS PURSUANT TO ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE THOUSAND TWELVE-C OR THREE THOUSAND TWELVE-D OF THIS ARTICLE SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF INCOMPETENCE THAT CAN ONLY BE OVERCOME BY CLEAR AND CONVINCING EVIDENCE THAT THE EMPLOYEE IS NOT INCOMPETENT IN LIGHT OF ALL SURROUNDING CIRCUMSTANCES, AND IF NOT SUCCESSFULLY OVERCOME, THE FINDING, ABSENT EXTRAORDINARY CIRCUMSTANCES, SHALL BE JUST CAUSE FOR REMOVAL, AND THAT THREE CONSEC- UTIVE INEFFECTIVE RATINGS PURSUANT TO ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE THOUSAND TWELVE-C OR THREE THOUSAND TWELVE-D OF THIS ARTICLE SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF INCOMPETENCE THAT CAN ONLY BE OVER- COME BY CLEAR AND CONVINCING EVIDENCE THAT THE CALCULATION OF ONE OR MORE OF THE PRINCIPAL'S UNDERLYING COMPONENTS ON THE ANNUAL PROFESSIONAL PERFORMANCE REVIEWS PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR THREE THOUSAND TWELVE-D OF THIS ARTICLE WAS FRAUDULENT, AND IF NOT SUCCESSFUL- LY OVERCOME, THE FINDING, ABSENT EXTRAORDINARY CIRCUMSTANCES, SHALL BE JUST CAUSE FOR REMOVAL. FOR PURPOSES OF THIS SUBDIVISION, FRAUD SHALL INCLUDE MISTAKEN IDENTITY. Notwithstanding any inconsistent provision of law, the commissioner shall review any appeals authorized by such modification or replacement procedures within fifteen days from receipt by such commissioner of the record of prior proceedings in the matter subject to appeal. Such review shall have preference over all other appeals or proceedings pending before such commissioner. S. 2006--B 136 A. 3006--B a. Notwithstanding any inconsistent provision of law, the procedures set forth in section three thousand twenty-a of this article and subdi- vision seven of section twenty-five hundred ninety-j of this chapter may be modified by agreements negotiated between the city school district of the city of New York and any employee organization representing employ- ees or titles that are or were covered by any memorandum of agreement executed by such city school district and the united federation of teachers on or after June tenth, two thousand two. Where such proce- dures are so modified: (i) compliance with such modified procedures shall satisfy any provision of this chapter that requires compliance with section three thousand twenty-a of this article; (ii) any employee against whom charges have been preferred prior to the effective date of such modification shall continue to be subject to the provisions of such section as in effect on the date such charges were preferred; (iii) the provisions of subdivisions one and two of this section shall not apply to agreements negotiated pursuant to this subdivision, except that no person enjoying the benefits of tenure shall be disciplined or removed during a term of employment except for just cause; and (iv) in accord- ance with paragraph (e) of subdivision one of section two hundred nine-a of the civil service law, such modified procedures contained in an agreement negotiated pursuant to this subdivision shall continue as terms of such agreement after its expiration until a new agreement is negotiated; and provided further that any alternate disciplinary proce- dures contained in a collective bargaining agreement that becomes effec- tive on or after July first, two thousand ten shall provide for an expe- dited hearing process before a single hearing officer in accordance with subparagraph (i-a) of paragraph c of subdivision three of section three thousand twenty-a of this article in cases in which charges of incompe- tence are brought based solely upon an allegation of a pattern of inef- fective teaching or performance as defined in section three thousand twelve-c of this article and shall provide that such a pattern of inef- fective teaching or performance shall constitute very significant evidence of incompetence which may form the basis for just cause removal, AND PROVIDED FURTHER THAT ANY ALTERNATE DISCIPLINARY PROCEDURES CONTAINED IN A COLLECTIVE BARGAINING AGREEMENT THAT BECOMES EFFECTIVE ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN SHALL PROVIDE THAT ALL HEAR- INGS PURSUANT TO SECTIONS THREE THOUSAND TWENTY-A OR THREE THOUSAND TWENTY-B OF THIS ARTICLE SHALL BE CONDUCTED BEFORE A SINGLE HEARING OFFICER AND THAT TWO CONSECUTIVE INEFFECTIVE RATINGS PURSUANT TO ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE THOUSAND TWELVE-C OR THREE THOUSAND TWELVE-D OF THIS ARTICLE SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF INCOMPETENCE THAT CAN ONLY BE OVERCOME BY CLEAR AND CONVINCING EVIDENCE THAT THE EMPLOYEE IS NOT INCOMPETENT IN LIGHT OF ALL SURROUNDING CIRCUMSTANCES, AND IF NOT SUCCESSFULLY OVERCOME, THE FINDING, ABSENT EXTRAORDINARY CIRCUMSTANCES, SHALL BE JUST CAUSE FOR REMOVAL, AND THAT THREE CONSEC- UTIVE INEFFECTIVE RATINGS PURSUANT TO ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE THOUSAND TWELVE-C OR THREE THOUSAND TWELVE-D OF THIS ARTICLE SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF INCOMPETENCE THAT CAN ONLY BE OVER- COME BY CLEAR AND CONVINCING EVIDENCE THAT THE CALCULATION OF ONE OR MORE OF THE TEACHER'S UNDERLYING COMPONENTS ON THE ANNUAL PROFESSIONAL PERFORMANCE REVIEWS PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR THREE THOUSAND TWELVE-D OF THIS ARTICLE WAS FRAUDULENT, AND IF NOT SUCCESSFUL- LY OVERCOME, THE FINDING, ABSENT EXTRAORDINARY CIRCUMSTANCES, SHALL BE S. 2006--B 137 A. 3006--B JUST CAUSE FOR REMOVAL. FOR PURPOSES OF THIS PARAGRAPH, FRAUD SHALL INCLUDE MISTAKEN IDENTITY. S 3. Section 3020-a of the education law, as amended by section 1 of part B of chapter 57 of the laws of 2012, is amended to read as follows: S 3020-a. Disciplinary procedures and penalties. 1. Filing of charges. All charges against a person enjoying the benefits of tenure as provided in subdivision three of section eleven hundred two, and sections twen- ty-five hundred nine, twenty-five hundred seventy-three, twenty-five hundred ninety-j, three thousand twelve and three thousand fourteen of this chapter shall be in writing and filed with the clerk or secretary of the school district or employing board during the period between the actual opening and closing of the school year for which the employed is normally required to serve. Except as provided in subdivision eight of section twenty-five hundred seventy-three and subdivision seven of section twenty-five hundred ninety-j of this chapter, no charges under this section shall be brought more than three years after the occurrence of the alleged incompetency or misconduct, except when the charge is of misconduct constituting a crime when committed. 2. Disposition of charges. a. Upon receipt of the charges, the clerk or secretary of the school district or employing board shall immediately notify said board thereof. Within five days after receipt of charges, the employing board, in executive session, shall determine, by a vote of a majority of all the members of such board, whether probable cause exists to bring a disciplinary proceeding against an employee pursuant to this section. If such determination is affirmative, a written state- ment specifying (i) the charges in detail, (ii) the maximum penalty which will be imposed by the board if the employee does not request a hearing or that will be sought by the board if the employee is found guilty of the charges after a hearing and (iii) the employee's rights under this section, shall be immediately forwarded to the accused employee by certified or registered mail, return receipt requested or by personal delivery to the employee. b. The employee may be suspended pending a hearing on the charges and the final determination thereof. The suspension shall be with pay, except the employee may be suspended without pay if the employee has entered a guilty plea to or has been convicted of a felony crime concerning the criminal sale or possession of a controlled substance, a precursor of a controlled substance, or drug paraphernalia as defined in article two hundred twenty or two hundred twenty-one of the penal law; or a felony crime involving the physical abuse of a minor or student. C. WHERE CHARGES OF MISCONDUCT CONSTITUTING PHYSICAL OR SEXUAL ABUSE OF A STUDENT ARE BROUGHT ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN, THE BOARD OF EDUCATION MAY SUSPEND THE EMPLOYEE WITHOUT PAY PENDING AN EXPEDITED HEARING PURSUANT TO SUBPARAGRAPH (I-A) OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION. NOTWITHSTANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRARY, THE COMMISSIONER SHALL ESTABLISH A PROC- ESS IN REGULATIONS FOR A PROBABLE CAUSE HEARING BEFORE AN IMPARTIAL HEARING OFFICER WITHIN TEN DAYS TO DETERMINE WHETHER THE DECISION TO SUSPEND AN EMPLOYEE WITHOUT PAY PURSUANT TO THIS PARAGRAPH SHOULD BE CONTINUED OR REVERSED. THE PROCESS FOR SELECTION OF AN IMPARTIAL HEAR- ING OFFICER SHALL BE AS SIMILAR AS POSSIBLE TO THE REGULATORY FRAMEWORK FOR THE APPOINTMENT OF AN IMPARTIAL HEARING OFFICER FOR DUE PROCESS COMPLAINTS PURSUANT TO SECTION FORTY-FOUR HUNDRED FOUR OF THIS CHAPTER. THE HEARING OFFICER SHALL DETERMINE WHETHER PROBABLE CAUSE SUPPORTS THE CHARGES AND SHALL REVERSE THE DECISION OF THE BOARD OF EDUCATION TO SUSPEND THE EMPLOYEE WITHOUT PAY AND REINSTATE SUCH PAY UPON A FINDING S. 2006--B 138 A. 3006--B THAT PROBABLE CAUSE DOES NOT SUPPORT THE CHARGES. THE HEARING OFFICER MAY ALSO REINSTATE PAY UPON A WRITTEN DETERMINATION THAT A SUSPENSION WITHOUT PAY IS GROSSLY DISPROPORTIONATE IN LIGHT OF ALL SURROUNDING CIRCUMSTANCES. PROVIDED, FURTHER, THAT SUCH AN EMPLOYEE SHALL BE ELIGI- BLE TO RECEIVE REIMBURSEMENT FOR WITHHELD PAY AND ACCRUED INTEREST AT A RATE OF SIX PERCENT COMPOUNDED ANNUALLY IF THE HEARING OFFICER FINDS IN HIS OR HER FAVOR, EITHER AT THE PROBABLE CAUSE HEARING OR IN A FINAL DETERMINATION PURSUANT TO THE EXPEDITED HEARING HELD PURSUANT TO SUBPAR- AGRAPH (I-A) OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION. ANY SUSPENSION WITHOUT PAY SHALL LAST NO LONGER THAN ONE HUNDRED AND TWENTY DAYS FROM THE DECISION OF THE BOARD OF EDUCATION TO SUSPEND THE EMPLOYEE WITHOUT PAY AND SUCH SUSPENSION SHALL ONLY RELATE TO EMPLOYEE COMPEN- SATION, EXCLUSIVE OF OTHER BENEFITS AND GUARANTEES. NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR REGULATION TO THE CONTRARY, ANY PROVISION OF A COLLECTIVE BARGAINING AGREEMENT ENTERED INTO BY THE CITY OF NEW YORK AS OF APRIL FIRST, TWO THOUSAND FIFTEEN, THAT PROVIDES FOR SUSPENSION WITH- OUT PAY FOR OFFENSES AS SPECIFIED IN THIS PARAGRAPH SHALL SUPERSEDE THE PROVISIONS HEREOF AND SHALL CONTINUE IN EFFECT WITHOUT MODIFICATION AND MAY BE EXTENDED. D. The employee shall be terminated without a hearing, as provided for in this section, upon conviction of a sex offense, as defined in subpar- agraph two of paragraph b of subdivision seven-a of section three hundred five of this chapter. To the extent this section applies to an employee acting as a school administrator or supervisor, as defined in subparagraph three of paragraph b of subdivision seven-b of section three hundred five of this chapter, such employee shall be terminated without a hearing, as provided for in this section, upon conviction of a felony offense defined in subparagraph two of paragraph b of subdivision seven-b of section three hundred five of this chapter. [c. Within] E. (I) FOR HEARINGS COMMENCED BY THE FILING OF CHARGES PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN, WITHIN ten days of receipt of the statement of charges, the employee shall notify the clerk or secre- tary of the employing board in writing whether he or she desires a hear- ing on the charges and when the charges concern pedagogical incompetence or issues involving pedagogical judgment, his or her choice of either a single hearing officer or a three member panel, provided that a three member panel shall not be available where the charges concern pedagog- ical incompetence based solely upon a teacher's or principal's pattern of ineffective teaching or performance as defined in section three thou- sand twelve-c of this article. All other charges shall be heard by a single hearing officer. (II) ALL HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN SHALL BE HEARD BY A SINGLE HEARING OFFICER. [d.] F. The unexcused failure of the employee to notify the clerk or secretary of his or her desire for a hearing within ten days of the receipt of charges shall be deemed a waiver of the right to a hearing. Where an employee requests a hearing in the manner provided for by this section, the clerk or secretary of the board shall, within three working days of receipt of the employee's notice or request for a hearing, noti- fy the commissioner of the need for a hearing. If the employee waives his or her right to a hearing the employing board shall proceed, within fifteen days, by a vote of a majority of all members of such board, to determine the case and fix the penalty, if any, to be imposed in accord- ance with subdivision four of this section. 3. Hearings. a. Notice of hearing. Upon receipt of a request for a hearing in accordance with subdivision two of this section, the commis- S. 2006--B 139 A. 3006--B sioner shall forthwith notify the American Arbitration Association (hereinafter "association") of the need for a hearing and shall request the association to provide to the commissioner forthwith a list of names of persons chosen by the association from the association's panel of labor arbitrators to potentially serve as hearing officers together with relevant biographical information on each arbitrator. Upon receipt of said list and biographical information, the commissioner shall forthwith send a copy of both simultaneously to the employing board and the employee. The commissioner shall also simultaneously notify both the employing board and the employee of each potential hearing officer's record in the last five cases of commencing and completing hearings within the time periods prescribed in this section. b. (i) Hearing officers. All hearings pursuant to this section shall be conducted before and by a single hearing officer selected as provided for in this section. A hearing officer shall not be eligible to serve in such position if he or she is a resident of the school district, other than the city of New York, under the jurisdiction of the employing board, an employee, agent or representative of the employing board or of any labor organization representing employees of such employing board, has served as such agent or representative within two years of the date of the scheduled hearing, or if he or she is then serving as a mediator or fact finder in the same school district. (A) Notwithstanding any other provision of law, for hearings commenced by the filing of charges prior to April first, two thousand twelve, the hearing officer shall be compensated by the department with the custom- ary fee paid for service as an arbitrator under the auspices of the association for each day of actual service plus necessary travel and other reasonable expenses incurred in the performance of his or her duties. All other expenses of the disciplinary proceedings commenced by the filing of charges prior to April first, two thousand twelve shall be paid in accordance with rules promulgated by the commissioner. Claims for such compensation for days of actual service and reimbursement for necessary travel and other expenses for hearings commenced by the filing of charges prior to April first, two thousand twelve shall be paid from an appropriation for such purpose in the order in which they have been approved by the commissioner for payment, provided payment shall first be made for any other hearing costs payable by the commissioner, includ- ing the costs of transcribing the record, and provided further that no such claim shall be set aside for insufficiency of funds to make a complete payment, but shall be eligible for a partial payment in one year and shall retain its priority date status for appropriations desig- nated for such purpose in future years. (B) Notwithstanding any other provision of law, rule or regulation to the contrary, for hearings commenced by the filing of charges on or after April first, two thousand twelve, the hearing officer shall be compensated by the department for each day of actual service plus neces- sary travel and other reasonable expenses incurred in the performance of his or her duties, provided that the commissioner shall establish a schedule for maximum rates of compensation of hearing officers based on customary and reasonable fees for service as an arbitrator and provide for limitations on the number of study hours that may be claimed. (ii) The commissioner shall mail to the employing board and the employee the list of potential hearing officers and biographies provided to the commissioner by the association, the employing board and the employee, individually or through their agents or representatives, shall S. 2006--B 140 A. 3006--B by mutual agreement select a hearing officer from said list to conduct the hearing and shall notify the commissioner of their selection. (iii) Within fifteen days after receiving the list of potential hear- ing officers as described in subparagraph (ii) of this paragraph, the employing board and the employee shall each notify the commissioner of their agreed upon hearing officer selection. If the employing board and the employee fail to agree on an arbitrator to serve as a hearing offi- cer from the list of potential hearing officers, or fail to notify the commissioner of a selection within such fifteen day time period, the commissioner shall appoint a hearing officer from the list. The provisions of this subparagraph shall not apply in cities with a popu- lation of one million or more with alternative procedures specified in section three thousand twenty of this article. (iv) In those cases COMMENCED BY THE FILING OF CHARGES PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN in which the employee elects to have the charges heard by a hearing panel, the hearing panel shall consist of the hearing officer, selected in accordance with this subdivision, and two additional persons, one selected by the employee and one selected by the employing board, from a list maintained for such purpose by the commis- sioner. The list shall be composed of professional personnel with admin- istrative or supervisory responsibility, professional personnel without administrative or supervisory responsibility, chief school administra- tors, members of employing boards and others selected from lists of nominees submitted to the commissioner by statewide organizations representing teachers, school administrators and supervisors and the employing boards. Hearing panel members other than the hearing officer shall be compensated by the department at the rate of one hundred dollars for each day of actual service plus necessary travel and subsis- tence expenses. The hearing officer shall be compensated as set forth in this subdivision. The hearing officer shall be the chairperson of the hearing panel. c. Hearing procedures. (i) (A) The commissioner shall have the power to establish necessary rules and procedures for the conduct of hearings under this section. (B) The department shall be authorized to monitor and investigate a hearing officer's compliance with statutory timelines pursuant to this section. The commissioner shall annually inform all hearing officers who have heard cases pursuant to this section during the preceding year that the time periods prescribed in this section for conducting such hearings are to be strictly followed. A record of continued failure to commence and complete hearings within the time periods prescribed in this section shall be considered grounds for the commissioner to exclude such indi- vidual from the list of potential hearing officers sent to the employing board and the employee for such hearings. (C) Such rules shall not require compliance with technical rules of evidence. Hearings shall be conducted by the hearing officer selected pursuant to paragraph b of this subdivision with full and fair disclo- sure of the nature of the case and evidence against the employee by the employing board and shall be public or private at the discretion of the employee AND PROVIDED FURTHER THAT THE HEARING OFFICER, AT THE PRE-HEAR- ING CONFERENCE, SHALL SET A SCHEDULE AND MANNER FOR FULL AND FAIR DISCLOSURE OF THE WITNESSES AND EVIDENCE TO BE OFFERED BY THE EMPLOYEE. The employee shall have a reasonable opportunity to defend himself or herself and an opportunity to testify in his or her own behalf. The employee shall not be required to testify. Each party shall have the right to be represented by counsel, to subpoena witnesses, and to cross- S. 2006--B 141 A. 3006--B examine witnesses. All testimony taken shall be under oath which the hearing officer is hereby authorized to administer. A CHILD WITNESS UNDER THE AGE OF FOURTEEN MAY BE PERMITTED TO TESTIFY THROUGH THE USE OF LIVE, TWO-WAY CLOSED-CIRCUIT TELEVISION, AS SUCH TERM IS DEFINED IN SUBDIVISION FOUR OF SECTION 65.00 OF THE CRIMINAL PROCEDURE LAW, WHEN THE HEARING OFFICER, AFTER PROVIDING THE EMPLOYEE WITH AN OPPORTUNITY TO BE HEARD, DETERMINES BY CLEAR AND CONVINCING EVIDENCE THAT SUCH CHILD WITNESS WOULD SUFFER SERIOUS MENTAL OR EMOTIONAL HARM WHICH WOULD SUBSTANTIALLY IMPAIR SUCH CHILD'S ABILITY TO COMMUNICATE IF REQUIRED TO TESTIFY AT THE HEARING WITHOUT THE USE OF LIVE, TWO-WAY CLOSED-CIRCUIT TELEVISION AND THAT THE USE OF SUCH LIVE, TWO-WAY CLOSED-CIRCUIT TELE- VISION WILL DIMINISH THE LIKELIHOOD OR EXTENT OF SUCH HARM. IN MAKING SUCH DETERMINATION, THE HEARING OFFICER SHALL CONSIDER ANY APPLICABLE FACTORS CONTAINED IN SUBDIVISION TEN OF SECTION 65.20 OF THE CRIMINAL PROCEDURE LAW. WHERE THE HEARING OFFICER DETERMINES THAT SUCH CHILD WITNESS WILL BE PERMITTED TO TESTIFY THROUGH THE USE OF LIVE, TWO-WAY CLOSED-CIRCUIT TELEVISION, THE TESTIMONY OF SUCH CHILD WITNESS SHALL BE TAKEN IN A MANNER CONSISTENT WITH SECTION 65.30 OF THE CRIMINAL PROCE- DURE LAW. (D) An accurate record of the proceedings shall be kept at the expense of the department at each such hearing in accordance with the regu- lations of the commissioner. A copy of the record of the hearings shall, upon request, be furnished without charge to the employee and the board of education involved. The department shall be authorized to utilize any new technology or such other appropriate means to transcribe or record such hearings in an accurate, reliable, efficient and cost-effective manner without any charge to the employee or board of education involved. (i-a)(A) [Where charges of incompetence are brought based solely upon a pattern of ineffective teaching or performance of a classroom teacher or principal, as defined in section three thousand twelve-c of this article, the hearing shall be conducted before and by a single hearing officer in an expedited hearing, which shall commence within seven days after the pre-hearing conference and shall be completed within sixty days after the pre-hearing conference. The hearing officer shall estab- lish a hearing schedule at the pre-hearing conference to ensure that the expedited hearing is completed within the required timeframes and to ensure an equitable distribution of days between the employing board and the charged employee. Notwithstanding any other law, rule or regulation to the contrary, no adjournments may be granted that would extend the hearing beyond such sixty days, except as authorized in this subpara- graph. A hearing officer, upon request, may grant a limited and time specific adjournment that would extend the hearing beyond such sixty days if the hearing officer determines that the delay is attributable to a circumstance or occurrence substantially beyond the control of the requesting party and an injustice would result if the adjournment were not granted. (B) Such charges shall allege that the employing board has developed and substantially implemented a teacher or principal improvement plan in accordance with subdivision four of section three thousand twelve-c of this article for the employee following the first evaluation in which the employee was rated ineffective, and the immediately preceding evalu- ation if the employee was rated developing. Notwithstanding any other provision of law to the contrary, a pattern of ineffective teaching or performance as defined in section three thousand twelve-c of this arti- cle shall constitute very significant evidence of incompetence for S. 2006--B 142 A. 3006--B purposes of this section. Nothing in this subparagraph shall be construed to limit the defenses which the employee may place before the hearing officer in challenging the allegation of a pattern of ineffec- tive teaching or performance. (C) The commissioner shall annually inform all hearing officers who have heard cases pursuant to this section during the preceding year that the time periods prescribed in this subparagraph for conducting expe- dited hearings are to be strictly followed. A record of continued fail- ure to commence and complete expedited hearings within the time periods prescribed in this subparagraph shall be considered grounds for the commissioner to exclude such individual from the list of potential hear- ing officers sent to the employing board and the employee for such expe- dited hearings.] WHERE CHARGES OF MISCONDUCT CONSTITUTING PHYSICAL OR SEXUAL ABUSE OF A STUDENT ARE BROUGHT, THE HEARING SHALL BE CONDUCTED BEFORE AND BY A SINGLE HEARING OFFICER IN AN EXPEDITED HEARING, WHICH SHALL COMMENCE WITHIN SEVEN DAYS AFTER THE PRE-HEARING CONFERENCE AND SHALL BE COMPLETED WITHIN SIXTY DAYS AFTER THE PRE-HEARING CONFERENCE. THE HEARING OFFICER SHALL ESTABLISH A HEARING SCHEDULE AT THE PRE-HEAR- ING CONFERENCE TO ENSURE THAT THE EXPEDITED HEARING IS COMPLETED WITHIN THE REQUIRED TIMEFRAMES AND TO ENSURE AN EQUITABLE DISTRIBUTION OF DAYS BETWEEN THE EMPLOYING BOARD AND THE CHARGED EMPLOYEE. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, NO ADJOURNMENTS MAY BE GRANTED THAT WOULD EXTEND THE HEARING BEYOND SUCH SIXTY DAYS, EXCEPT AS AUTHORIZED IN THIS SUBPARAGRAPH. A HEARING OFFICER, UPON REQUEST, MAY GRANT A LIMITED AND TIME SPECIFIC ADJOURNMENT THAT WOULD EXTEND THE HEARING BEYOND SUCH SIXTY DAYS IF THE HEARING OFFICER DETERMINES THAT THE DELAY IS ATTRIBUTABLE TO A CIRCUMSTANCE OR OCCURRENCE SUBSTANTIALLY BEYOND THE CONTROL OF THE REQUESTING PARTY AND AN INJUSTICE WOULD RESULT IF THE ADJOURNMENT WERE NOT GRANTED. (B) THE COMMISSIONER SHALL ANNUALLY INFORM ALL HEARING OFFICERS WHO HAVE HEARD CASES PURSUANT TO THIS SECTION DURING THE PRECEDING YEAR THAT THE TIME PERIODS PRESCRIBED IN THIS SUBPARAGRAPH FOR CONDUCTING EXPE- DITED HEARINGS ARE TO BE STRICTLY FOLLOWED AND FAILURE TO DO SO SHALL BE CONSIDERED GROUNDS FOR THE COMMISSIONER TO EXCLUDE SUCH INDIVIDUAL FROM THE LIST OF POTENTIAL HEARING OFFICERS SENT TO THE EMPLOYING BOARD AND THE EMPLOYEE FOR SUCH EXPEDITED HEARINGS. (ii) The hearing officer selected to conduct a hearing under this section shall, within ten to fifteen days of agreeing to serve in such position, hold a pre-hearing conference which shall be held in the school district or county seat of the county, or any county, wherein the employing school board is located. The pre-hearing conference shall be limited in length to one day except that the hearing officer, in his or her discretion, may allow one additional day for good cause shown. (iii) At the pre-hearing conference the hearing officer shall have the power to: (A) issue subpoenas; (B) hear and decide all motions, including but not limited to motions to dismiss the charges; (C) hear and decide all applications for bills of particular or requests for production of materials or information, including, but not limited to, any witness statement (or statements), investigatory state- ment (or statements) or note (notes), exculpatory evidence or any other evidence, including district or student records, relevant and material to the employee's defense. (iv) Any pre-hearing motion or application relative to the sufficiency of the charges, application or amendment thereof, or any preliminary S. 2006--B 143 A. 3006--B matters shall be made upon written notice to the hearing officer and the adverse party no less than five days prior to the date of the pre-hear- ing conference. Any pre-hearing motions or applications not made as provided for herein shall be deemed waived except for good cause as determined by the hearing officer. (v) In the event that at the pre-hearing conference the employing board presents evidence that the professional license of the employee has been revoked and all judicial and administrative remedies have been exhausted or foreclosed, the hearing officer shall schedule the date, time and place for an expedited hearing, which hearing shall commence not more than seven days after the pre-hearing conference and which shall be limited to one day. The expedited hearing shall be held in the local school district or county seat of the county or any county, where- in the said employing board is located. The expedited hearing shall not be postponed except upon the request of a party and then only for good cause as determined by the hearing officer. At such hearing, each party shall have equal time in which to present its case. (vi) During the pre-hearing conference, the hearing officer shall determine the reasonable amount of time necessary for a final hearing on the charge or charges and shall schedule the location, time(s) and date(s) for the final hearing. The final hearing shall be held in the local school district or county seat of the county, or any county, wher- ein the said employing school board is located. In the event that the hearing officer determines that the nature of the case requires the final hearing to last more than one day, the days that are scheduled for the final hearing shall be consecutive. The day or days scheduled for the final hearing shall not be postponed except upon the request of a party and then only for good cause shown as determined by the hearing officer. In all cases, the final hearing shall be completed no later than sixty days after the pre-hearing conference unless the hearing officer determines that extraordinary circumstances warrant a limited extension. (vii) All evidence shall be submitted by all parties within one hundred twenty-five days of the filing of charges and no additional evidence shall be accepted after such time, absent extraordinary circum- stances beyond the control of the parties. d. Limitation on claims. Notwithstanding any other provision of law, rule or regulation to the contrary, no payments shall be made by the department pursuant to this subdivision on or after April first, two thousand twelve for: (i) compensation of a hearing officer or hearing panel member, (ii) reimbursement of such hearing officers or panel members for necessary travel or other expenses incurred by them, or (iii) for other hearing expenses on a claim submitted later than one year after the final disposition of the hearing by any means, including settlement, or within ninety days after the effective date of this para- graph, whichever is later; provided that no payment shall be barred or reduced where such payment is required as a result of a court order or judgment or a final audit. 4. Post hearing procedures. a. The hearing officer shall render a written decision within thirty days of the last day of the final hear- ing, or in the case of an expedited hearing within ten days of such expedited hearing, and shall forward a copy thereof to the commissioner who shall immediately forward copies of the decision to the employee and to the clerk or secretary of the employing board. The written decision shall include the hearing officer's findings of fact on each charge, his or her conclusions with regard to each charge based on said findings and S. 2006--B 144 A. 3006--B shall state what penalty or other action, if any, shall be taken by the employing board. At the request of the employee, in determining what, if any, penalty or other action shall be imposed, the hearing officer [shall] MAY consider the extent to which the employing board made efforts towards correcting the behavior of the employee which resulted in charges being brought under this section through means including but not limited to: remediation, peer intervention or an employee assist- ance plan. In those cases where a penalty is imposed, such penalty may be a written reprimand, a fine, suspension for a fixed time without pay, or dismissal. In addition to or in lieu of the aforementioned penalties, the hearing officer, where he or she deems appropriate, may impose upon the employee remedial action including but not limited to leaves of absence with or without pay, continuing education and/or study, a requirement that the employee seek counseling or medical treatment or that the employee engage in any other remedial or combination of remedi- al actions. PROVIDED, HOWEVER, THAT THE HEARING OFFICER, IN EXERCISING HIS OR HER DISCRETION, SHALL GIVE SERIOUS CONSIDERATION TO THE PENALTY RECOMMENDED BY THE EMPLOYING BOARD, AND IF THE HEARING OFFICER REJECTS THE RECOMMENDED PENALTY SUCH REJECTION MUST BE BASED ON REASONS BASED UPON THE RECORD AS EXPRESSED IN A WRITTEN DETERMINATION. b. Within fifteen days of receipt of the hearing officer's decision the employing board shall implement the decision. If the employee is acquitted he or she shall be restored to his or her position with full pay for any period of suspension without pay and the charges expunged from the employment record. If an employee who was convicted of a felony crime specified in paragraph b of subdivision two of this section, has said conviction reversed, the employee, upon application, shall be enti- tled to have his or her pay and other emoluments restored, for the peri- od from the date of his or her suspension to the date of the decision. c. The hearing officer shall indicate in the decision whether any of the charges brought by the employing board were frivolous as defined in section eighty-three hundred three-a of the civil practice law and rules. If the hearing officer finds that all of the charges brought against the employee were frivolous, the hearing officer shall order the employing board to reimburse the department the reasonable costs said department incurred as a result of the proceeding and to reimburse the employee the reasonable costs, including but not limited to reasonable attorneys' fees, the employee incurred in defending the charges. If the hearing officer finds that some but not all of the charges brought against the employee were frivolous, the hearing officer shall order the employing board to reimburse the department a portion, in the discretion of the hearing officer, of the reasonable costs said department incurred as a result of the proceeding and to reimburse the employee a portion, in the discretion of the hearing officer, of the reasonable costs, including but not limited to reasonable attorneys' fees, the employee incurred in defending the charges. 5. Appeal. a. Not later than ten days after receipt of the hearing officer's decision, the employee or the employing board may make an application to the New York state supreme court to vacate or modify the decision of the hearing officer pursuant to section seventy-five hundred eleven of the civil practice law and rules. The court's review shall be limited to the grounds set forth in such section. The hearing panel's determination shall be deemed to be final for the purpose of such proceeding. b. In no case shall the filing or the pendency of an appeal delay the implementation of the decision of the hearing officer. S. 2006--B 145 A. 3006--B S 4. The education law is amended by adding a new section 3020-b to read as follows: S 3020-B. STREAMLINED REMOVAL PROCEDURES FOR TEACHERS RATED INEFFEC- TIVE. 1. APPLICABILITY. THIS SECTION SHALL APPLY TO CLASSROOM TEACHERS AND BUILDING PRINCIPALS WHO RECEIVE TWO OR MORE CONSECUTIVE ANNUAL INEF- FECTIVE RATINGS PURSUANT TO ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE THOUSAND TWELVE-C OR THREE THOUSAND TWELVE-D OF THIS ARTICLE. 2. FILING AND DISPOSITION OF CHARGES. A. A SCHOOL DISTRICT OR EMPLOY- ING BOARD MAY BRING CHARGES OF INCOMPETENCE PURSUANT TO THIS SECTION AGAINST ANY CLASSROOM TEACHER OR BUILDING PRINCIPAL WHO RECEIVES TWO CONSECUTIVE INEFFECTIVE RATINGS. A SCHOOL DISTRICT OR EMPLOYING BOARD SHALL BRING CHARGES OF INCOMPETENCE PURSUANT TO THIS SECTION AGAINST ANY CLASSROOM TEACHER OR BUILDING PRINCIPAL WHO RECEIVES THREE CONSECUTIVE INEFFECTIVE RATINGS. ALL CHARGES AGAINST A PERSON ENJOYING THE BENEFITS OF TENURE AS PROVIDED IN SUBDIVISION THREE OF SECTION ELEVEN HUNDRED TWO, AND SECTIONS TWENTY-FIVE HUNDRED NINE, TWENTY-FIVE HUNDRED SEVEN- TY-THREE, TWENTY-FIVE HUNDRED NINETY-J, THREE THOUSAND TWELVE AND THREE THOUSAND FOURTEEN OF THIS CHAPTER SHALL BE IN WRITING AND FILED WITH THE CLERK OR SECRETARY OF THE SCHOOL DISTRICT OR EMPLOYING BOARD. EXCEPT AS PROVIDED IN SUBDIVISION EIGHT OF SECTION TWENTY-FIVE HUNDRED SEVENTY-THREE AND SUBDIVISION SEVEN OF SECTION TWENTY-FIVE HUNDRED NINE- TY-J OF THIS CHAPTER, NO CHARGES UNDER THIS SECTION SHALL BE BROUGHT MORE THAN THREE YEARS AFTER THE OCCURRENCE OF THE ALLEGED INCOMPETENCY. WHEN SUCH CHARGES ARE BROUGHT, A WRITTEN STATEMENT SPECIFYING (I) THE CHARGES IN DETAIL, (II) THAT THE PENALTY THAT WILL BE IMPOSED BY THE BOARD IF THE EMPLOYEE DOES NOT REQUEST A HEARING OR THAT WILL BE SOUGHT BY THE BOARD AFTER A HEARING IS DISMISSAL; AND (III) THE EMPLOYEE'S RIGHTS UNDER THIS SECTION, SHALL BE IMMEDIATELY FORWARDED TO THE ACCUSED EMPLOYEE BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED OR BY PERSONAL DELIVERY TO THE EMPLOYEE. B. THE EMPLOYEE MAY BE SUSPENDED PENDING A HEARING ON THE CHARGES AND THE FINAL DETERMINATION THEREOF AND SUCH SUSPENSION SHALL BE WITH PAY. C. WITHIN TEN DAYS OF RECEIPT OF THE STATEMENT OF CHARGES, THE EMPLOY- EE SHALL NOTIFY THE CLERK OR SECRETARY OF THE EMPLOYING BOARD IN WRITING WHETHER HE OR SHE DESIRES A HEARING ON THE CHARGES. THE UNEXCUSED FAIL- URE OF THE EMPLOYEE TO NOTIFY THE CLERK OR SECRETARY OF HIS OR HER DESIRE FOR A HEARING WITHIN TEN DAYS OF THE RECEIPT OF CHARGES SHALL BE DEEMED A WAIVER OF THE RIGHT TO A HEARING. WHERE AN EMPLOYEE REQUESTS A HEARING IN THE MANNER PROVIDED FOR BY THIS SECTION, THE CLERK OR SECRE- TARY OF THE BOARD SHALL, WITHIN THREE WORKING DAYS OF RECEIPT OF THE EMPLOYEE'S NOTICE OR REQUEST FOR A HEARING, NOTIFY THE COMMISSIONER OF THE NEED FOR A HEARING. IF THE EMPLOYEE WAIVES HIS OR HER RIGHT TO A HEARING THE EMPLOYING BOARD SHALL PROCEED, WITHIN FIFTEEN DAYS, BY A VOTE OF A MAJORITY OF ALL MEMBERS OF SUCH BOARD, TO DETERMINE THE CASE AND FIX THE PENALTY TO BE IMPOSED IN ACCORDANCE WITH SUBDIVISION FOUR OF THIS SECTION. D. CHARGES BROUGHT PURSUANT TO THIS SECTION FOR TWO CONSECUTIVE INEF- FECTIVE RATINGS SHALL ALLEGE THAT THE EMPLOYING BOARD HAS DEVELOPED AND SUBSTANTIALLY IMPLEMENTED A TEACHER OR PRINCIPAL IMPROVEMENT PLAN IN ACCORDANCE WITH SECTION THREE THOUSAND TWELVE-C OR SECTION THREE THOU- SAND TWELVE-D OF THIS ARTICLE FOR THE EMPLOYEE FOLLOWING THE FIRST EVAL- UATION IN WHICH THE EMPLOYEE WAS RATED INEFFECTIVE, AND THE IMMEDIATELY PRECEDING EVALUATION IF THE EMPLOYEE WAS RATED DEVELOPING. 3. HEARINGS. A. NOTICE OF HEARING. UPON RECEIPT OF A REQUEST FOR A HEARING IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION, THE COMMIS- S. 2006--B 146 A. 3006--B SIONER SHALL FORTHWITH NOTIFY THE AMERICAN ARBITRATION ASSOCIATION (HEREINAFTER "ASSOCIATION") OF THE NEED FOR A HEARING AND SHALL REQUEST THAT THE ASSOCIATION PROVIDE TO THE COMMISSIONER FORTHWITH A LIST OF NAMES OF PERSONS CHOSEN BY THE ASSOCIATION FROM THE ASSOCIATION'S PANEL OF LABOR ARBITRATORS TO POTENTIALLY SERVE AS HEARING OFFICERS TOGETHER WITH RELEVANT BIOGRAPHICAL INFORMATION ON EACH ARBITRATOR. UPON RECEIPT OF SAID LIST AND BIOGRAPHICAL INFORMATION, THE COMMISSIONER SHALL, IN THE CASE OF AN EMPLOYEE WHO HAS RECEIVED THREE CONSECUTIVE INEFFECTIVE RATINGS, DIRECTLY APPOINT A HEARING OFFICER FROM THE LIST. IN THE CASE OF AN EMPLOYEE WHO HAS RECEIVED TWO CONSECUTIVE INEFFECTIVE RATINGS, THE COMMISSIONER SHALL FORTHWITH SEND A COPY OF THE LIST AND BIOGRAPHICAL INFORMATION SIMULTANEOUSLY TO THE EMPLOYING BOARD AND THE EMPLOYEE. THE COMMISSIONER SHALL ALSO SIMULTANEOUSLY NOTIFY BOTH THE EMPLOYING BOARD AND THE EMPLOYEE OF EACH POTENTIAL HEARING OFFICER'S RECORD IN THE LAST FIVE CASES OF COMMENCING AND COMPLETING HEARINGS WITHIN THE TIME PERIODS PRESCRIBED IN THIS SECTION. THE COMMISSIONER SHALL ESTABLISH TIME PERI- ODS FOR THE EMPLOYING BOARD AND THE EMPLOYEE TO NOTIFY THE COMMISSIONER OF THEIR AGREED UPON HEARING OFFICER SELECTION. IF THE EMPLOYING BOARD AND THE EMPLOYEE FAIL TO AGREE ON AN ARBITRATOR TO SERVE AS A HEARING OFFICER FROM THE LIST OF POTENTIAL HEARING OFFICERS, OR FAIL TO NOTIFY THE COMMISSIONER OF A SELECTION WITHIN SUCH ESTABLISHED TIME PERIOD, THE COMMISSIONER SHALL APPOINT A HEARING OFFICER FROM THE LIST. B. HEARING OFFICERS. ALL HEARINGS PURSUANT TO THIS SECTION SHALL BE CONDUCTED BEFORE AND BY A SINGLE HEARING OFFICER SELECTED AS PROVIDED FOR IN THIS SECTION. A HEARING OFFICER SHALL NOT BE ELIGIBLE TO SERVE IN SUCH POSITION IF HE OR SHE IS A RESIDENT OF THE SCHOOL DISTRICT, OTHER THAN THE CITY OF NEW YORK, UNDER THE JURISDICTION OF THE EMPLOYING BOARD, AN EMPLOYEE, AGENT OR REPRESENTATIVE OF THE EMPLOYING BOARD OR OF ANY LABOR ORGANIZATION REPRESENTING EMPLOYEES OF SUCH EMPLOYING BOARD, HE OR SHE HAS SERVED AS SUCH AGENT OR REPRESENTATIVE WITHIN TWO YEARS OF THE DATE OF THE SCHEDULED HEARING, OR IF HE OR SHE IS THEN SERVING AS A MEDIATOR OR FACT FINDER IN THE SAME SCHOOL DISTRICT. SUBJECT TO AN APPROPRIATION, THE HEARING OFFICER SHALL BE COMPENSATED BY THE DEPART- MENT FOR EACH DAY OF ACTUAL SERVICE PLUS NECESSARY TRAVEL AND OTHER REASONABLE EXPENSES INCURRED IN THE PERFORMANCE OF HIS OR HER DUTIES, PROVIDED THAT THE COMMISSIONER SHALL ESTABLISH A SCHEDULE FOR MAXIMUM RATES OF COMPENSATION OF HEARING OFFICERS BASED ON CUSTOMARY AND REASON- ABLE FEES FOR SERVICE AS AN ARBITRATOR AND PROVIDE FOR LIMITATIONS ON THE NUMBER OF STUDY HOURS THAT MAY BE CLAIMED. C. HEARING PROCEDURES. (I) THE COMMISSIONER SHALL HAVE THE POWER TO ESTABLISH NECESSARY RULES AND PROCEDURES FOR THE CONDUCT OF HEARINGS UNDER THIS SECTION, AND SHALL ESTABLISH TIMELINES IN REGULATIONS TO ENSURE THAT THE DURATION OF A REMOVAL PROCEEDING PURSUANT TO THIS SECTION, AS MEASURED FROM THE DATE AN EMPLOYEE REQUESTS A HEARING TO THE FINAL HEARING DATE, IS NO LONGER THAN NINETY DAYS IN THE CASE OF AN EMPLOYEE WHO HAS RECEIVED TWO CONSECUTIVE INEFFECTIVE RATINGS AND NO LONGER THAN THIRTY DAYS IN THE CASE OF AN EMPLOYEE WHO HAS RECEIVED THREE CONSECUTIVE INEFFECTIVE RATINGS. THE COMMISSIONER SHALL ESTABLISH TIMEFRAMES IN REGULATIONS FOR A PRE-HEARING CONFERENCE WHEREIN A HEARING OFFICER SHALL HAVE THE POWER TO ISSUE SUBPOENAS, HEAR MOTIONS AND DECIDE ON OTHER DISCOVERY AND EVIDENTIARY ISSUES. AT SUCH PRE-HEARING CONFER- ENCE, THE HEARING OFFICER SHALL ESTABLISH A HEARING SCHEDULE AT THE PRE-HEARING CONFERENCE TO ENSURE THAT THE HEARING IS COMPLETED WITHIN THE REQUIRED TIME PERIOD AND TO ENSURE AN EQUITABLE DISTRIBUTION OF DAYS BETWEEN THE EMPLOYING BOARD AND THE CHARGED EMPLOYEE. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, NO ADJOURNMENTS MAY S. 2006--B 147 A. 3006--B BE GRANTED THAT WOULD EXTEND THE HEARING BEYOND SUCH TIMELINES, EXCEPT AS AUTHORIZED IN THIS SUBPARAGRAPH. A HEARING OFFICER MAY GRANT A LIMIT- ED AND TIME SPECIFIC ADJOURNMENT THAT WOULD EXTEND THE HEARING BEYOND SUCH TIMELINES IF THE HEARING OFFICER DETERMINES THAT THE DELAY IS ATTRIBUTABLE TO A CIRCUMSTANCE OR OCCURRENCE SUBSTANTIALLY BEYOND THE CONTROL OF THE REQUESTING PARTY AND AN INJUSTICE WOULD RESULT IF THE ADJOURNMENT WERE NOT GRANTED. (II) THE DEPARTMENT SHALL BE AUTHORIZED TO MONITOR AND INVESTIGATE A HEARING OFFICER'S COMPLIANCE WITH TIMELINES PURSUANT TO THIS SECTION AND TO ANY REGULATIONS PROMULGATED BY THE DEPARTMENT. THE COMMISSIONER SHALL ANNUALLY INFORM ALL HEARING OFFICERS WHO HAVE HEARD CASES PURSUANT TO THIS SECTION DURING THE PRECEDING YEAR THAT THE TIME PERIODS PRESCRIBED IN THIS SECTION FOR CONDUCTING SUCH HEARINGS ARE TO BE STRICTLY FOLLOWED. A RECORD OF CONTINUED FAILURE TO COMMENCE AND COMPLETE HEAR- INGS WITHIN THE TIME PERIODS PRESCRIBED IN THIS SECTION SHALL BE CONSID- ERED GROUNDS FOR THE COMMISSIONER TO EXCLUDE SUCH INDIVIDUAL FROM THE LIST OF POTENTIAL HEARING OFFICERS TO BE CONSIDERED FOR SUCH HEARINGS. (III) SUCH RULES SHALL NOT REQUIRE COMPLIANCE WITH TECHNICAL RULES OF EVIDENCE. HEARINGS SHALL BE CONDUCTED BY THE HEARING OFFICER SELECTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION AND SHALL BE PUBLIC OR PRIVATE AT THE DISCRETION OF THE EMPLOYEE. THE EMPLOYEE SHALL HAVE A REASONABLE OPPORTUNITY TO DEFEND HIMSELF OR HERSELF AND AN OPPORTUNITY TO TESTIFY ON HIS OR HER OWN BEHALF. THE EMPLOYEE SHALL NOT BE REQUIRED TO TESTIFY. EACH PARTY SHALL HAVE THE RIGHT TO BE REPRESENTED BY COUN- SEL, TO SUBPOENA WITNESSES, AND TO CROSS-EXAMINE WITNESSES. ALL TESTIMO- NY TAKEN SHALL BE UNDER OATH WHICH THE HEARING OFFICER IS HEREBY AUTHOR- IZED TO ADMINISTER. (IV) AN ACCURATE RECORD OF THE PROCEEDINGS SHALL BE KEPT AT THE EXPENSE OF THE DEPARTMENT AT EACH SUCH HEARING IN ACCORDANCE WITH THE REGULATIONS OF THE COMMISSIONER. A COPY OF THE RECORD OF THE HEARINGS SHALL, UPON REQUEST, BE FURNISHED WITHOUT CHARGE TO THE EMPLOYEE AND THE BOARD OF EDUCATION INVOLVED. THE DEPARTMENT SHALL BE AUTHORIZED TO UTILIZE ANY NEW TECHNOLOGY OR SUCH OTHER APPROPRIATE MEANS TO TRANSCRIBE OR RECORD SUCH HEARINGS IN AN ACCURATE, RELIABLE, EFFICIENT AND COST-EF- FECTIVE MANNER WITHOUT ANY CHARGE TO THE EMPLOYEE OR BOARD OF EDUCATION INVOLVED. (V) LEGAL STANDARD. (A) TWO CONSECUTIVE INEFFECTIVE RATINGS PURSUANT TO ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE THOUSAND TWELVE-C OR THREE THOUSAND TWELVE-D OF THIS ARTICLE SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF INCOM- PETENCE THAT CAN BE OVERCOME ONLY BY CLEAR AND CONVINCING EVIDENCE THAT THE EMPLOYEE IS NOT INCOMPETENT IN LIGHT OF ALL SURROUNDING CIRCUM- STANCES, AND IF NOT SUCCESSFULLY OVERCOME, THE FINDING, ABSENT EXTRAOR- DINARY CIRCUMSTANCES, SHALL BE JUST CAUSE FOR REMOVAL. (B) THREE CONSEC- UTIVE INEFFECTIVE RATINGS PURSUANT TO ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE THOUSAND TWELVE-C OR THREE THOUSAND TWELVE-D OF THIS ARTICLE SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF INCOMPETENCE THAT CAN BE OVERCOME ONLY BY CLEAR AND CONVINCING EVIDENCE THAT THE CALCULATION OF ONE OR MORE OF THE TEACHER'S OR PRINCIPAL'S UNDERLYING COMPONENTS ON THE ANNUAL PROFESSIONAL PERFORMANCE REVIEWS PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR THREE THOUSAND TWELVE-D OF THIS ARTICLE WAS FRAUDULENT, AND IF NOT SUCCESSFULLY OVERCOME, THE FINDING, ABSENT EXTRAORDINARY CIRCUM- STANCES, SHALL BE JUST CAUSE FOR REMOVAL. FOR PURPOSES OF THIS SUBPARA- GRAPH, FRAUD SHALL INCLUDE MISTAKEN IDENTITY. S. 2006--B 148 A. 3006--B 4. POST HEARING PROCEDURES. A. THE HEARING OFFICER SHALL RENDER A WRITTEN DECISION WITHIN TEN DAYS OF THE LAST DAY OF THE FINAL HEARING, AND SHALL FORWARD A COPY THEREOF TO THE COMMISSIONER WHO SHALL IMME- DIATELY FORWARD COPIES OF THE DECISION TO THE EMPLOYEE AND TO THE CLERK OR SECRETARY OF THE EMPLOYING BOARD. THE WRITTEN DECISION SHALL INCLUDE THE HEARING OFFICER'S FINDINGS OF FACT ON EACH CHARGE, HIS OR HER CONCLUSIONS WITH REGARD TO EACH CHARGE BASED ON SAID FINDINGS AND SHALL STATE WHETHER THE PENALTY OF DISMISSAL SHALL BE TAKEN BY THE EMPLOYING BOARD. B. WITHIN FIFTEEN DAYS OF RECEIPT OF THE HEARING OFFICER'S DECISION THE EMPLOYING BOARD SHALL IMPLEMENT THE DECISION. IF THE EMPLOYEE IS ACQUITTED HE OR SHE SHALL BE RESTORED TO HIS OR HER POSITION AND THE CHARGES EXPUNGED FROM THE EMPLOYMENT RECORD. 5. APPEAL. A. NOT LATER THAN TEN DAYS AFTER RECEIPT OF THE HEARING OFFICER'S DECISION, THE EMPLOYEE OR THE EMPLOYING BOARD MAY MAKE AN APPLICATION TO THE NEW YORK STATE SUPREME COURT TO VACATE OR MODIFY THE DECISION OF THE HEARING OFFICER PURSUANT TO SECTION SEVENTY-FIVE HUNDRED ELEVEN OF THE CIVIL PRACTICE LAW AND RULES. THE COURT'S REVIEW SHALL BE LIMITED TO THE GROUNDS SET FORTH IN SUCH SECTION. THE HEARING PANEL'S DETERMINATION SHALL BE DEEMED TO BE FINAL FOR THE PURPOSE OF SUCH PROCEEDING. B. IN NO CASE SHALL THE FILING OR THE PENDENCY OF AN APPEAL DELAY THE IMPLEMENTATION OF THE DECISION OF THE HEARING OFFICER. 6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE USE OF ANY EVIDENCE OF PERFORMANCE TO SUPPORT CHARGES OF INCOMPETENCE BROUGHT PURSUANT TO THE PROVISIONS OF SECTION THREE THOUSAND TWENTY-A OF THIS ARTICLE. S 5. This act shall take effect July 1, 2015 and shall apply to hear- ings commenced by the filing or service of charges on or after July 1, 2015, provided that effective immediately, the commissioner of education shall be authorized to promulgate any regulations needed to implement the provisions of this act on such effective date. SUBPART H Section 1. The education law is amended by adding a new section 211-f to read as follows: S 211-F. TAKEOVER AND RESTRUCTURING FAILING SCHOOLS. 1. ELIGIBILITY FOR APPOINTMENT OF AN EXTERNAL RECEIVER. (A) FAILING SCHOOLS. THE COMMISSIONER SHALL DESIGNATE AS FAILING EACH OF THE SCHOOLS THAT HAS BEEN IDENTIFIED UNDER THE STATE'S ACCOUNTABILITY SYSTEM TO BE AMONG THE LOWEST ACHIEVING FIVE PERCENT OF PUBLIC SCHOOLS IN THE STATE (PRIORITY SCHOOLS) FOR AT LEAST THREE CONSECUTIVE SCHOOL YEARS, OR IDENTIFIED AS A "PRIORITY SCHOOL" IN EACH APPLICABLE YEAR OF SUCH PERIOD EXCEPT ONE SCHOOL YEAR IN WHICH THE SCHOOL WAS NOT IDENTIFIED BECAUSE OF AN APPROVED CLOSURE PLAN THAT WAS NOT IMPLEMENTED, BASED UPON MEASURES OF STUDENT ACHIEVEMENT AND OUTCOMES AND A METHODOLOGY PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER, PROVIDED THAT THIS LIST SHALL NOT INCLUDE SCHOOLS WITHIN A SPECIAL ACT SCHOOL DISTRICT AS DEFINED IN SUBDIVISION EIGHT OF SECTION FOUR THOUSAND ONE OF THIS CHAPTER OR SCHOOLS CHARTERED PURSUANT TO ARTICLE FIFTY-SIX OF THIS CHAPTER. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, AND PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER, A SCHOOL DESIGNATED AS FAILING UNDER THIS PARAGRAPH SHALL BE ELIGIBLE FOR RECEIVERSHIP UNDER THIS SECTION UPON A DETERMINATION BY THE COMMISSIONER. S. 2006--B 149 A. 3006--B (B) PERSISTENTLY FAILING SCHOOLS. BASED UPON MEASURES OF STUDENT ACHIEVEMENT AND OUTCOMES AND A METHODOLOGY PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER, THE COMMISSIONER SHALL DESIGNATE AS PERSISTENTLY FAILING EACH OF THE SCHOOLS THAT HAVE BEEN IDENTIFIED UNDER THE STATE'S ACCOUNTABILITY SYSTEM TO BE AMONG THE LOWEST ACHIEVING PUBLIC SCHOOLS IN THE STATE FOR TEN CONSECUTIVE SCHOOL YEARS, BASED UPON IDENTIFICATION OF THE SCHOOL BY THE COMMISSIONER AS: A "PRIORITY SCHOOL" FOR EACH APPLICA- BLE YEAR FROM THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR TO THE CURRENT SCHOOL YEAR, OR IDENTIFIED AS A "PRIORITY SCHOOL" IN EACH APPLICABLE YEAR OF SUCH PERIOD EXCEPT ONE YEAR IN WHICH THE SCHOOL WAS NOT IDENTIFIED BECAUSE OF AN APPROVED CLOSURE PLAN THAT WAS NOT IMPLE- MENTED; AND AS A "SCHOOL REQUIRING ACADEMIC PROGRESS YEAR 5", "SCHOOL REQUIRING ACADEMIC PROGRESS YEAR 6", "SCHOOL REQUIRING ACADEMIC PROGRESS YEAR 7" AND/OR A "SCHOOL IN RESTRUCTURING," FOR EACH APPLICABLE YEAR FROM THE TWO THOUSAND SIX--TWO THOUSAND SEVEN SCHOOL YEAR TO THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR. THIS DESIGNATION SHALL NOT INCLUDE SCHOOLS WITHIN A SPECIAL ACT SCHOOL DISTRICT AS DEFINED IN SUBDIVISION EIGHT OF SECTION FOUR THOUSAND ONE OF THIS CHAPTER OR SCHOOLS CHARTERED PURSUANT TO ARTICLE FIFTY-SIX OF THIS CHAPTER. (C) SPECIFIC PROVISIONS. (I) FOR SCHOOLS DESIGNATED AS PERSISTENTLY FAILING PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, THE LOCAL DISTRICT SHALL CONTINUE TO OPERATE THE SCHOOL FOR AN ADDITIONAL SCHOOL YEAR PROVIDED THAT THERE IS A DEPARTMENT-APPROVED 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 INCLUDING THOSE SET FORTH IN SUBDIVI- SION 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, THE DEPARTMENT SHALL CONDUCT A PERFORMANCE REVIEW IN CONSULTATION AND COOP- ERATION 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 SUPER- INTENDENT 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 CONSULTA- TION AND COOPERATION WITH THE DISTRICT, UNDER THE SAME TERMS AND CONDI- TIONS. (II) FOR SCHOOLS DESIGNATED AS FAILING, BUT NOT PERSISTENTLY FAILING, THE LOCAL DISTRICT SHALL CONTINUE TO OPERATE THE SCHOOL FOR TWO ADDI- TIONAL SCHOOL YEARS PROVIDED THAT THERE IS A DEPARTMENT-APPROVED INTER- VENTION 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 INCLUDING 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; PROVIDED, HOWEVER THAT SUCH SUPERINTENDENT SHALL NOT BE ALLOWED TO OVERRIDE ANY DECISION OF THE BOARD OF EDUCATION WITH RESPECT S. 2006--B 150 A. 3006--B TO HIS OR HER EMPLOYMENT STATUS. AT THE END OF SUCH TWO YEARS, THE DEPARTMENT SHALL CONDUCT A SCHOOL 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 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 SUCH ANNUAL REVIEW BY THE DEPARTMENT UNDER THE SAME TERMS AND CONDITIONS. FOR SCHOOLS NEWLY DESIGNATED AS FAILING AFTER THE TWO THOU- SAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, THE SCHOOL SHALL BE IMMEDIATELY ELIGIBLE FOR RECEIVERSHIP UPON SUCH DESIGNATION. (III) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT (1) A SCHOOL DISTRICT'S ABILITY TO MODIFY, SUBJECT TO APPROVAL BY THE DEPART- MENT, SUCH DEPARTMENT APPROVED INTERVENTION MODEL OR COMPREHENSIVE EDUCATION PLAN, OR (2) THE COMMISSIONER'S ABILITY TO REQUIRE A SCHOOL DISTRICT TO MODIFY SUCH DEPARTMENT APPROVED INTERVENTION MODEL OR COMPREHENSIVE EDUCATION PLAN AND REQUIRE HIS OR HER APPROVAL OF SUCH MODIFICATIONS. (IV) THE DISTRICT SHALL PROVIDE NOTICE TO PARENTS AND GUARDIANS OF THE STUDENTS OF THE SCHOOL WHICH MAY BE PLACED INTO RECEIVERSHIP PURSUANT TO THIS SUBDIVISION AND PROVIDED FURTHER THAT THE DISTRICT OR THE COMMIS- SIONER SHALL HOLD A PUBLIC MEETING OR HEARING FOR PURPOSES OF DISCUSSING THE PERFORMANCE OF THE SCHOOL AND THE CONSTRUCT OF RECEIVERSHIP. 1-A. COMMUNITY ENGAGEMENT TEAM. UPON DESIGNATION AS FAILING OR PERSIS- TENTLY FAILING PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE DISTRICT SHALL ESTABLISH A COMMUNITY ENGAGEMENT TEAM WHICH SHALL INCLUDE COMMUNI- TY STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO THE SCHOOL PRINCIPAL, PARENTS AND GUARDIANS, TEACHERS AND OTHER SCHOOL STAFF AND STUDENTS. MEMBERSHIP OF SUCH TEAM MAY BE MODIFIED AT ANY TIME. SUCH TEAM SHALL DEVELOP RECOMMENDATIONS FOR IMPROVEMENT OF THE SCHOOL AND SHALL SOLICIT INPUT THROUGH PUBLIC ENGAGEMENT. THE TEAM SHALL PRESENT ITS RECOMMENDA- TIONS PERIODICALLY TO THE SCHOOL LEADERSHIP AND, AS APPLICABLE, THE RECEIVER. 2. APPOINTMENT OF A RECEIVER. (A) UPON A DETERMINATION BY THE COMMIS- SIONER THAT A SCHOOL SHALL BE PLACED INTO RECEIVERSHIP, THE APPLICABLE SCHOOL DISTRICT SHALL APPOINT AN INDEPENDENT RECEIVER, SUBJECT TO THE APPROVAL OF THE COMMISSIONER, TO MANAGE AND OPERATE ALL ASPECTS OF THE SCHOOL AND TO DEVELOP AND IMPLEMENT A SCHOOL INTERVENTION PLAN FOR THE SCHOOL THAT SHALL CONSIDER THE RECOMMENDATIONS DEVELOPED BY THE COMMUNI- TY ENGAGEMENT TEAM WHEN CREATING SUCH PLAN. THE INDEPENDENT RECEIVER MAY BE A NON-PROFIT ENTITY, ANOTHER SCHOOL DISTRICT, OR AN INDIVIDUAL. IF THE SCHOOL DISTRICT FAILS TO APPOINT AN INDEPENDENT RECEIVER THAT MEETS WITH THE COMMISSIONER'S APPROVAL WITHIN SIXTY DAYS OF SUCH DETERMI- NATION, THE COMMISSIONER SHALL APPOINT THE RECEIVER. (B) THE RECEIVER SHALL BE AUTHORIZED TO MANAGE AND OPERATE THE FAILING OR PERSISTENTLY FAILING SCHOOL AND SHALL HAVE THE POWER TO SUPERSEDE ANY DECISION, POLICY OR REGULATION OF THE SUPERINTENDENT OF SCHOOLS OR CHIEF SCHOOL OFFICER, OR OF THE BOARD OF EDUCATION OR ANOTHER SCHOOL OFFICER OR THE BUILDING PRINCIPAL THAT IN THE SOLE JUDGMENT OF THE RECEIVER CONFLICTS WITH THE SCHOOL INTERVENTION PLAN; PROVIDED HOWEVER THAT THE RECEIVER MAY NOT SUPERSEDE DECISIONS THAT ARE NOT DIRECTLY LINKED TO THE SCHOOL INTERVENTION PLAN, INCLUDING BUT NOT LIMITED TO BUILDING USAGE S. 2006--B 151 A. 3006--B PLANS, CO-LOCATION DECISIONS AND TRANSPORTATION OF STUDENTS. THE RECEIV- ER SHALL HAVE AUTHORITY TO REVIEW PROPOSED SCHOOL DISTRICT BUDGETS PRIOR TO PRESENTATION TO THE DISTRICT VOTERS, OR IN THE CASE OF A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOU- SAND OR MORE, OF THE ADOPTION OF A CONTINGENCY BUDGET, PRIOR TO APPROVAL BY THE BOARD OF EDUCATION, AND TO MODIFY THE PROPOSED BUDGET TO CONFORM TO THE SCHOOL INTERVENTION PLAN PROVIDED THAT SUCH MODIFICATIONS SHALL BE LIMITED IN SCOPE AND EFFECT TO THE FAILING OR PERSISTENTLY FAILING SCHOOL AND MAY NOT UNDULY IMPACT OTHER SCHOOLS IN THE DISTRICT. A SCHOOL UNDER RECEIVERSHIP SHALL OPERATE IN ACCORDANCE WITH LAWS REGULATING OTHER PUBLIC SCHOOLS, EXCEPT AS SUCH PROVISIONS MAY CONFLICT WITH THIS SECTION. (C) THE COMMISSIONER SHALL CONTRACT WITH THE RECEIVER, AND THE COMPEN- SATION AND OTHER COSTS OF THE RECEIVER APPOINTED BY THE COMMISSIONER SHALL BE PAID FROM A STATE APPROPRIATION FOR SUCH PURPOSE, OR BY THE SCHOOL DISTRICT, AS DETERMINED BY THE COMMISSIONER, PROVIDED THAT COSTS SHALL BE PAID BY THE SCHOOL DISTRICT ONLY IF THERE IS AN OPEN ADMINIS- TRATIVE STAFFING LINE AVAILABLE FOR THE RECEIVER, AND THE RECEIVER WILL BE TAKING ON THE RESPONSIBILITIES OF SUCH OPEN LINE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE RECEIVER AND ANY OF ITS EMPLOYEES PROVIDING SERVICES IN THE RECEIVERSHIP SHALL BE ENTITLED TO DEFENSE AND INDEMNIFICATION BY THE SCHOOL DISTRICT TO THE SAME EXTENT AS A SCHOOL DISTRICT EMPLOYEE. THE RECEIVER'S CONTRACT MAY BE TERMINATED BY THE COMMISSIONER FOR A VIOLATION OF LAW OR THE COMMISSIONER'S REGU- LATIONS OR FOR NEGLECT OF DUTY. A RECEIVER APPOINTED TO OPERATE A DISTRICT UNDER THIS SECTION SHALL HAVE FULL MANAGERIAL AND OPERATIONAL CONTROL OVER SUCH SCHOOL; PROVIDED, HOWEVER, THAT THE BOARD OF EDUCATION SHALL REMAIN THE EMPLOYER OF RECORD, AND PROVIDED FURTHER THAT ANY EMPLOYMENT DECISIONS OF THE BOARD OF EDUCATION MAY BE SUPERSEDED BY THE RECEIVER. IT SHALL BE THE DUTY OF THE BOARD OF EDUCATION AND THE SUPER- INTENDENT OF SCHOOLS TO FULLY COOPERATE WITH THE RECEIVER AND WILLFUL FAILURE TO COOPERATE OR INTERFERENCE WITH THE FUNCTIONS OF THE RECEIVER SHALL CONSTITUTE WILLFUL NEGLECT OF DUTY FOR PURPOSES OF SECTION THREE HUNDRED SIX OF THIS TITLE. THE RECEIVER OR THE RECEIVER'S DESIGNEE SHALL BE AN EX OFFICIO NON-VOTING MEMBER OF THE BOARD OF EDUCATION ENTITLED TO ATTEND ALL MEETINGS OF THE BOARD OF EDUCATION. 3. BEFORE DEVELOPING THE SCHOOL INTERVENTION PLAN, THE RECEIVER SHALL CONSULT WITH LOCAL STAKEHOLDERS SUCH AS: (A) THE BOARD OF EDUCATION; (B) THE SUPERINTENDENT OF SCHOOLS; (C) THE BUILDING PRINCIPAL; (D) TEACHERS ASSIGNED TO THE SCHOOL AND THEIR COLLECTIVE BARGAINING REPRESENTATIVE; (E) SCHOOL ADMINISTRATORS ASSIGNED TO THE SCHOOL AND THEIR COLLECTIVE BARGAINING REPRESENTATIVE; (F) PARENTS AND GUARDIANS OF STUDENTS ATTEND- ING THE SCHOOL OR THEIR REPRESENTATIVES; (G) REPRESENTATIVES OF APPLICA- BLE STATE AND LOCAL SOCIAL SERVICE, HEALTH AND MENTAL HEALTH AGENCIES; (H) AS APPROPRIATE, REPRESENTATIVES OF LOCAL CAREER EDUCATION PROVIDERS, STATE AND LOCAL WORKFORCE DEVELOPMENT AGENCIES AND THE LOCAL BUSINESS COMMUNITY; (I) FOR ELEMENTARY SCHOOLS, REPRESENTATIVES OF LOCAL PREKIN- DERGARTEN PROGRAMS; (J) STUDENTS ATTENDING THE SCHOOL AS APPROPRIATE; (K) AS NEEDED FOR MIDDLE SCHOOLS, JUNIOR HIGH SCHOOLS, CENTRAL SCHOOLS OR HIGH SCHOOLS, REPRESENTATIVES OF LOCAL HIGHER EDUCATION INSTITUTIONS; AND (L) THE SCHOOL STAKEHOLDER TEAM SET FORTH IN SUBDIVISION ONE-A OF THIS SECTION. 4. IN CREATING THE SCHOOL INTERVENTION PLAN, THE RECEIVER SHALL (I) CONSIDER THE RECOMMENDATIONS DEVELOPED BY THE COMMUNITY ENGAGEMENT TEAM SET FORTH IN SUBDIVISION ONE-A OF THIS SECTION; (II) INCLUDE PROVISIONS INTENDED TO MAXIMIZE THE RAPID ACADEMIC ACHIEVEMENT OF STUDENTS AT THE S. 2006--B 152 A. 3006--B SCHOOL; AND (III) ENSURE THAT THE PLAN ADDRESSES SCHOOL LEADERSHIP AND CAPACITY, SCHOOL LEADER PRACTICES AND DECISIONS, CURRICULUM DEVELOPMENT AND SUPPORT, TEACHER PRACTICES AND DECISIONS, STUDENT SOCIAL AND EMOTIONAL DEVELOPMENTAL HEALTH, AND FAMILY AND COMMUNITY ENGAGEMENT. THE RECEIVER SHALL, TO THE EXTENT PRACTICABLE, BASE THE PLAN ON THE FINDINGS OF ANY RECENT DIAGNOSTIC REVIEW OR ASSESSMENT OF THE SCHOOL THAT HAS BEEN CONDUCTED AND, AS APPLIED TO THE SCHOOL, STUDENT OUTCOME DATA INCLUDING, BUT NOT LIMITED TO: (A) STUDENT ACHIEVEMENT GROWTH DATA BASED ON STATE MEASURES; (B) OTHER MEASURES OF STUDENT ACHIEVEMENT; (C) STUDENT PROMOTION AND GRADUATION RATES; (D) ACHIEVEMENT AND GROWTH DATA FOR THE SUBGROUPS OF STUDENTS USED IN THE STATE'S ACCOUNTABILITY SYSTEM; (E) STUDENT ATTENDANCE; AND (F) LONG-TERM AND SHORT-TERM SUSPENSION RATES. 5. (A) THE RECEIVER SHALL INCLUDE THE FOLLOWING IN THE SCHOOL INTER- VENTION PLAN: (I) MEASURES TO ADDRESS SOCIAL SERVICE, HEALTH AND MENTAL HEALTH NEEDS OF STUDENTS IN THE SCHOOL AND THEIR FAMILIES IN ORDER TO HELP STUDENTS ARRIVE AND REMAIN AT SCHOOL READY TO LEARN; PROVIDED THAT THIS MAY INCLUDE MENTAL HEALTH AND SUBSTANCE ABUSE SCREENING; (II) MEAS- URES TO IMPROVE OR EXPAND ACCESS TO CHILD WELFARE SERVICES AND, AS APPROPRIATE, SERVICES IN THE SCHOOL COMMUNITY TO PROMOTE A SAFE AND SECURE LEARNING ENVIRONMENT; (III) AS APPLICABLE, MEASURES TO PROVIDE GREATER ACCESS TO CAREER AND TECHNICAL EDUCATION AND WORKFORCE DEVELOP- MENT SERVICES PROVIDED TO STUDENTS IN THE SCHOOL AND THEIR FAMILIES IN ORDER TO PROVIDE STUDENTS AND FAMILIES WITH MEANINGFUL EMPLOYMENT SKILLS AND OPPORTUNITIES; (IV) MEASURES TO ADDRESS ACHIEVEMENT GAPS FOR ENGLISH LANGUAGE LEARNERS, STUDENTS WITH DISABILITIES AND ECONOMICALLY DISADVAN- TAGED STUDENTS, AS APPLICABLE; (V) MEASURES TO ADDRESS SCHOOL CLIMATE AND POSITIVE BEHAVIOR SUPPORT, INCLUDING MENTORING AND OTHER YOUTH DEVELOPMENT PROGRAMS; AND (VI) A BUDGET FOR THE SCHOOL INTERVENTION PLAN. (B) AS NECESSARY, THE COMMISSIONER AND THE COMMISSIONERS OF THE DEPARTMENT OF HEALTH, THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE DEPARTMENT OF LABOR AND OTHER APPLICABLE STATE AND LOCAL SOCIAL SERVICE, HEALTH, MENTAL HEALTH AND CHILD WELFARE OFFICIALS SHALL COORDINATE REGARDING THE IMPLEMENTATION OF THE MEASURES DESCRIBED IN SUBPARAGRAPHS (I) THROUGH (III) OF PARAGRAPH (A) OF THIS SUBDIVISION THAT ARE INCLUDED IN THE SCHOOL INTERVENTION PLAN AND SHALL, SUBJECT TO APPROPRIATION, REASONABLY SUPPORT SUCH IMPLEMENTATION CONSISTENT WITH THE REQUIREMENTS OF STATE AND FEDERAL LAW APPLICABLE TO THE RELEVANT PROGRAMS THAT EACH SUCH OFFICIAL IS RESPONSIBLE FOR ADMINISTERING, AND GRANT FAILING SCHOOLS PRIORITY IN COMPETITIVE GRANTS, AS ALLOWABLE BEFORE AND DURING THE PERIOD OF RECEIVERSHIP. 6. IN ORDER TO ASSESS THE SCHOOL ACROSS MULTIPLE MEASURES OF SCHOOL PERFORMANCE AND STUDENT SUCCESS, THE SCHOOL INTERVENTION PLAN SHALL INCLUDE MEASURABLE ANNUAL GOALS INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: (A) STUDENT ATTENDANCE; (B) STUDENT DISCIPLINE INCLUDING BUT NOT LIMITED TO SHORT-TERM AND LONG-TERM SUSPENSION RATES; (C) STUDENT SAFETY; (D) STUDENT PROMOTION AND GRADUATION AND DROP-OUT RATES; (E) STUDENT ACHIEVEMENT AND GROWTH ON STATE MEASURES; (F) PROGRESS IN AREAS OF ACADEMIC UNDERPERFORMANCE; (G) PROGRESS AMONG THE SUBGROUPS OF STUDENTS USED IN THE STATE'S ACCOUNTABILITY SYSTEM; (H) REDUCTION OF ACHIEVEMENT GAPS AMONG SPECIFIC GROUPS OF STUDENTS; (I) DEVELOPMENT OF COLLEGE AND CAREER READINESS, INCLUDING AT THE ELEMENTARY AND MIDDLE SCHOOL LEVELS; (J) PARENT AND FAMILY ENGAGEMENT; (K) BUILDING A CULTURE OF ACADEMIC SUCCESS AMONG STUDENTS; (L) BUILDING A CULTURE OF STUDENT SUPPORT AND SUCCESS AMONG FACULTY AND STAFF; (M) USING DEVELOPMENTALLY S. 2006--B 153 A. 3006--B APPROPRIATE CHILD ASSESSMENTS FROM PRE-KINDERGARTEN THROUGH THIRD GRADE, IF APPLICABLE, THAT ARE TAILORED TO THE NEEDS OF THE SCHOOL; AND (N) MEASURES OF STUDENT LEARNING. 7. (A) NOTWITHSTANDING ANY GENERAL OR SPECIAL LAW TO THE CONTRARY, IN CREATING AND IMPLEMENTING THE SCHOOL INTERVENTION PLAN, THE RECEIVER SHALL, AFTER CONSULTING WITH STAKEHOLDERS AND THE COMMUNITY ENGAGEMENT TEAM, CONVERT SCHOOLS TO COMMUNITY SCHOOLS TO PROVIDE EXPANDED HEALTH, MENTAL HEALTH AND OTHER SERVICES TO THE STUDENTS AND THEIR FAMILIES. IN ADDITION, THE RECEIVER MAY: (I) REVIEW AND IF NECESSARY EXPAND, ALTER OR REPLACE THE CURRICULUM AND PROGRAM OFFERINGS OF THE SCHOOL, INCLUDING THE IMPLEMENTATION OF RESEARCH-BASED EARLY LITERACY PROGRAMS, EARLY INTERVENTIONS FOR STRUGGLING READERS AND THE TEACHING OF ADVANCED PLACE- MENT COURSES OR OTHER RIGOROUS NATIONALLY OR INTERNATIONALLY RECOGNIZED COURSES, IF THE SCHOOL DOES NOT ALREADY HAVE SUCH PROGRAMS OR COURSES; (II) REPLACE TEACHERS AND ADMINISTRATORS, INCLUDING SCHOOL LEADERSHIP WHO ARE NOT APPROPRIATELY CERTIFIED OR LICENSED; (III) INCREASE SALARIES OF CURRENT OR PROSPECTIVE TEACHERS AND ADMINISTRATORS TO ATTRACT AND RETAIN HIGH-PERFORMING TEACHERS AND ADMINISTRATORS; (IV) ESTABLISH STEPS TO IMPROVE HIRING, INDUCTION, TEACHER EVALUATION, PROFESSIONAL DEVELOP- MENT, TEACHER ADVANCEMENT, SCHOOL CULTURE AND ORGANIZATIONAL STRUCTURE; (V) REALLOCATE THE USES OF THE EXISTING BUDGET OF THE SCHOOL; (VI) EXPAND THE SCHOOL DAY OR SCHOOL YEAR OR BOTH OF THE SCHOOL; (VII) FOR A SCHOOL THAT OFFERS THE FIRST GRADE, ADD PRE-KINDERGARTEN AND FULL-DAY KINDERGARTEN CLASSES, IF THE SCHOOL DOES NOT ALREADY HAVE SUCH CLASSES; (VIII) IN ACCORDANCE WITH PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION, TO ABOLISH THE POSITIONS OF ALL MEMBERS OF THE TEACHING AND ADMINISTRATIVE AND SUPERVISORY STAFF ASSIGNED TO THE FAILING OR PERSISTENTLY FAILING SCHOOL AND TERMINATE THE EMPLOYMENT OF ANY BUILDING PRINCIPAL ASSIGNED TO SUCH A SCHOOL, AND REQUIRE SUCH STAFF MEMBERS TO REAPPLY FOR THEIR POSITIONS IN THE SCHOOL IF THEY SO CHOOSE; (IX) INCLUDE A PROVISION OF A JOB-EMBEDDED PROFESSIONAL DEVELOPMENT FOR TEACHERS AT THE SCHOOL, WITH AN EMPHASIS ON STRATEGIES THAT INVOLVE TEACHER INPUT AND FEEDBACK; (X) ESTABLISH A PLAN FOR PROFESSIONAL DEVELOPMENT FOR ADMINISTRATORS AT THE SCHOOL, WITH AN EMPHASIS ON STRATEGIES THAT DEVELOP LEADERSHIP SKILLS AND USE THE PRINCIPLES OF DISTRIBUTIVE LEADERSHIP; AND/OR (XI) ORDER THE CONVERSION OF A SCHOOL IN RECEIVERSHIP THAT HAS BEEN DESIGNATED AS FAIL- ING OR PERSISTENTLY FAILING PURSUANT TO THIS SECTION INTO A CHARTER SCHOOL, PROVIDED THAT SUCH CONVERSION SHALL BE SUBJECT TO ARTICLE FIFTY-SIX OF THIS CHAPTER AND PROVIDED FURTHER THAT SUCH CHARTER CONVER- SION SCHOOL SHALL OPERATE PURSUANT TO SUCH ARTICLE AND PROVIDED FURTHER THAT SUCH CHARTER CONVERSION SCHOOL SHALL OPERATE CONSISTENT WITH A COMMUNITY SCHOOLS MODEL AND PROVIDED FURTHER THAT SUCH CONVERSION CHAR- TER SCHOOL SHALL BE SUBJECT TO THE PROVISIONS IN SUBDIVISIONS THREE, FOUR, FIVE, SIX, NINE, TEN, ELEVEN, TWELVE AND THIRTEEN OF THIS SECTION. (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, UPON DESIGNATION OF ANY SCHOOL OF THE SCHOOL DISTRICT AS A FAILING OR PERSISTENTLY FAILING SCHOOL PURSUANT TO THIS SECTION, THE ABOLITION OF POSITIONS OF MEMBERS OF THE TEACHING AND ADMINISTRATIVE AND SUPERVISORY STAFF OF THE SCHOOL SHALL THEREAFTER BE GOVERNED BY THE APPLICABLE PROVISIONS OF SECTION TWENTY-FIVE HUNDRED TEN, TWENTY-FIVE HUNDRED EIGHTY-FIVE, TWENTY-FIVE HUNDRED EIGHTY-EIGHT OR THREE THOUSAND THIRTEEN OF THIS CHAPTER AS MODIFIED BY THIS PARAGRAPH. A CLASSROOM TEACHER OR BUILDING PRINCIPAL WHO HAS RECEIVED TWO OR MORE COMPOSITE RATINGS OF INEFFECTIVE ON AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW SHALL BE DEEMED NOT TO HAVE RENDERED FAITHFUL AND COMPETENT SERVICE WITHIN THE MEANING OF SECTION TWENTY-FIVE HUNDRED TEN, TWENTY-FIVE S. 2006--B 154 A. 3006--B HUNDRED EIGHTY-FIVE, TWENTY-FIVE HUNDRED EIGHTY-EIGHT OR THREE THOUSAND THIRTEEN OF THIS CHAPTER. WHEN A POSITION OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL IS ABOLISHED, THE SERVICES OF THE TEACHER OR ADMINIS- TRATOR OR SUPERVISOR WITHIN THE TENURE AREA OF THE POSITION WITH THE LOWEST RATING ON THE MOST RECENT ANNUAL PROFESSIONAL PERFORMANCE REVIEW SHALL BE DISCONTINUED, PROVIDED THAT SENIORITY WITHIN THE TENURE AREA OF THE POSITION SHALL BE USED SOLELY TO DETERMINE WHICH POSITION SHOULD BE DISCONTINUED IN THE EVENT OF A TIE. (C) THE RECEIVER MAY ABOLISH THE POSITIONS OF ALL TEACHERS AND PEDA- GOGICAL SUPPORT STAFF, ADMINISTRATORS AND PUPIL PERSONNEL SERVICE PROVIDERS ASSIGNED TO A SCHOOL DESIGNATED AS FAILING OR PERSISTENTLY FAILING PURSUANT TO THIS SECTION AND REQUIRE SUCH STAFF MEMBERS TO REAP- PLY FOR NEW POSITIONS IF THEY SO CHOOSE. THE RECEIVER SHALL DEFINE NEW POSITIONS FOR THE SCHOOL ALIGNED WITH THE SCHOOL INTERVENTION PLAN, INCLUDING SELECTION CRITERIA AND EXPECTED DUTIES AND RESPONSIBILITIES FOR EACH POSITION. FOR ADMINISTRATORS AND PUPIL PERSONNEL SERVICE PROVIDERS, THE RECEIVER SHALL HAVE FULL DISCRETION OVER ALL SUCH REHIR- ING DECISIONS. FOR TEACHERS AND PEDAGOGICAL SUPPORT STAFF, THE RECEIVER SHALL CONVENE A STAFFING COMMITTEE INCLUDING THE RECEIVER, TWO APPOINT- EES OF THE RECEIVER AND TWO APPOINTEES SELECTED BY THE SCHOOL STAFF OR THEIR COLLECTIVE BARGAINING UNIT. THE STAFFING COMMITTEE WILL DETERMINE WHETHER FORMER SCHOOL STAFF REAPPLYING FOR POSITIONS ARE QUALIFIED FOR THE NEW POSITIONS. THE RECEIVER SHALL HAVE FULL DISCRETION REGARDING HIRING DECISIONS BUT MUST FILL AT LEAST FIFTY PERCENT OF THE NEWLY DEFINED POSITIONS WITH THE MOST SENIOR FORMER SCHOOL STAFF WHO ARE DETERMINED BY THE STAFFING COMMITTEE TO BE QUALIFIED. ANY REMAINING VACANCIES SHALL BE FILLED BY THE RECEIVER IN CONSULTATION WITH THE STAFFING COMMITTEE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A MEMBER OF THE TEACHING AND PEDAGOGICAL SUPPORT, ADMINISTRA- TIVE, OR PUPIL PERSONNEL SERVICE STAFF WHO IS NOT REHIRED PURSUANT TO THIS PARAGRAPH SHALL NOT HAVE ANY RIGHT TO BUMP OR DISPLACE ANY OTHER PERSON EMPLOYED BY THE DISTRICT, BUT SHALL BE PLACED ON A PREFERRED ELIGIBILITY LIST IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF SECTION TWENTY-FIVE HUNDRED TEN, TWENTY-FIVE HUNDRED EIGHTY-FIVE, TWENTY-FIVE HUNDRED EIGHTY-EIGHT OR THREE THOUSAND THIRTEEN OF THIS CHAPTER. TEACH- ERS REHIRED PURSUANT TO THIS PARAGRAPH SHALL MAINTAIN THEIR PRIOR STATUS AS TENURED OR PROBATIONARY, AND A PROBATIONARY TEACHER'S PROBATION PERI- OD SHALL NOT BE CHANGED. (D) FOR A SCHOOL WITH ENGLISH LANGUAGE LEARNERS, THE PROFESSIONAL DEVELOPMENT AND PLANNING TIME FOR TEACHERS AND ADMINISTRATORS IDENTIFIED IN CLAUSES (VI) AND (VII) OF THE CLOSING PARAGRAPH OF PARAGRAPH (A) OF THIS SUBDIVISION, SHALL INCLUDE SPECIFIC STRATEGIES AND CONTENT DESIGNED TO MAXIMIZE THE RAPID ACADEMIC ACHIEVEMENT OF THE ENGLISH LANGUAGE LEAR- NERS. 8. (A) IN ORDER TO MAXIMIZE THE RAPID ACHIEVEMENT OF STUDENTS AT THE APPLICABLE SCHOOL, THE RECEIVER MAY REQUEST THAT THE COLLECTIVE BARGAIN- ING UNIT OR UNITS REPRESENTING TEACHERS AND ADMINISTRATORS AND THE RECEIVER, ON BEHALF OF THE BOARD OF EDUCATION, NEGOTIATE A RECEIVERSHIP AGREEMENT THAT MODIFIES THE APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR AGREEMENTS WITH RESPECT TO ANY FAILING SCHOOLS IN RECEIVERSHIP APPLI- CABLE DURING THE PERIOD OF RECEIVERSHIP. THE RECEIVERSHIP AGREEMENT MAY ADDRESS THE FOLLOWING SUBJECTS: THE LENGTH OF THE SCHOOL DAY; THE LENGTH OF THE SCHOOL YEAR; PROFESSIONAL DEVELOPMENT FOR TEACHERS AND ADMINIS- TRATORS; CLASS SIZE; AND CHANGES TO THE PROGRAMS, ASSIGNMENTS, AND TEACHING CONDITIONS IN THE SCHOOL IN RECEIVERSHIP. THE RECEIVERSHIP AGREEMENT SHALL NOT PROVIDE FOR ANY REDUCTION IN COMPENSATION UNLESS S. 2006--B 155 A. 3006--B THERE SHALL ALSO BE A PROPORTIONATE REDUCTION IN HOURS AND SHALL PROVIDE FOR A PROPORTIONATE INCREASE IN COMPENSATION WHERE THE LENGTH OF THE SCHOOL DAY OR SCHOOL YEAR IS EXTENDED. THE RECEIVERSHIP AGREEMENT SHALL NOT ALTER THE REMAINING TERMS OF THE EXISTING/UNDERLYING COLLECTIVE BARGAINING AGREEMENT WHICH SHALL REMAIN IN EFFECT. (B) THE BARGAINING SHALL BE CONDUCTED BETWEEN THE RECEIVER AND THE COLLECTIVE BARGAINING UNIT IN GOOD FAITH AND COMPLETED NOT LATER THAN THIRTY DAYS FROM THE POINT AT WHICH THE RECEIVER REQUESTED THAT THE BARGAINING COMMENCE. THE AGREEMENT SHALL BE SUBJECT TO RATIFICATION WITHIN TEN BUSINESS DAYS BY THE BARGAINING UNIT MEMBERS IN THE SCHOOL. IF THE PARTIES ARE UNABLE TO REACH AN AGREEMENT WITHIN THIRTY DAYS OR IF THE AGREEMENT IS NOT RATIFIED WITHIN TEN BUSINESS DAYS BY THE BARGAINING UNIT MEMBERS OF THE SCHOOL, THE PARTIES SHALL SUBMIT ANY REMAINING UNRE- SOLVED ISSUES TO THE COMMISSIONER WHO SHALL RESOLVE ANY UNRESOLVED ISSUES WITHIN FIVE DAYS, IN ACCORDANCE WITH STANDARD COLLECTIVE BARGAIN- ING PRINCIPLES. (C) FOR PURPOSES ONLY FOR SCHOOLS DESIGNATED AS FAILING PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, BARGAINING SHALL BE CONDUCTED BETWEEN THE RECEIVER AND THE COLLECTIVE BARGAINING UNIT IN GOOD FAITH AND COMPLETED NOT LATER THAN THIRTY DAYS FROM THE POINT AT WHICH THE RECEIVER REQUESTED THAT THE BARGAINING COMMENCE. THE AGREEMENT SHALL BE SUBJECT TO RATIFICATION WITHIN TEN BUSINESS DAYS BY THE BARGAINING UNIT MEMBERS OF THE SCHOOL. IF THE PARTIES ARE UNABLE TO REACH AN AGREEMENT WITHIN THIRTY DAYS OR IF THE AGREEMENT IS NOT RATIFIED WITHIN TEN BUSINESS DAYS BY THE BARGAINING UNIT MEMBERS OF THE SCHOOL, A CONCILIATOR SHALL BE SELECTED THROUGH THE AMERICAN ARBITRATION ASSOCIATION, WHO SHALL FORTHWITH FORWARD TO THE PARTIES A LIST OF THREE CONCILIATORS, EACH OF WHOM SHALL HAVE PROFES- SIONAL EXPERIENCE IN ELEMENTARY AND SECONDARY EDUCATION, FROM WHICH THE PARTIES MAY AGREE UPON A SINGLE CONCILIATOR PROVIDED, HOWEVER, THAT IF THE PARTIES CANNOT SELECT A CONCILIATOR FROM AMONG THE THREE WITHIN THREE BUSINESS DAYS, THE AMERICAN ARBITRATION ASSOCIATION SHALL SELECT A CONCILIATOR FROM THE LIST OF NAMES WITHIN ONE BUSINESS DAY, AND THE CONCILIATOR SHALL RESOLVE ALL OUTSTANDING ISSUES WITHIN FIVE DAYS. AFTER SUCH FIVE DAYS, IF ANY UNRESOLVED ISSUES REMAIN, THE PARTIES SHALL SUBMIT SUCH ISSUES TO THE COMMISSIONER WHO SHALL RESOLVE SUCH ISSUES WITHIN FIVE DAYS, IN ACCORDANCE WITH STANDARD COLLECTIVE BARGAINING PRINCIPLES. 9. A FINAL SCHOOL INTERVENTION PLAN SHALL BE SUBMITTED TO THE COMMIS- SIONER FOR APPROVAL AND, UPON APPROVAL, SHALL BE ISSUED BY THE RECEIVER WITHIN SIX MONTHS OF THE RECEIVER'S APPOINTMENT. A COPY OF SUCH PLAN SHALL BE PROVIDED TO THE BOARD OF EDUCATION, THE SUPERINTENDENT OF SCHOOLS AND THE COLLECTIVE BARGAINING REPRESENTATIVES OF TEACHERS AND ADMINISTRATORS OF THE SCHOOL DISTRICT. THE PLAN SHALL BE PUBLICLY AVAIL- ABLE AND SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE AND THE SCHOOL DISTRICT'S WEBSITE, AND THE SCHOOL DISTRICT SHALL PROVIDE NOTICE TO PARENTS OF SUCH SCHOOL INTERVENTION PLAN AND ITS AVAILABILITY. 10. EACH SCHOOL INTERVENTION PLAN SHALL BE AUTHORIZED FOR A PERIOD OF NOT MORE THAN THREE YEARS. THE RECEIVER MAY DEVELOP ADDITIONAL COMPO- NENTS OF THE PLAN AND SHALL DEVELOP ANNUAL GOALS FOR EACH COMPONENT OF THE PLAN IN A MANNER CONSISTENT WITH THIS SECTION, ALL OF WHICH MUST BE APPROVED BY THE COMMISSIONER. THE RECEIVER SHALL BE RESPONSIBLE FOR MEETING THE GOALS OF THE SCHOOL INTERVENTION PLAN. 11. THE RECEIVER SHALL PROVIDE A WRITTEN REPORT TO THE BOARD OF EDUCA- TION, THE COMMISSIONER, AND THE BOARD OF REGENTS ON A QUARTERLY BASIS TO PROVIDE SPECIFIC INFORMATION ABOUT THE PROGRESS BEING MADE ON THE IMPLE- S. 2006--B 156 A. 3006--B MENTATION OF THE SCHOOL INTERVENTION PLAN. ONE OF THE QUARTERLY REPORTS SHALL BE THE ANNUAL EVALUATION OF THE INTERVENTION PLAN UNDER SUBDIVI- SION TWELVE OF THIS SECTION. 12. (A) THE COMMISSIONER SHALL, IN CONSULTATION AND COOPERATION WITH THE DISTRICT AND THE SCHOOL STAFF, EVALUATE EACH SCHOOL WITH AN APPOINTED RECEIVER AT LEAST ANNUALLY. THE PURPOSE OF THE EVALUATION SHALL BE TO DETERMINE WHETHER THE SCHOOL HAS MET THE ANNUAL GOALS IN ITS SCHOOL INTERVENTION PLAN AND TO ASSESS THE IMPLEMENTATION OF THE PLAN AT THE SCHOOL. THE EVALUATION SHALL BE IN WRITING AND SHALL BE SUBMITTED TO THE SUPERINTENDENT AND THE BOARD OF EDUCATION NOT LATER THAN SEPTEMBER FIRST FOR THE PRECEDING SCHOOL YEAR. THE EVALUATION SHALL BE SUBMITTED IN A FORMAT DETERMINED BY THE COMMISSIONER. (B) IF THE COMMISSIONER DETERMINES THAT THE SCHOOL HAS MET THE ANNUAL PERFORMANCE GOALS STATED IN THE SCHOOL INTERVENTION PLAN, THE EVALUATION SHALL BE CONSIDERED SUFFICIENT AND THE IMPLEMENTATION OF THE SCHOOL INTERVENTION PLAN SHALL CONTINUE. IF THE COMMISSIONER DETERMINES THAT THE SCHOOL HAS NOT MET ONE OR MORE GOALS IN THE PLAN, THE COMMISSIONER MAY REQUIRE MODIFICATION OF THE PLAN. 13. UPON THE EXPIRATION OF A SCHOOL INTERVENTION PLAN FOR A SCHOOL WITH AN APPOINTED RECEIVER, THE COMMISSIONER, IN CONSULTATION AND COOP- ERATION WITH THE DISTRICT, SHALL CONDUCT AN EVALUATION OF THE SCHOOL TO DETERMINE WHETHER THE SCHOOL HAS IMPROVED SUFFICIENTLY, REQUIRES FURTHER IMPROVEMENT OR HAS FAILED TO IMPROVE. ON THE BASIS OF SUCH REVIEW, THE COMMISSIONER, IN CONSULTATION AND COOPERATION WITH THE DISTRICT, MAY: (A) RENEW THE PLAN WITH THE RECEIVER FOR AN ADDITIONAL PERIOD OF NOT MORE THAN THREE YEARS; (B) IF THE FAILING OR PERSISTENTLY FAILING SCHOOL REMAINS FAILING AND THE TERMS OF THE PLAN HAVE NOT BEEN SUBSTANTIALLY MET, TERMINATE THE CONTRACT WITH THE RECEIVER AND APPOINT A NEW RECEIV- ER; OR (C) DETERMINE THAT THE SCHOOL HAS IMPROVED SUFFICIENTLY FOR THE DESIGNATION OF FAILING OR PERSISTENTLY FAILING TO BE REMOVED. 14. NOTHING IN THIS SECTION SHALL PROHIBIT THE COMMISSIONER OR A LOCAL DISTRICT FROM CLOSING A SCHOOL PURSUANT TO THE REGULATIONS OF THE COMMISSIONER. 15. THE COMMISSIONER SHALL BE AUTHORIZED TO ADOPT REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SECTION. 16. THE COMMISSIONER SHALL REPORT ANNUALLY TO THE GOVERNOR AND THE LEGISLATURE ON THE IMPLEMENTATION AND FISCAL IMPACT OF THIS SECTION. THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, A LIST OF ALL SCHOOLS CURRENTLY DESIGNATED AS FAILING OR PERSISTENTLY FAILING AND THE STRATE- GIES USED IN EACH OF THE SCHOOLS TO MAXIMIZE THE RAPID ACADEMIC ACHIEVE- MENT OF STUDENTS. 17. THE COMMISSIONER SHALL PROVIDE ANY RELEVANT DATA THAT IS NEEDED TO IMPLEMENT AND COMPLY WITH THE REQUIREMENTS OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN WHICH ADDED THIS SECTION TO ANY SCHOOL DISTRICT THAT HAS A SCHOOL OR SCHOOLS DESIGNATED AS FAILING OR PERSISTENTLY FAIL- ING PURSUANT TO THIS SECTION BY AUGUST FIFTEENTH OF EACH YEAR, TO THE FULLEST EXTENT PRACTICABLE. PROVIDED THAT THE COMMISSIONER SHALL PROVIDE GUIDANCE TO DISTRICTS AND MAY ESTABLISH A MODEL INTERVENTION PLAN. AND PROVIDED FURTHER, THAT THE COMMISSIONER SHALL MAKE AVAILABLE TO THE PUBLIC ANY SCHOOL INTERVENTION PLAN, OR OTHER DEPARTMENT-APPROVED INTERVENTION MODEL OR COMPREHENSIVE EDUCATION PLAN OF A SCHOOL OR DISTRICT PROVIDED THAT SUCH MEASURES ARE CONSISTENT WITH ALL FEDERAL AND STATE PRIVACY LAWS. S 2. This act shall take effect immediately. S 3. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by a court of compe- S. 2006--B 157 A. 3006--B tent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its opera- tion to the clause, sentence, paragraph, subdivision, section or 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 4. This act shall take effect immediately provided, however, that the applicable effective date of Subparts A through H of this act shall be as specifically set forth in the last section of such Subparts. 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 EE of this act shall be as specifically set forth in the last section of such Parts.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.